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Kentucky General Assembly· HB 568signed by Governor (Acts Ch. 141)

An act relating to public protection and declaring an emergency., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                                   26 RS HB 568/EN

1   AN ACT relating to public protection and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 304.9-020 is amended to read as follows:

4 As used in this subtitle:

5 (1) "Agent" means a person who sells, solicits, or negotiates insurance or annuity

6   contracts;

7 (2) "Appointment" means a notification filed with the insurance department that an

8   insurer has established an agency relationship with a producer;

9 (3) "Appointment renewal" means continuation of an insurer's existing appointment

10  based on payment of the required fee without submission of an appointment form;

11 (4) "Apprentice adjuster" means an individual who meets the qualification

12  requirements to hold a license as an independent, staff, or public adjuster, except for

13  the experience, education, and training requirements;

14 (5) "Business entity" means a corporation, association, partnership, limited liability

15  company, limited liability partnership, employer group, professional employer

16  organization, or other legal entity;

17 (6) "Catastrophe" means an event that results in a declaration of emergency by the

18  Governor pursuant to KRS 39A.100 and:

19  (a) A large number of deaths or injuries;

20  (b) Extensive damage or destruction of facilities that provide and sustain human

21  needs;

22  (c) An overwhelming demand on state and local response resources and

23  mechanisms;

24  (d) A severe long-term effect on general economic activity; or

25  (e) A severe effect on state, local, and private sector capabilities to begin and

26  sustain response activities;

27 (7) "Crop insurance" means insurance providing protection against damage to crops

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1   from unfavorable weather conditions, fire or lightning, flood, hail, insect

2   infestation, disease, or other yield-reducing conditions or perils provided by the

3   private insurance market or that is subsidized by the Federal Crop Insurance

4   Corporation, including multi-peril crop insurance;

5 (8) "Home state" means the District of Columbia and any state or territory of the

6   United States in which a licensee maintains his or her principal place of residence

7   or principal place of business and is licensed by that state;

8 (9) "Independent adjuster" means a person who:

9   (a) Is an independent contractor, an employee of an independent contractor, or for

10  tax purposes is treated as an independent contractor under Subtitle C of the

11  Internal Revenue Code, 26 U.S.C. secs. 3101 et seq.;

12  (b) Is compensated by an insurer or self-insurer; and

13  (c) Investigates, negotiates, or settles property, casualty, or workers'

14  compensation claims for insurers or self-insurers;

15 (10) "Insurance producer":

16  (a) Means an individual or business entity required to be licensed under the laws

17  of Kentucky to sell, solicit, or negotiate insurance or annuity contracts; and[.]

18  (b) ["Insurance producer" ]Includes an agent, managing general agent, surplus

19  lines broker, reinsurance intermediary broker and manager, rental vehicle

20  agent and rental vehicle agent managing employee, and consultant;

21 (11) "Limited line credit insurance" includes credit life, credit disability, credit property,

22  credit unemployment, involuntary unemployment, mortgage life, mortgage

23  guaranty, mortgage disability, guaranteed automobile protection insurance, and any

24  other form of insurance offered in connection with an extension of credit that is

25  limited to partially or wholly extinguishing that credit obligation that the

26  commissioner determines should be designated a form of limited line credit

27  insurance;

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1 (12) "Limited line credit insurance agent" means an individual or business entity who

2   sells, solicits, or negotiates one (1) or more forms of limited line credit insurance

3   coverage to individuals through a master, corporate, group, or individual policy;

4 (13) "Limited lines insurance" means:

5   (a) The lines of insurance defined in subsections (7), (11), (22), (27), and (29) of

6   this section; and

7   (b) Any other line of insurance that the commissioner identifies in accordance

8   with KRS 304.9-230(1)(g) or recognizes for the purpose of complying with

9   KRS 304.9-140(5);

10 (14) "Negotiate":

11  (a) Means the act of conferring directly with, or offering advice directly to, a

12  purchaser or prospective purchaser of a particular contract of insurance

13  concerning any of the substantive benefits, terms, or conditions of the

14  contract, provided that the person engaged in that act either sells insurance or

15  obtains insurance from insurers for purchasers; and[.]

16  (b) Unless the context requires otherwise,["Negotiate"] does not include

17  negotiating a claims settlement;

18 (15) "Pharmacy benefit manager" means an entity that, on behalf of a health benefit

19  plan, state agency, insurer, managed care organization providing services under

20  KRS Chapter 205, or other third-party payor:

21  (a) Contracts directly or indirectly with pharmacies to provide prescription drugs

22  to individuals;

23  (b) Administers a prescription drug benefit;

24  (c) Processes or pays pharmacy claims;

25  (d) Creates or updates prescription drug formularies;

26  (e) Makes or assists in making prior authorization determinations on prescription

27  drugs;

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1   (f) Administers rebates on prescription drugs; or

2   (g) Establishes a pharmacy network;

3 (16) "Portable electronics" means electronic devices that are portable and the accessories

4   and services related to the use of the device;

5 (17) [(a) ]"Portable electronics insurance":

6   (a) Means insurance providing coverage for the repair or replacement of portable

7   electronics for any one (1) or more of the following:

8   1. Loss;

9   2. Theft;

10  3. Inoperability due to mechanical failure;

11  4. Malfunction;

12  5. Damage; or

13  6. Other similar causes of loss; and[.]

14  (b) ["Portable electronics insurance" ]Does not include[mean]:

15  1. A service contract governed by KRS 304.5-070;

16  2. A policy of insurance covering a seller's or manufacturer's obligations

17  under a warranty; or

18  3. A homeowner's, renter's, private passenger automobile, commercial

19  multi-peril, or similar policy;

20 (18) "Portable electronics insurance supervising entity" means a business entity that is a

21  licensed insurer or insurance agent that is appointed by an insurer to supervise the

22  administration of a portable electronics insurance program;

23 (19) "Portable electronics retailer" means a licensed business entity that offers and sells

24  portable electronic devices and offers and disseminates portable electronics

25  insurance on behalf and under the direction of a portable electronics insurance

26  supervising entity;

27 (20) "Public adjuster":

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1   (a) Means any person who[, for compensation or anything of value]:

2   1.[(a)] For compensation or reward paid by or on behalf of an insured,

3   renders advice or assistance to the insured in a first-party claim for

4   loss or damages under any policy, certificate, or contract of insurance

5   covering real or personal property[Acts on behalf of an insured or aids

6   an insured, solely in relation to first-party claims arising under insurance

7   contracts that insure the real or personal property of the insured, in

8   negotiating for, or effecting the settlement of, a claim for loss or damage

9   covered by an insurance contract]; or

10  2.[(b)] Advertises, solicits business, or holds itself out to the public as an

11  adjuster described in subparagraph 1. of this paragraph[ for

12  employment as a public adjuster of insurance claims, solicits business or

13  represents himself, herself, or itself to the public as a public adjuster of

14  first-party insurance claims for losses or damages arising out of policies

15  of insurance that insure real or personal property; or

16  (c) Directly or indirectly solicits business, investigates or adjusts losses, advises

17  an insured about first-party claims for losses or damages arising out of

18  policies of insurance that insure real or personal property for another person,

19  or engages in the business of adjusting losses or damages covered by an

20  insurance policy for the insured]; and

21  (b) Does not include:

22  1. An attorney licensed to practice law in Kentucky, when acting in his or

23  her professional capacity as an attorney; or

24  2. A person employed only for the purpose of obtaining facts

25  surrounding a loss or furnishing technical assistance to a licensed

26  public adjuster, including photographers, estimators, private

27  investigators, engineers, and handwriting experts;

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1 (21) "Rental vehicle agent" means a business entity with a rental vehicle agent managing

2   employee that is licensed to sell, solicit, or negotiate insurance offered, sold, or

3   solicited in connection with, and incidental to, the rental of rental vehicles, whether

4   at the rental office or by preselection of coverage in master, corporate, or group

5   agreements that:

6   (a) Are nontransferable;

7   (b) Apply only to the rental vehicle that is the subject of the rental agreement; and

8   (c) Are limited to the following kinds of insurance:

9   1. Personal accident insurance for renters and other rental vehicle

10  occupants for accidental death or dismemberment and for medical

11  expenses resulting from an accident that occurs with the rental vehicle

12  during the rental period;

13  2. Liability insurance that provides protection to the renters and other

14  authorized drivers of a rental vehicle for liability arising from the

15  operation or use of the rental vehicle during the rental period;

