806 KAR 2:050. Complaints.

 

      RELATES TO: KRS 304.2-160

      STATUTORY AUTHORITY: KRS 304.2-110

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 304.2-110 provides that the Executive Director of Insurance may make reasonable rules and administrative regulations necessary for or as an aid to the effectuation of any provision of the Kentucky Insurance Code. This administrative regulation sets forth the classification of complaints made to the Office of Insurance.

 

      Section 1. When a written and signed complaint is received by the Office of Insurance, the executive director or his authorized deputies shall make a determination, so far as it is within their jurisdiction under the laws of this Commonwealth, as to the merits, if any, of such complaint.

 

      Section 2. It is hereby recognized that the office has no authority to usurp or infringe upon the jurisdiction, prerogative, or authority of the various courts of competent jurisdiction in this Commonwealth, and that the ultimate decision upon questions of law and fact must rest with such courts. However, it shall be the duty of the executive director, upon final disposition of each complaint, to make a finding as to whether the complaint was justifiable, unjustifiable, indeterminate, or a request for information, and to record such findings upon its record. In this respect the office shall be guided by the common and accepted practice in the insurance industry and a fair and reasonable application of the duties, responsibilities, and obligations of the respective parties. (I-2.05; 1 Ky.R. 855; eff. 5-14-75; TAm eff. 8-9-2007.)