(1) Any person aggrieved by any act, determination, rule, regulation, order, or any other action of the commissioner pursuant to this subtitle, may file appropriate proceedings in the Franklin Circuit Court or other court of competent jurisdiction for proper relief.
(2) The filing of an appeal pursuant to this section or other court proceeding shall not stay the application of such order or other action of the commissioner unless the court, after giving notice to the parties and an opportunity to be heard, determines that such a stay would not be detrimental to the interest of policyholders, shareholders, creditors, or the public.

Terms Used In Kentucky Statutes 304.37-100

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means :
    (a) The commissioner of insurance of this state. See Kentucky Statutes 304.37-010
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.

(3) Any person aggrieved by any failure of the commissioner to act or make a determination required by this subtitle may petition the Franklin Circuit Court for a mandatory injunction or other injunctive relief directing the commissioner to act or make such determination forthwith.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1481, effective July 15, 2010. — Created
1972 Ky. Acts ch. 52, sec. 10, effective June 16, 1972.

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