16  3. Personal effects insurance that provides coverage to renters and other

17  vehicle occupants for loss of or damage to personal effects in the rental

18  vehicle during the rental period;

19  4. Roadside assistance insurance;

20  5. Emergency sickness protection insurance; or

21  6. Any other coverage designated by the commissioner;

22 (22) "Rental vehicle insurance" means insurance underwritten by an insurer authorized

23  to transact business in Kentucky that is sold in connection with, and incidental to, a

24  rental vehicle agreement;

25 (23) "Rental vehicle agent managing employee" means an individual who:

26  (a) Is a salaried full-time employee of a licensed rental vehicle agent business

27  entity that holds a license under KRS 304.9-505; and

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    UNOFFICIAL COPY                                                    26 RS HB 568/EN

1   (b) Is responsible for the supervision of the other employees engaged in the

2   placement of insurance;

3 (24) "Sell" means to exchange a contract of insurance by any means, for money or other

4   valuable consideration, on behalf of an insurer;

5 (25) "Solicit" means attempting to sell insurance or asking or urging a person to apply

6   for a particular kind of insurance from a particular insurer;

7 (26) "Staff adjuster" means an individual who is an employee of an insurer who

8   investigates, negotiates, or settles property, casualty, or workers' compensation

9   claims on behalf of his or her employer;

10 (27) "Surety" means insurance or bond that covers obligation to pay the debts of, or

11  answer for the default of another, including faithlessness in a position of public or

12  private trust. Surety also includes surety insurance as defined in KRS 304.5-060;

13 (28) "Terminate" means the cancellation of the relationship between an insurance

14  producer and the insurer or the termination of an insurance producer's authority to

15  transact insurance;

16 (29) "Travel insurance" has the same meaning as in KRS 304.52-010;

17 (30) "Uniform business entity application" means the current version of the uniform

18  business entity application for resident and nonresident business entities; and

19 (31) "Uniform individual application" means the current version of the uniform

20  individual application for resident and nonresident individuals.

21  Section 2. KRS 304.9-430 is amended to read as follows:

22 (1) (a) Except as provided in this section and KRS 304.52-060, no person shall in

23  this state act as or hold himself, herself, or itself out to be an independent,

24  staff, or public adjuster unless then licensed by the department as an

25  independent, staff, or public adjuster.

26  (b) Except as provided in paragraph (c) of this subsection and for a period of

27  two (2) years beginning on the effective date of this section of this Act:

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    UNOFFICIAL COPY                                              26 RS HB 568/EN

1   1. An application for a public adjuster license shall not be accepted or

2         approved by the commissioner; and

3   2. The department shall not issue public adjuster licenses.

4   (c) A person who has a temporary or apprentice adjuster license in effect on the

5   effective date of this section of this Act may apply for and be issued a public

6   adjuster license in accordance with Section 3 of this Act.

7   (d) A public adjuster license in effect on the effective date of this section of this

8   Act:

9   1. May be renewed by the licensee in accordance with the requirements

10        of this subtitle; and

11  2. Shall continue in force until expired, suspended, revoked, or otherwise

12        terminated.

13 (2) (a) An individual applying for a resident independent, staff, or public adjuster

14  license shall make an application to the commissioner on the appropriate

15  uniform individual application and in a format prescribed by the

16  commissioner.

17  (b) An applicant under paragraph (a) of this subsection shall declare under

18  penalty of suspension, revocation, or refusal of the license that the statements

19  made in the application are true, correct, and complete to the best of the

20  individual's knowledge and belief.

21  (c) [Before approving an application submitted under paragraph (a) of this

22  subsection, ]The commissioner shall not approve an application submitted

23  under paragraph (a) of this subsection unless the commissioner finds[find]

24  that the individual to be licensed:

25  1. Is at least eighteen (18) years of age;

26  2. Is eligible to designate Kentucky as the individual's home state;

27  3. Is trustworthy, reliable, and of good reputation, evidence of which shall

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    UNOFFICIAL COPY                                                       26 RS HB 568/EN

1   be determined through an investigation by the commissioner;

2   4. Has not committed any act that is a ground for probation, suspension,

3   revocation, or refusal of a license as set forth in KRS 304.9-440;

4   5. Has successfully passed the examination for the adjuster license and the

5   applicable line of authority for which the individual has applied;

6   6. Has paid the fees established by the commissioner pursuant to KRS

7   304.4-010; and

8   7. Is financially responsible to exercise the license.

9 (3) (a) To demonstrate financial responsibility, a person applying for a public

10  adjuster license shall obtain a bond or irrevocable letter of credit prior to

11  issuance of a license and shall maintain the bond or letter of credit for the

12  duration of the license with the following limits:

13  1. A surety bond executed and issued by an insurer authorized to issue

14  surety bonds in Kentucky, which bond shall:

15  a. Be in the minimum amount of fifty thousand dollars ($50,000);

16  b. Be in favor of the state of Kentucky;

17  c. Specifically authorize recovery of any person in Kentucky who

18                   sustained damages as the result of the public adjuster's erroneous

19                   acts, failure to act, conviction of fraud, or conviction for unfair

20                   trade practices in his or her capacity as a public adjuster; and

21  d. Not be terminated unless written notice is given to the licensee at

22                   least thirty (30) days prior to the termination; or

23  2. An irrevocable letter of credit issued by a qualified financial institution,

24  which letter of credit shall:

25  a. Be in the minimum amount of fifty thousand dollars ($50,000);

26  b. Be subject to lawful levy of execution on behalf of any person to

27                   whom the public adjuster has been found to be legally liable as the

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1                    result of erroneous acts, failure to act, conviction of fraud, or

2                    conviction for unfair practices in his or her capacity as a public

3                    adjuster; and

4   c. Not be terminated unless written notice is given to the licensee at

5                    least thirty (30) days prior to the termination.

6   (b) The commissioner may ask for evidence of financial responsibility at any time

7   the commissioner deems relevant.

8   (c) If the evidence of financial responsibility terminates or becomes impaired, the

9   public adjuster license shall:

10  1. Automatically terminate; and

11  2. Be promptly surrendered to the commissioner without demand.

12 (4) (a) A business entity applying for a resident independent or public adjuster

13  license shall make an application to the commissioner on the appropriate

14  uniform business entity application and in a format prescribed by the

15  commissioner.

16  (b) An applicant under paragraph (a) of this subsection shall declare under

17  penalty of suspension, revocation, or refusal of the license that the statements

18  made in the application are true, correct, and complete to the best of the

19  business entity's knowledge and belief.

20  (c) [Before approving an application submitted under paragraph (a) of this

21  subsection, ]The commissioner shall not approve an application submitted

22  under paragraph (a) of this subsection unless the commissioner finds[find]

23  that the business entity:

24  1. Is eligible to designate Kentucky as its home state;

25  2. Has designated a licensed independent or public adjuster responsible for

26  the business entity's compliance with the insurance laws and

27  administrative regulations of Kentucky;

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1   3. Has not committed an act that is a ground for probation, suspension,

2              revocation, or refusal of an independent or public adjuster's license as

3              set forth in KRS 304.9-440; and

4   4. Has paid the fees established by the commissioner pursuant to KRS

5              304.4-010.

6 (5) For applications made under this section, the commissioner may:

7   (a) Require additional information or submissions from applicants; and

8   (b) Obtain any documents or information reasonably necessary to verify the

9   information contained in an application.

10 (6) [Unless denied licensure pursuant to KRS 304.9-440, ]A person or business entity

11  who has met the applicable requirements of subsections (2) to (5) of this section

12  shall be issued an independent, staff, or public adjuster license unless the person or

13  business entity is denied licensure pursuant to Section 8 of this Act.

14 (7) An independent or staff adjuster may qualify for a license in one (1) or more of the

15  following lines of authority:

16  (a) Property and casualty;

17  (b) Workers' compensation; or

18  (c) Crop.

19 (8) Notwithstanding any other provision of this subtitle, an individual who is employed

20  by an insurer to investigate suspected fraudulent insurance claims, but who does not

21  adjust losses or determine claims payments, shall not be required to be licensed as a

22  staff adjuster.

23 (9) A public adjuster may qualify for a license in one (1) or more of the following lines

24  of authority:

25  (a) Property and casualty; or

26  (b) Crop.

