Kentucky Statutes 304.33-050 – Injunctions and orders
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(1) Except as provided in KRS § 304.33-052, any receiver appointed in a proceeding under this subtitle may at any time apply for and any court of general jurisdiction may grant such restraining orders, temporary and permanent injunctions, and other orders as are deemed necessary and proper to prevent:
(a) The transaction of further business by or on behalf of the insurer; (b) The transfer of property against which the receiver has a claim; (c) Interference with the receiver or with the proceedings;
(d) Waste of the insurer’s assets;
(e) Dissipation and transfer of bank accounts;
(f) The institution or further prosecution of any actions or proceedings by or on behalf of the insurer;
(g) The institution or further prosecution of any action against the receiver or the insurer, including but not limited to interpleader or other actions involving assets against which the receiver has a claim;
(h) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer or its assets;
(i) The levying of execution against the insurer or its assets;
(j) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
(k) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer;
(l) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of the proceeding; or
(m) Any suit or other action against a reinsurer of the insurer.
(2) The receiver may apply to any court outside of this state for the relief described in subsection (1) of this section.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 61, sec. 3, effective July 14, 2022. — Amended
1990 Ky. Acts ch. 422, sec. 5, effective July 13, 1990. — Created 1970 Ky. Acts ch.
301, subtit. 33, sec. 5, effective June 18, 1970.
(a) The transaction of further business by or on behalf of the insurer; (b) The transfer of property against which the receiver has a claim; (c) Interference with the receiver or with the proceedings;
Terms Used In Kentucky Statutes 304.33-050
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(d) Waste of the insurer’s assets;
(e) Dissipation and transfer of bank accounts;
(f) The institution or further prosecution of any actions or proceedings by or on behalf of the insurer;
(g) The institution or further prosecution of any action against the receiver or the insurer, including but not limited to interpleader or other actions involving assets against which the receiver has a claim;
(h) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer or its assets;
(i) The levying of execution against the insurer or its assets;
(j) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
(k) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer;
(l) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of the proceeding; or
(m) Any suit or other action against a reinsurer of the insurer.
(2) The receiver may apply to any court outside of this state for the relief described in subsection (1) of this section.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 61, sec. 3, effective July 14, 2022. — Amended
1990 Ky. Acts ch. 422, sec. 5, effective July 13, 1990. — Created 1970 Ky. Acts ch.
301, subtit. 33, sec. 5, effective June 18, 1970.