{"data":{"id":"us-ky/krs-304.33-410","jurisdiction":"us-ky","citation":"KRS 304.33-410","heading":"Claims of surety.","body":"Whenever a creditor whose claim against an insurer is secured in whole or in part by the\nundertaking of another person fails to prove and file that claim, the other person may do\nso in the creditor's name, and shall be subrogated to the rights of the credi tor, whether the\nclaim has been filed by the creditor or by the other person in the creditor's name, to the\nextent that he discharges the undertaking. In the absence of an agreement with the\ncreditor to the contrary, the other person shall not be entitled to any dividend until the\namount paid to the creditor on the undertaking plus the dividends paid on the claim from\nthe insurer's estate to the creditor equals the amount of the entire claim of the creditor.\nAny excess received by the creditor shall be held by him in trust for such other person.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29860","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:55Z","sha256":"92b513dc36fbbef67e67ba68a5240b773fd067558f353dd4f7e90a16cd42a110","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.33-400","next":"us-ky/krs-304.33-420"},"notice":"GroundRules: Original legal text. Not legal advice."}