27 (10) Notwithstanding any other provision of this subtitle, a license as an independent

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1   adjuster shall not be required of the following:

2   (a) An individual who is sent into Kentucky on behalf of an insurer for the sole

3   purpose of investigating or making adjustment of a particular loss resulting

4   from a catastrophe, or for the adjustment of a series of losses resulting from a

5   catastrophe common to all losses;

6   (b) An attorney licensed to practice law in Kentucky, when acting in his or her

7   professional capacity as an attorney;

8   (c) A person employed solely to obtain facts surrounding a claim or to furnish

9   technical assistance to a licensed independent adjuster;

10  (d) An individual who is employed to investigate suspected fraudulent insurance

11  claims, but who does not adjust losses or determine claims payments;

12  (e) A person who:

13  1. Solely performs executive, administrative, managerial, or clerical duties,

14  or any combination thereof; and

15  2. Does not investigate, negotiate, or settle claims with policyholders,

16  claimants, or their legal representatives;

17  (f) A licensed health care provider or its employee who provides managed care

18  services if the services do not include the determination of compensability;

19  (g) A health maintenance organization or any of its employees or an employee of

20  any organization providing managed care services if the services do not

21  include the determination of compensability;

22  (h) A person who settles only reinsurance or subrogation claims;

23  (i) An officer, director, manager, or employee of an authorized insurer, surplus

24  lines insurer, or risk retention group, or an attorney-in-fact of a reciprocal

25  insurer;

26  (j) A United States manager of the United States branch of an alien insurer;

27  (k) A person who investigates, negotiates, or settles claims arising under a life,

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1   accident and health, or disability insurance policy or annuity contract;

2   (l) An individual employee, under a self-insured arrangement, who adjusts

3   claims on behalf of the individual's employer;

4   (m) A licensed agent, attorney-in-fact of a reciprocal insurer, or managing general

5   agent of the insurer, to whom claim authority has been granted by an insurer;

6   or

7   (n) 1. A person who:

8       a. Is an employee of a licensed independent adjuster, is an employee

9                    of an affiliate that is a licensed independent adjuster, or is

10                   supervised by a licensed independent adjuster, if there are no more

11                   than twenty-five (25) persons under the supervision of one (1)

12                   licensed individual independent adjuster or licensed agent who is

13                   exempt from licensure pursuant to paragraph (m) of this

14                   subsection;

15      b. Collects claim information from insureds or claimants;

16      c. Enters data into an automated claims adjudication system; and

17      d. Furnishes claim information to insureds or claimants from the

18                   results of the automated claims adjudication system.

19  2. For purposes of this paragraph, "automated claims adjudication system"

20      means a preprogrammed computer system designed for the collection,

21      data entry, calculation, and system-generated final resolution of

22      consumer electronic products insurance claims that complies with claim

23      settlement practices pursuant to Subtitle 12 of KRS Chapter 304.

24 (11)[ Notwithstanding any other provision of this subtitle, a license as a public adjuster

25  shall not be required of the following:

26 (a) An attorney licensed to practice law in Kentucky, when acting in his or her

27  professional capacity as an attorney;

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1 (b) A person who negotiates or settles claims arising under a life or health insurance

2   policy or an annuity contract;

3 (c) A person employed only for the purpose of obtaining facts surrounding a loss or

4   furnishing technical assistance to a licensed public adjuster, including

5   photographers, estimators, private investigators, engineers, and handwriting

6   experts;

7 (d) A licensed health care provider or its employee who prepares or files a health claim

8   form on behalf of a patient; or

9 (e) An employee or agent of an insurer adjusting claims relating to food spoilage with

10  respect to residential property insurance in which the amount of coverage for the

11  applicable type of loss is contractually limited to one thousand dollars ($1,000) or

12  less.

13 (12)] Notwithstanding any other provision of this subtitle, a license as a staff adjuster

14  shall not be required of an employee or agent of an insurer adjusting claims relating

15  to food spoilage with respect to residential property insurance in which the amount

16  of coverage for the applicable type of loss is contractually limited to one thousand

17  dollars ($1,000) or less.

18 (12)[(13)] For purposes of this section, except as otherwise provided in subsection

19  (14)[(15)] of this section, "home state" means any state or territory of the United

20  States or the District of Columbia in which an independent, staff, or public adjuster:

21  (a) Maintains his, her, or its principal place of residence or business; and

22  (b) Is licensed to act as a resident independent, staff, or public adjuster.

23 (13)[(14)] Temporary registration for emergency independent or staff adjusters shall be

24  issued by the commissioner in the event of a catastrophe declared in Kentucky in

25  the following manner:

26  (a) An insurer shall notify the commissioner by submitting an application for

27         temporary emergency registration of each individual not already licensed in

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1   the state where the catastrophe has been declared, who will act as an

2   emergency independent adjuster on behalf of the insurer;

3   (b) A person who is otherwise qualified to adjust claims, but who is not already

4   licensed in the state, may act as an emergency independent or staff adjuster

5   and adjust claims if, within five (5) days of deployment to adjust claims

6   arising from the catastrophe, the insurer notifies the commissioner by

7   providing the following information, in a format prescribed by the

8   commissioner:

9   1. The name of the individual;

10  2. The Social Security number of the individual;

11  3. The name of the insurer that the independent or staff adjuster will

12  represent;

13  4. The catastrophe or loss control number;

14  5. The catastrophe event name and date; and

15  6. Any other information the commissioner deems necessary; and

16  (c) An emergency independent or staff adjuster's registration shall remain in force

17  for a period not to exceed ninety (90) days, unless extended by the

18  commissioner.

19 (14)[(15)] (a) As used in this subsection, "home state" has the same meaning as in

20  subsection (12)[(13)] of this section, except that for purposes of this

21  subsection the term includes any state or territory of the United States or the

22  District of Columbia in which an applicant under this subsection is licensed to

23  act as a resident independent, staff, or public adjuster if the state or territory of

24  the applicant's principal place of residence does not issue an independent,

25  staff, or public adjuster license.

26  (b) [Unless refused licensure in accordance with KRS 304.9-440, ]A nonresident

27  person shall receive a nonresident independent, staff, or public adjuster

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1   license if:

2   1. The person is currently licensed in good standing as an independent,

3   staff, or public adjuster in his, her, or its home state;

4   2. The person has submitted the proper request for licensure and has paid

5   the fees required by KRS 304.4-010;

6   3. The person has submitted, in a form or format prescribed by the

7   commissioner, the uniform individual application;[ and]

8   4. The person's designated home state issues nonresident independent,

9   staff, or public adjuster licenses to persons of Kentucky on the same

10  basis; and

11  5. The person is not denied licensure pursuant to Section 8 of this Act.

12  (c) The commissioner may:

13  1. Verify an applicant's licensing status through any appropriate database,

14  including the database maintained by the National Association of

15  Insurance Commissioners, its affiliates, or subsidiaries; or

16  2. Request certification of an applicant's good standing.

17  (d) As a condition to the continuation of a nonresident adjuster license, the

18  licensee shall maintain a resident adjuster license in his, her, or its home state.

19  (e) A nonresident adjuster license issued under this subsection shall terminate and

20  be surrendered immediately to the commissioner if the licensee's resident

21  adjuster license terminates for any reason, unless:

22  1. The termination is due to the licensee being issued a new resident

23  independent, staff, or public adjuster license in his, her, or its new home

24  state; and

25  2. The new resident state or territory has reciprocity with Kentucky.

26  Section 3. KRS 304.9-432 is amended to read as follows:

27 (1) In the event that an applicant for an adjuster's license meets the qualification

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1   requirements of KRS 304.9-430 except that he or she has not had experience or

2   special education or training as to the handling of loss claims under insurance

3   contracts of sufficient duration and extent to make him or her reasonably confident

4   to fulfill the responsibilities as an adjuster, he or she shall not be required to take

5   and successfully complete the prescribed written examination and may be issued a

6   temporary license as an apprentice adjuster for a period not to exceed twelve (12)

7   months.

8 (2) A temporary license as an apprentice adjuster shall be subject to the following

9   terms and conditions:

10  (a) An individual holding a temporary license as apprentice adjuster shall have all

11  of the privileges and obligations of an adjuster licensed under the insurance

12  code;

13  (b) An individual holding a temporary license as an apprentice adjuster shall at all

14  times be a full-time salaried employee of an insurer or an adjuster and subject

15  to training, direction, and control by a licensed adjuster acting in the same

16  capacity as that for which the applicant applied;

17  (c) A temporary license as apprentice adjuster shall be subject to suspension,

18  revocation, or conditions in accordance with KRS 304.9-440; and

19  (d) An individual may hold only one (1) temporary license as an apprentice

20  adjuster.

21 (3) An individual applying for a resident apprentice adjuster license shall make

22  application to the commissioner on the appropriate uniform individual application,

23  in a format prescribed by the commissioner, and declare under penalty of

24  suspension, revocation, or refusal of the license that the statements made in the

25  application are true, correct, and complete to the best of the individual's knowledge

26  and belief. [Before approving the application, ]The commissioner shall not approve

27  an application for a resident apprentice adjuster license unless the commissioner

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1   determines that[determine whether] the applicant:

2   (a) Is at least eighteen (18) years of age;

3   (b) Is a resident of Kentucky and has designated Kentucky as his or her home

4   state;

5   (c) Has a business or mailing address in the state for acceptance of service of

6   process;

7   (d) Has not committed any act that is a ground for probation or suspension,

8   revocation, or denial of licensure as set forth in KRS 304.9-440;

9   (e) Is trustworthy, reliable, and of good reputation, evidence of which may be

10  determined by the commissioner;

11  (f) Has paid the fees prescribed by administrative regulation promulgated

12  pursuant to KRS 304.4-010; and

13  (g) Has provided an attestation from a licensed independent, staff, or public

14  adjuster with the same line of authority for which the apprentice has applied,

15  attesting that the apprentice adjuster shall be subject to training, direction, and

16  control by the licensed adjuster, and further certifying that the licensed

17  adjuster assumes responsibility for the actions of the apprentice in the

18  apprentice's capacity as an adjuster.

19 (4) The apprentice adjuster license shall be subject to the following terms and

20  conditions:

21  (a) The apprentice adjuster shall only be authorized to adjust claims in the state

22  that has issued the apprentice adjuster license;

23  (b) The apprentice adjuster shall be restricted to participation in the investigation,

24  settlement, and negotiation of claims subject to the review and final

25  determination of the claim by the supervising licensed adjuster;

26  (c) Compensation of an apprentice adjuster shall be on a salaried or hourly basis

27  only;

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1   (d) The apprentice adjuster shall not be required to pass the independent or public

2   adjuster examination, as required by KRS 304.9-430(2), to adjust claims as an

3   apprentice adjuster. At any time during the apprenticeship, the apprentice

4   adjuster may choose to take the examination required by KRS 304.9-430(2)

5   and, if he or she passes the examination, the apprentice adjuster license shall

6   automatically terminate and an adjuster license shall be issued to that

7   individual in place thereof; and

8   (e) The apprentice adjuster license shall be for a time period not to exceed twelve

9   (12) months and is nonrenewable.

10 (5) The licensed independent, staff, or public adjuster responsible for the apprentice

11  adjuster shall only supervise the activities of the apprentice adjuster as set forth in

12  this subtitle.

13 (6) Notwithstanding any other provision of this section and for a period of two (2)

14  years beginning on the effective date of this section of this Act:

15  (a) An application for a temporary or apprentice adjuster license from a person

16  that would be supervised by a public adjuster shall not be accepted or

17  approved by the commissioner; and

18  (b) The department shall not issue temporary or apprentice adjuster licenses to

19  a person that would be supervised by a public adjuster.

20  Section 4. KRS 304.9-433 is amended to read as follows:

21 (1) (a) Except as provided in paragraph (b) of this subsection, a public adjuster shall

22  not provide services to an insured until:

23  1. A written contract with the insured has been executed on a form that has

24  been prefiled with and approved by the commissioner; and

25  2. The rescission period required under subsection (8) of this section has

26  concluded.

27  (b) Subject to subsection (3) of Section 7 of this Act, the commissioner may

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1   approve a form that allows a public adjuster to be compensated for services

2   provided to an insured prior to the:

3   1. Execution of the[a] written contract; or

4   2. Conclusion of the rescission period required under subsection (8) of

5   this section;

6   in emergency circumstances.

7   (c) [A contract between a public adjuster and an insured in violation of paragraph

8   (a) of this subsection shall not be enforceable in this state.

9   (d) ]A form prefiled with the commissioner by a public adjuster for approval

10  under paragraph (a) of this subsection shall be subject to disapproval by the

11  commissioner at any time if the form is found to:

12  1. Violate any provision of this chapter;

13  2. Contain or incorporate by reference any inconsistent, ambiguous, or

14  misleading clauses; or

15  3. Contain any title, heading, or other indication of its provisions which is:

16  a. Misleading; or

17  b. Printed in a size of typeface or manner of reproduction so as to be

18                   substantially illegible.

19  (d)[(e)] A contract between a public adjuster and an insured that was executed

20  on a form that was prefiled with and approved by the commissioner under

21  paragraph (a) of this subsection prior to a disapproval of the form under

22  paragraph (c)2. or 3.[(d)] of this subsection shall be enforceable to the extent

23  allowed by:

24  1. Ordinary principles of contract; and

25  2. Any applicable state or federal laws implicated by the contract.

26 (2) A public adjuster shall ensure that all contracts between the public adjuster and

27  an[the] insured for services are in writing and contain the following[ terms]:

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1   (a) The legible full name of the adjuster signing the contract, as specified in the

2   department's licensing records;

3   (b) The adjuster's permanent home state business address and phone number;

4   (c) The license number issued to the adjuster by the department;

5   (d) A title of "Public Adjuster Contract";

6   (e) The insured's full name, street address, insurer name, and policy number, if

7   known or upon notification;

8   (f) A description of the loss or damage and its location, if applicable;

9   (g) A description of services to be provided to the insured;

10  (h) The signatures of the adjuster and the insured;

11  (i) The date the contract was signed by:

12  1. The adjuster; and

13  2. The insured;

14  (j) Attestation language stating that the adjuster has a letter of credit or a surety

15  bond as required by KRS 304.9-430(3);

16  (k) The full salary, fee, commission, compensation, or other consideration the

17  adjuster is to receive for services, including but not limited to:

18  1. If the compensation is based on a percentage of the insurance settlement,

19  the exact percentage, which shall be in accordance with KRS 304.9-

20  4333;

21  2. The initial expenses to be reimbursed to the adjuster from the proceeds

22  of the claim payment, specified by type, with dollar estimates; and

23  3. Any additional expenses, if first approved by the insured;

24  (l) A statement that the adjuster shall not:

25  1. Give legal advice; or

26  2. Act on behalf of or aid any person in negotiating or settling a claim

27  relating to bodily injury, death, or noneconomic damages;

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1   (m) The process for rescinding the contract, including the date by which rescission

2   of the contract by the adjuster or the insured may occur;[ and]

3   (n) A statement that:

4   1. Clearly states in substance[ the following]: "Complaints regarding this

5               contract or regarding the public adjuster may be filed with the consumer

6               protection division of the Kentucky Department of Insurance[.]"; and

7   2. Contains the physical address, email address, and phone number for

8               the department; and

9   (o) A statement that clearly states in substance: "Any legal action arising out of

10  or related to this contract shall be heard only in the courts of, and governed

11  only by the laws of, the Commonwealth of Kentucky."

12 (3) (a) Compensation provisions in a contract between a public adjuster and an

13  insured shall not be redacted in any copy of the contract provided to the

14  commissioner.

15  (b) A redaction prohibited under paragraph (a) of this subsection shall constitute

16  an omission of material fact in violation of KRS 304.9-440 and 304.12-230.

17 (4) A contract between a public adjuster and an insured shall not contain any contract

18  term that:

19  (a) Allows the adjuster's percentage rate[fee] to be collected when money is due

20  from an insurer, but not paid;

21  (b) Allows the adjuster to collect the entire fee from the first check issued by an

22  insurer, rather than as a percentage of each check issued by an insurer;

23  (c) Requires an insured to authorize an insurer to issue a check only in the name

24  of the adjuster;

25  (d) Imposes collection costs or late fees;

26  (e) Allows the adjuster's rate of compensation to be increased based on the fact

27  that a claim is litigated; or

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1   (f) Precludes the adjuster from pursuing civil remedies.

2 (5) Prior to the signing of a contract with an insured, a public adjuster shall provide the

3   insured with a separate disclosure document regarding the claim process that states

4   the following:

5   "Property insurance policies obligate the insured to present a claim to his or her

6   insurance company for consideration. Three (3) types of adjusters may be involved

7   in the claim process as follows:

8   1. "Staff adjuster" means an insurance adjuster who is an employee of an

9   insurance company, who represents the interest of the insurance

10  company, and who is paid by the insurance company. A staff adjuster

11  shall not charge a fee to the insured;

12  2. "Independent adjuster" means an insurance adjuster who is hired on a

13  contract basis by an insurance company to represent the insurance

14  company's interest in the settlement of the claims and who is paid by the

15  insurance company. An independent adjuster shall not charge a fee to

16  the insured; and

17  3. "Public adjuster" means an insurance adjuster who does not work for

18  any insurance company. A public adjuster works for the insured to assist

19  in the preparation, presentation, and settlement of the claim, and the

20  insured hires a public adjuster by signing a contract agreeing to pay him

21  or her a fee or commission based on a percentage of the settlement or

22  another method of payment.

23  The insured is not required to hire a public adjuster to help the insured meet his or

24  her obligations under the policy, but has the right to hire a public adjuster. The

25  insured has the right to initiate direct communications with the insured's attorney,

26  the insurer, the insurer's adjuster, the insurer's attorney, and any other person

27  regarding the settlement of the insured's claim. The public adjuster shall not be a

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1   representative or employee of the insurer. The salary, fee, commission, or other

2   consideration paid to the public adjuster is the obligation of the insured, not the

3   insurer."

4 (6) (a) A contract between a public adjuster and an insured shall be executed in

5   duplicate to provide an original physical copy of the contract to:

6   1. The public adjuster; and

7   2. The insured.

8   (b) A public adjuster's original contract shall be available at all times for

9   inspection by the commissioner without notice.

10 (7) Within seventy-two (72) hours of entering into a contract with an insured, a public

11  adjuster shall provide the insurer:

12  (a) A notification letter that:

13  1. Has been signed by the insured; and

14  2. Authorizes the public adjuster to render advice and assistance to the

15             insured in accordance with this subtitle[represent the insured's

16             interest]; and

17  (b) A physical copy of the contract.

18 (8) (a) The insured shall have the right to rescind a contract with a public adjuster

19  within:

20  1. Except as provided in subparagraph 2. of this paragraph, five (5)[three

21             (3)] business days after the date the physical copy of the contract was

22             provided to the insured; or[signed]

23  2. If the contract was entered into based on events that are the subject of

24             a state of emergency that was declared by the Governor, a local chief

25             executive officer, or a local government under KRS 39A.100 or

26             39B.070, as applicable, ten (10) days after the contract is executed.

27  (b) A rescission of a public adjuster contract shall be:

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1   1. In writing;

2   2. Mailed or delivered to the public adjuster at the address in the contract;

3   and

4   3. Postmarked or received within the applicable rescission[three (3)

5   business day] period.

6 (9) If an insured exercises the right to rescind a contract under subsection (8) of this

7   section, anything of value given by the insured under the contract to the public

8   adjuster shall be returned to the insured within fifteen (15) business days following

9   receipt by the public adjuster of the rescission notice.

10 (10) Any requirement to provide a physical copy of a contract under this section shall

11  not be satisfied by providing an electronic copy of the contract.

12 (11) A contract between a public adjuster and an insured that is in violation of any

13  provision of this chapter shall not be enforceable.

14  Section 5. KRS 304.9-4331 is amended to read as follows:

15 (1) A public adjuster shall give an insured written notice of the insured's rights under

16  this section and KRS 304.9-433 and 304.9-4332.

17 (2) A public adjuster shall ensure that:

18  (a) Prompt notice of a claim is provided to the insurer;

19  (b) The property that is subject to a claim is available for inspection of the loss or

20  damage by the insurer; and

21  (c) The insurer is given the opportunity to interview the insured directly about the

22  loss or damage and claim.

23 (3) A public adjuster shall not restrict or prevent an insurer or its adjuster, or an

24  attorney, investigator, or other person acting on behalf of the insurer, from:

25  (a) Having reasonable access, at reasonable times, to:

26  1. The insured or claimant; or

27  2. The insured property that is the subject of a claim;

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1   (b) Obtaining necessary information to investigate and respond to a claim; or

2   (c) Corresponding directly with the insured regarding the claim, except a public

3   adjuster shall be copied on any correspondence with the insured relating to the

4   claim.

5 (4) (a) A public adjuster shall not act or fail to reasonably act in any manner that

6   obstructs or prevents the insurer or its adjuster from timely conducting an

7   inspection of any part of the insured property for which there is a claim for

8   loss or damage.

9   (b) Except as provided in paragraph (c) of this subsection, a public adjuster

10  representing an insured may be present for the insurer's inspection.

11  (c) If the unavailability of a public adjuster, after a reasonable request by the

12  insurer, otherwise delays the insurer's timely inspection of the property, the

13  insured shall allow the insurer to have access to the property without the

14  participation or presence of the public adjuster in order to facilitate the

15  insurer's prompt inspection of the loss or damage.

16 (5) A public adjuster shall provide the insured, the insurer, and the commissioner with

17  a written disclosure concerning any direct or indirect financial interest that the

18  adjuster has with any other party who is involved in any aspect of the claim.

19 (6) A public adjuster shall not:

20  (a) Participate, directly or indirectly, in the reconstruction, repair, or restoration

21  of damaged property that is the subject of a claim adjusted by the adjuster;

22  (b) Engage in any activities that may be reasonably construed as a conflict of

23  interest, including, directly or indirectly, soliciting or accepting any

24  remuneration of any kind or nature;

25  (c) Have a financial interest in, or otherwise be affiliated with, any salvage,

26  repair, or any other business entity or person that obtains business in

27  connection with any claim that the public adjuster has a contract to adjust;[ or]

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1   (d) Utilize a contractor, another form of business, or any other person to solicit

2   or obtain contract signatures; or

3   (e) 1. Use claim information obtained in the course of any claim investigation

4   for commercial purposes.

5   2. As used in subparagraph 1. of this paragraph, "commercial purposes"

6   includes marketing or advertising used for the benefit of the public

7   adjuster.

8 (7) For a period of two (2) years beginning on the effective date of this section of this

9   Act, a public adjuster shall not negotiate with an insurer on behalf of an insured

10  in the adjustment or settlement of a claim.

11  Section 6. KRS 304.9-4332 is amended to read as follows:

12 (1) All funds received or held by a public adjuster on behalf of an insured toward the

13  settlement of a claim shall be:

14  (a) Handled in a fiduciary capacity; and

15  (b) Deposited into one (1) or more separate noninterest-bearing fiduciary trust

16  accounts in a financial institution licensed to do business in this state no later

17  than the close of the second business day from the receipt of the funds.

18 (2) The funds referenced in subsection (1) of this section shall:

19  (a) Be held separately from any personal or nonbusiness funds;

20  (b) Not be commingled or combined with other funds;

21  (c) Be reasonably ascertainable from the books of accounts and records of the

22  public adjuster; and

23  (d) Be disbursed within thirty (30) calendar days of any invoice received by the

24  public adjuster upon approval of the insured or the claimant that the work has

25  been satisfactorily completed.

26 (3) For[A public adjuster shall maintain an accurate record and itemization of] any

27  funds deposited into an account under subsection (1) of this section, a public

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1   adjuster shall:

2   (a) Maintain an accurate record and itemization of the funds in accordance

3   with KRS 304.9-435; and

4   (b) Provide the insured with a receipt of deposit within three (3) business days

5   after the date the funds were deposited.

6   Section 7. KRS 304.9-4333 is amended to read as follows:

7 (1) [Except as provided in subsection (2) of this section:

8 (a) ]Any fee charged to an insured by a public adjuster shall[ be]:

9   (a)[1.] Be based only on the amount of the insurance settlement proceeds

10  actually received by the insured;[ and]

11  (b)[2.] Be collected by the public adjuster after the insured has received the

12  insurance settlement proceeds from the insurer; and

13  (c) Comply with subsections (2) and (3) of this section.

14 (2)[(b)] Except as provided in subsection (3) of this section or subsection (1) of

15  Section 4 of this Act:

16  (a) A public adjuster may receive a fee[commission] for services provided under

17  this subtitle consisting of:

18  1. An hourly rate[fee];

19  2. A flat rate;

20  3. A percentage rate[of the total amount paid by the insurer to resolve a

21  claim]; or

22  4. Another method of compensation; and

23  (b)[(c)] A public adjuster:

24  1. Shall not charge:

25  a. An unreasonable fee; or

26  b. A fee based on insurance settlement proceeds received by the

27                   insured prior to:

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1                    i. The execution of a contract between the insured and public

2                             adjuster; or[and]

3                    ii. The conclusion of the rescission period required under

4                             Section 4 of this Act; and

5           2. May charge a reasonable fee that does not exceed ten percent (10%)[:

6           a. For noncatastrophic claims, fifteen percent (15%)] of the[ total]

7           insurance settlement proceeds upon which a fee may be based under

8           this section[recovery of the insured; and

9           b. For catastrophic claims, ten percent (10%) of the total insurance

10          recovery of the insured].

11 (3)[(2)] In the event a public adjuster is entitled to compensation in accordance with

12  subsection (1)(b) of Section 4 of this Act and the[If an] insurer[, not later than

13  seventy-two (72) hours after the date on which a loss or damage is reported to the

14  insurer,] either pays or commits in writing to pay the policy limit of the insurance

15  policy to the insured prior to the execution of, or conclusion of a rescission period

16  for, a contract between the insured and the public adjuster, the[a] public adjuster

17  shall:

18  (a) Not receive a commission consisting of a percentage rate[of the total amount

19          paid by the insurer to resolve a claim];

20  (b) Inform the insured that the claim settlement amount may not be increased by

21          the insurer; and

22  (c) Be entitled only to reasonable compensation from the insured for services

23          provided by the adjuster on behalf of the insured, based on the time spent on

24          the claim and expenses incurred by the adjuster prior to when the claim was

25          paid or the insured received a written commitment to pay from the insurer.

26  Section 8. KRS 304.9-440 is amended to read as follows:

27 (1) The commissioner may place on probation, suspend, or may impose conditions

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1   upon the continuance of a license for not more than twenty-four (24) months,

2   revoke, or refuse to issue or renew any license issued under this subtitle or any

3   surplus lines broker, life settlement broker, or life settlement provider license, or

4   may levy a civil penalty in accordance with KRS 304.99-020, or any combination

5   of actions for any one (1) or more of the following causes:

6   (a) Providing incorrect, misleading, incomplete, or materially untrue information

7   in a license application;

8   (b) Violating any insurance laws, or violating any administrative regulations,

9   subpoena, or order of the commissioner or of another state's insurance

10  commissioner;

11  (c) Obtaining or attempting to obtain a license through misrepresentation or

12  fraud;

13  (d) Improperly withholding, misappropriating, or converting any moneys or

14  properties received in the course of doing insurance or the business of life

15  settlements;

16  (e) Intentionally misrepresenting the terms of an actual or proposed insurance

17  contract, life settlement contract, or application for insurance;

18  (f) Having been convicted of or having pled guilty or nolo contendere to any

19  felony;

20  (g) Having admitted or been found to have committed any unfair insurance trade

21  practice, insurance fraud, or fraudulent life settlement act;

22  (h) Using fraudulent, coercive, or dishonest practices; or demonstrating

23  incompetence, untrustworthiness, or financial irresponsibility; or being a

24  source of injury or loss to the public in the conduct of business in this state or

25  elsewhere;

26  (i) Having an insurance license, life settlement license, or its equivalent, denied,

27  suspended, or revoked in any other state, province, district, or territory;

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1   (j) Surrendering or otherwise terminating any license issued by this state or by

2   any other jurisdiction, under threat of disciplinary action, denial, or refusal of

3   the issuance of or renewal of any other license issued by this state or by any

4   other jurisdiction; or revocation or suspension of any other license held by the

5   licensee issued by this state or by any other jurisdiction;

6   (k) Forging another's name to an application for insurance, to any other document

7   related to an insurance transaction, or to any document related to the business

8   of life settlements;

9   (l) Cheating, including improperly using notes or any other reference material to

10  complete an examination for license;

11  (m) Knowingly accepting insurance or life settlement business from an individual

12  or business entity who is not licensed, but who is required to be licensed

13  under this subtitle;

14  (n) Failing to comply with an administrative or court order imposing a child

15  support obligation;

16  (o) Failing to pay state income tax or to comply with any administrative or court

17  order directing payment of state income tax;

18  (p) Having been convicted of a misdemeanor for which restitution is ordered in

19  excess of three hundred dollars ($300), or of any misdemeanor involving

20  dishonesty, breach of trust, or moral turpitude;

21  (q) [Failing to ]No longer meeting[meet] the requirements for initial licensure;

22  (r) If a life settlement provider, demonstrating a pattern of unreasonable

23  payments to owners or failing to honor contractual obligations set out in a life

24  settlement contract;

25  (s) Entering into any life settlement contract or using any form that has not been

26  approved pursuant to Subtitle 15 of this chapter;

27  (t) If a licensee, having assigned, transferred, or pledged a policy subject to a life

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1   settlement contract to a person other than a life settlement provider licensed in

2   this state, an accredited investor or qualified institutional buyer as defined,

3   respectively, in Regulation D, Rule 501 or Rule 144a of the Federal Securities

4   Act of 1933, as amended, a financing entity, a special purpose entity, or a

5   related provider trust; or

6   (u) Any other cause for which issuance of the license could have been refused,

7   had it then existed and been known to the commissioner.

8 (2) (a) For any public adjuster or apprentice adjuster supervised by a public adjuster

9   under KRS 304.9-432, the commissioner shall[may] deny, suspend, or revoke

10  the adjuster's or apprentice adjuster's license or impose a fine not to exceed

11  five thousand dollars ($5,000) per act[ against the adjuster], or both, for any of

12  the following causes:

13  1. Violating any provision of this chapter;

14  2. Violating any administrative regulation or order of the commissioner;

15  3. Receiving payment or anything of value as a result of an unfair or

16  deceptive practice;

17  4. Receiving or accepting any fee, kickback, or other thing of value

18  pursuant to any agreement or understanding, oral or otherwise, from

19  anyone other than an insured;

20  5. Entering into a split-fee arrangement with another person who is not a

21  public adjuster; or

22  6. Being otherwise paid or accepting payment for public adjuster services

23  that have not been performed.

24  (b) The sanctions and penalties under this subsection shall be in addition to any

25  other remedies, penalties, or sanctions available to the commissioner against a

26  public adjuster or an apprentice adjuster supervised by a public adjuster under

27  KRS 304.9-432 under this section or any other law.

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1 (3) The license of a business entity may be suspended, revoked, or refused for any

2   cause relating to an individual designated in or registered under the license if the

3   commissioner finds that:

4   (a) An individual licensee's violation was known or should have been known by

5   one (1) or more of the partners, officers, or managers acting on behalf of the

6   business entity; and

7   (b) The violation was not reported to the department nor corrective action taken.

8 (4) (a) The license of a pharmacy benefit manager may, in the discretion of the

9   commissioner, be suspended, revoked, or refused for any cause enumerated in

10  subsection (1) of this section, and for violations of KRS 205.647, 304.9-053,

11  304.9-054, 304.9-055, and 304.17A-162.

12  (b) The pharmacy benefit manager shall also be subject to the same civil penalties

13  under KRS 304.99-020 as an insurer.

14 (5) The applicant or licensee may make written request for a hearing in accordance

15  with KRS 304.2-310.

16 (6) The commissioner shall retain the authority to enforce the provisions and penalties

17  of this chapter against any individual or business entity who is under investigation

18  for or charged with a violation of this chapter, even if the individual's or business

19  entity's license has been surrendered or has lapsed by operation of law.

20 (7) The commissioner may suspend, revoke, or refuse to renew the license of a licensed

21  insurance agent operating as a life settlement broker, pursuant to KRS 304.15-700,

22  if the commissioner finds that such insurance agent has violated the provisions of

23  KRS 304.15-700 to 304.15-725.

24 (8) If the commissioner denies a license application or suspends, revokes, or refuses to

25  renew the license of a life settlement provider or life settlement broker, or suspends,

26  revokes, or refuses to renew the license of a licensed life insurance agent operating

27  as a life settlement broker pursuant to KRS 304.15-700, the commissioner shall

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1   comply with the provisions of this section and KRS Chapter 13B.

2 (9) The sanctions and penalties applicable to licenses and licensees under subsection

3   (1) of this section shall also be applicable to registrations and registrants under KRS

4   304.52-030(3).

5   SECTION 9. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO

6 READ AS FOLLOWS:

7 (1) (a) A violation of Section 4, 5, 6, or 7 of this Act shall be deemed to be an

8   unfair, false, misleading, or deceptive act or practice in the conduct of trade

9   or commerce in violation of KRS 367.170.

10  (b) All of the remedies, powers, and duties provided to the Attorney General or

11  any other person under KRS 367.110 to 367.300, and the penalties provided

12  in KRS 367.990, pertaining to acts and practices declared unlawful by KRS

13  367.170, shall apply with equal force and effect to a violation of this section.

14 (2) (a) The remedies and penalties prescribed in this section shall be cumulative.

15  (b) This section shall not be construed to limit or restrict the powers, duties,

16  remedies, or penalties available to the Attorney General, the

17  Commonwealth, or any other person under any other statutory or common

18  law.

19  Section 10. KRS 304.9-436 is amended to read as follows:

20 (1) An authorized insurer shall not do business in Kentucky with an adjuster who is

21  unlicensed in violation of KRS 304.9-080 and 304.9-430. This section shall not

22  apply to transactions between an authorized insurer and persons providing adjusting

23  services pursuant to KRS 304.9-430(10), (11), [(12), ]and (13)[(14)].

24 (2) An authorized insurer shall not do business in Kentucky with an administrator who

25  is not licensed in accordance with KRS 304.9-052. This subsection shall not apply

26  to transactions between an authorized insurer and persons providing administrator

27  services pursuant to KRS 304.9-051.

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1   Section 11. KRS 304.9-295 is amended to read as follows:

2 (1) This section shall apply to individuals who hold licenses or lines of authority

3   requiring continuing education each biennium.

4 (2) The continuing education biennial compliance date for an individual resident

5   licensee shall be as follows:

6   (a) A licensee whose birth date is in an even-numbered year shall satisfy

7   continuing education requirements on or before the last day of the licensee's

8   birth month in the even-numbered year. A licensee shall show proof of

9   compliance to the commissioner within sixty (60) days after the continuing

10  education biennial compliance date. If the licensee has not held the license for

11  one (1) year, the compliance date is adjusted to the next even-numbered year

12  and each subsequent even-numbered year thereafter. If the license becomes

13  inactive and reissued within a twelve (12) month period, the compliance date

14  shall remain the same;

15  (b) A licensee whose birth date is in an odd-numbered year shall satisfy

16  continuing education requirements and show proof of compliance to the

17  commissioner on or before the last day of the licensee's birth month in the

18  odd-numbered year. A licensee shall show proof of compliance to the

19  commissioner within sixty (60) days after the continuing education biennial

20  compliance date. If the licensee has not held the license for one (1) year, the

21  compliance date is adjusted to the next odd-numbered year and each

22  subsequent odd-numbered year thereafter. If the license becomes inactive and

23  reissued within a twelve (12) month period, the compliance date shall remain

24  the same.

25 (3) This section shall not apply to:

26  (a) Limited lines of authority under agent licenses, as exempted by the

27  commissioner in accordance with KRS 304.9-230;

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1   (b) Licensees not licensed for one (1) full year prior to the end of the applicable

2   continuing education biennium;

3   (c) Licensees holding nonresident licenses who have met the continuing

4   education requirements of their home state and whose home state gives credit

5   to Kentucky resident licensees on the same basis; or

6   (d) Licensees maintaining their licenses for the sole purpose of receiving

7   renewals or deferred commissions and providing the department with a

8   supporting affidavit.

9 (4) A licensee, who holds an agent license and who is not exempt under subsection (3)

10  of this section, shall satisfactorily complete a minimum of twenty-four (24) hours of

11  continuing education courses, of which three (3) hours shall have a course

12  concentration in ethics, during each continuing education biennium.

13 (5) Beginning July 31, 2012, an individual who holds an independent or public adjuster

14  license and who is not exempt under KRS 304.9-430(10)[ or (11)], shall

15  satisfactorily complete a minimum of twenty-four (24) hours of continuing

16  education courses, of which three (3) hours shall have a course concentration in

17  ethics in accordance with subsection (4) of this section. Continuing education hours

18  shall be reported to the commissioner on a biennial basis in conjunction with the

19  licensee's renewal in accordance with subsection (10) of this section.

20 (6) Only continuing education courses approved by the commissioner shall be used to

21  satisfy the continuing education requirement of subsection (4) of this section and

22  any other continuing education requirement of this chapter.

23  (a) The continuing education courses which meet the commissioner's standards

24  for continuing education requirements are:

25  1. Any part of the Life Underwriter Training Council life course

26  curriculum;

27  2. Any part of the Health Underwriter Training Council health course

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1   curriculum;

2   3. Any part of the American College Chartered Life Underwriter diploma

3   curriculum;

4   4. Any part of the American Institute for Property and Liability

5   Underwriters' chartered property and casualty underwriter profession

6   designation program;

7   5. Any part of the Insurance Institute of America's programs;

8   6. Any part of the certified insurance counselor program;

9   7. Any insurance related course taught at an accredited college or

10  university, if the course is approved by the commissioner;

11  8. Any course of instruction or seminar developed or sponsored by any

12  authorized insurer, recognized agent association, recognized insurance

13  trade association, or any independent program of instruction, if

14  approved by the commissioner;

15  9. Any correspondence course approved by the commissioner; and

16  10. Any course in accordance with provisions of reciprocal agreements the

17  commissioner enters with other states.

18  (b) The commissioner shall prescribe the number of hours of continuing

19  education credit for each continuing education course approved in accordance

20  with this subsection. Continuing education courses submitted in accordance

21  with a reciprocal agreement shall be approved according to the provisions of

22  the reciprocal agreement.

23  (c) If a continuing education course requires successful completion of a written

24  examination, no continuing education credit shall be given to licensees who

25  do not successfully complete the written examination.

26  (d) The fee for filing continuing education courses for approval by the

27  commissioner shall be as specified in Subtitle 4 of KRS Chapter 304.

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1   (e) For continuing education courses of reciprocal states, continuing education

2   providers shall be approved in accordance with the provisions of the

3   reciprocal agreements.

4 (7) An individual teaching any approved continuing education course shall qualify for

5   the same number of hours of continuing education credit as would be granted to a

6   licensee taking and satisfactorily completing the course.

7 (8) Excess credit hours accumulated during any continuing education biennium may be

8   carried forward. The commissioner may, by regulation, limit the number of hours

9   carried forward.

10 (9) For good cause shown, the commissioner may grant an extension of time during

11  which the continuing education requirement of subsection (2) of this section may be

12  completed, but the extension of time shall not exceed two (2) years. What

13  constitutes good cause for the extension of time rests within the discretion of the

14  commissioner.

15 (10) Every licensee subject to this section shall furnish to the commissioner written

16  certification as to the continuing education courses satisfactorily completed by the

17  licensee. The certification shall be signed by or on behalf of the provider sponsoring

18  the continuing education course. The certification shall be on a form prescribed by

19  the commissioner.

20 (11) The provider shall furnish to the commissioner certification as to the continuing

21  education courses satisfactorily completed by each licensee. The certification shall

22  be signed or authenticated by or on behalf of the provider sponsoring the continuing

23  education course. The certification shall be on a form or in a format prescribed by

24  the commissioner.

25 (12) The license or line of authority requiring continuing education shall expire if the

26  individual holding the license or line of authority fails to comply with the

27  continuing education requirement and has not been granted an extension of time to

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1   comply in accordance with subsection (9) of this section. If the license has expired,

2   the license shall be promptly surrendered to the commissioner without demand. If

3   the line of authority has terminated but another line of authority not requiring

4   continuing education is still in effect, the license shall be promptly delivered to the

5   commissioner for reissuance as to the line of authority still in effect.

6 (13) The license of any individual subject to the continuing education requirement shall

7   be suspended or revoked, a civil penalty imposed, or both, in accordance with KRS

8   304.9-440, if the individual submits to the commissioner a false or fraudulent

9   certificate of compliance with the continuing education requirement.

10 (14) (a) The commissioner may withdraw approval of a continuing education

11  provider, course, or instructor for good and just cause.

12  (b) In addition to or in lieu of withdrawal of approval, the commissioner may

13  impose a civil penalty of not more than one thousand dollars ($1,000) per

14  violation of this chapter by a provider or an instructor.

15  Section 12. KRS 196.026 is amended to read as follows:

16 The Department of Corrections shall consist of the following organizational units:

17 (1) Division of Compliance;

18 (2) Division of Public Affairs;

19 (3) Office of Adult Institutions, which shall have the following divisions:

20  (a) Division of Operations and Program Services;

21  (b) Division of Medical Services;

22  (c) Division of Mental Health Services;

23  (d) Division of Education;

24  (e) Division of Correctional Industries;

25  (f) Division of Kentucky State Reformatory;

26  (g) Division of Luther Luckett Correctional Complex;

27  (h) Division of Roederer Correctional Complex;

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1   (i) Division of Blackburn Correctional Complex;

2   (j) Division of Kentucky Correctional Institution for Women;

3   (k) Division of Northpoint Training Center[ Division];

4   (l) Division of Eastern Kentucky Correctional Complex;

5   (m) Division of Bell County Forestry Camp;

6   (n) Division of Kentucky State Penitentiary;

7   (o) Division of Western Kentucky Correctional Complex;

8   (p) Division of Green River Correctional Complex;

9   (q) Division of Little Sandy Correctional Complex;[ and]

10  (r) Division of Southeast State Correctional Complex; and

11  (s) Division of Central Kentucky Medical Correctional Complex.

12  Each division specified in paragraphs (f) to (s)[(r)] of this subsection shall be

13  headed by a warden pursuant to KRS 196.160;

14 (4) Office of Community Services and Facilities, which shall have the following

15  divisions:

16  (a) Division of Probation and Parole;

17  (b) Division of Reentry;

18  (c) Division of Local Facilities; and

19  (d) Division of Addiction Services; and

20 (5) Office of Support Services, which shall have the following divisions:

21  (a) Division of Administrative Services;

22  (b) Division of Corrections Training;

23  (c) Division of Population Management;

24  (d) Division of Offender Information Services; and

25  (e) Division of Parole Board Support.

26  Section 13. KRS 342.908 is amended to read as follows:

27 (1) The commissioner shall notify a guaranty fund if the commissioner has knowledge

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1   that any member of the guaranty fund has failed to timely pay workers'

2   compensation benefits required by this chapter or if a court of competent

3   jurisdiction has declared the member to be bankrupt or insolvent.

4 (2) In the event of issuance of a certificate of default, the commissioner shall call all

5   security and transfer it to the appropriate guaranty fund created pursuant to this

6   section. The commissioner shall also immediately notify, by certified mail, the

7   guaranty fund and order the guaranty fund to assume the workers' compensation

8   obligations of the member required in this chapter. The guaranty fund shall

9   commence payment of these obligations within fourteen (14) days of receipt of

10  notification and order of the commissioner. Payment shall be made to claimants

11  whose entitlement to benefits can be ascertained by the guaranty fund with or

12  without proceedings before the Department of Workers' Claims or a court of

13  competent jurisdiction. Upon assumption of the obligations of a member by a

14  guaranty fund, the guaranty fund shall have the right to immediate possession of

15  any security, and the custodian, surety, or issuer of any irrevocable letter of credit

16  shall turn over the security, proceeds of the surety bond, or letter of credit to the

17  guaranty fund, together with the interest that has accrued since the date of the

18  member's insolvency. The guaranty fund may administer payment of benefits or it

19  may retain a third party to do so.

20 (3) Notwithstanding any other provision of law, any cash, securities, irrevocable letters

21  of credit, specific excess or aggregate excess insurance proceeds, or any other

22  security deposited or posted in accordance with this section shall be used first, when

23  due, to pay workers' compensation claims. After the security has been exhausted,

24  the payment of workers' compensation claims from member assessments may be

25  made. Where the guaranty fund member-assessment account is used to pay workers'

26  compensation claims on an emergency or an interim basis, pending receipt by the

27  guaranty fund of security which is due but not yet received, the member-assessment

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1   account shall be reimbursed for payment from the security when it is received, and

2   the priorities stated above shall thereafter apply.

3 (4) (a) To the extent necessary to secure funds for the initial establishment of each

4   guaranty fund member-assessment account, the board of directors of each

5   guaranty fund created pursuant to this section shall levy assessments based on

6   the premium of each individual self-insured employer, as defined and

7   calculated pursuant to KRS 342.0011(28), for members of the Kentucky

8   individual self-insurers guaranty fund and for the Kentucky coal employers

9   self-insurance guaranty fund, and KRS 342.0011(24) for the Kentucky group

10  self-insurance guaranty fund, but no such assessments shall ever exceed, in

11  the aggregate, from all members of a single guaranty fund, an amount in

12  excess of one million dollars ($1,000,000) at any given time.

13  (b) The assessments shall be made at a maximum annual assessment of:

14  1. One-half of one percent (0.5%) of the premium for each member of the

15  Kentucky individual self-insurance guaranty fund as defined and

16  calculated pursuant to KRS 342.0011(28);

17  2. Two percent (2%) of the premium for each member of the Kentucky

18  coal employers guaranty fund as defined and calculated pursuant to KRS

19  342.0011(28); and

20  3. Three-fourths of one percent (0.75%) of the premium for each member

21  of the Kentucky group self-insurance guaranty fund as defined and

22  calculated pursuant to KRS 342.0011(24).

23 (5) The initial assessment for each guaranty fund created pursuant to this section shall

24  be for an amount equal to five hundred thousand dollars ($500,000), to be levied

25  and collected within a one (1) year period. There shall be no reassessments against

26  any member unless the current balance of such guaranty fund created pursuant this

27  section is insufficient after deducting the amount paid for or reserved for

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1   outstanding claims and for administrative and other costs in managing the guaranty

2   fund at which point the board of directors shall raise assessments sufficient to bring

3   the minimum amount of the guaranty fund to five hundred thousand dollars

4   ($500,000) or such other amount not to exceed, in any event, one million dollars

5   ($1,000,000) based upon a maximum annual assessment for each guaranty fund.

6 (6) A guaranty fund created pursuant to this section shall pay no dividends, rebates,

7   interest, or otherwise distribute income from the guaranty fund to any of its

8   members, unless the guaranty fund has the assets prescribed in subsection (5) of this

9   section and the distributions are approved by the commissioner.

10 (7) The commissioner shall be provided with any relevant information by the employer,

11  any excess insurer, any third party administrator, or any issuer of any irrevocable

12  letter of credit, issuer of any surety bond, or custodian of any security necessary for

13  the commissioner to carry out the commissioner's obligations under this chapter,

14  and the commissioner shall provide this information to the guaranty fund as

15  necessary to carry out its obligations.

16 (8) The payment of benefits by a guaranty fund does not release any person or entity

17  from any liability to the individual guaranty fund for full reimbursement.

18 (9) (a) As used in this subsection:

19  1. "Annual special fund assessment" means the assessment imposed

20  upon a member fund pursuant to KRS 342.122(1)(b);

21  2. "Division" means the Division of Workers' Compensation Funds in

22  the Department of Workers' Claims;

23  3. "Group fund" means the Kentucky group self-insurance fund

24  established pursuant to KRS 342.906(2); and

25  4. "Member fund" means a member or former member of the Kentucky

26  group self-insurance fund that is assessed under subsection (4) of this

27  section on or after January 1, 2026, for liabilities incurred while a

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1   member.

2   (b) Notwithstanding any provision of KRS 342.122 to the contrary, or any other

3   provision of this chapter or other law, for calendar years beginning January

4   1, 2027, and January 1, 2028:

5   1. The amount of the annual special fund assessment imposed upon a

6   member fund shall be retained by the member fund and paid to the

7   credit of the group fund for the purpose of satisfying the group fund's

8   outstanding workers' compensation claims; and

9   2. A member fund shall pay the amounts of its annual special fund

10  assessment to the group fund on the schedule set forth in KRS

11  342.122(2)(a) and (b) and shall provide the division with notice of the

12  assessments paid.

13  (c) This subsection shall not apply to any special fund assessment for any

14  calendar year beginning after December 31, 2028.

15  Section 14. Sections 4 to 7 of this Act apply to contracts entered into on or after

16 the effective date of Sections 4 to 7 of this Act.

17  Section 15. Whereas ensuring adequate licensing requirements for public

18 adjusters is crucial for the protection of consumers, and it is critical to ensure that the

19 Department of Corrections is able to provide the care and capacity necessary for the

20 inmate population, an emergency is declared to exist, and Sections 1, 2, 3, 10, 11, and 12

21 of this Act take effect upon its passage and approval by the Governor or upon its

22 otherwise becoming a law.

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