Kentucky Statutes 304.40-010 – Legislative policy
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The declaration of legislative policy of KRS § 304.40-030 to KRS § 304.40-140 is as follows:
It is hereby declared by the General Assembly of the Commonwealth of Kentucky that the availability of health care liability insurance for physicians and surgeons, dentists, registered nurses, hospitals, and others engaged in providing health care is necessary for the general health and economic welfare of the people; and without such insurance, health care services may be severely curtailed; and that while the need for such insurance is increasing, the supply is not adequate and is likely to become less adequate in the future; and that present plans to provide adequate health care liability insurance in Kentucky have not been sufficient to meet the needs of our citizens. It is further declared that the Commonwealth has an obligation to provide an equitable method whereby every insurer licensed to write personal liability insurance in Kentucky be required to meet this market demand. It is the purpose of KRS § 304.40-010 to KRS § 304.40-140 to define this obligation and provide a mandatory program to assure an adequate supply of health care liability insurance coverage in the Commonwealth of Kentucky.
Effective: June 19, 1976
History: Created 1976 Ky. Acts ch. 164, sec. 1, effective June 19, 1976.
It is hereby declared by the General Assembly of the Commonwealth of Kentucky that the availability of health care liability insurance for physicians and surgeons, dentists, registered nurses, hospitals, and others engaged in providing health care is necessary for the general health and economic welfare of the people; and without such insurance, health care services may be severely curtailed; and that while the need for such insurance is increasing, the supply is not adequate and is likely to become less adequate in the future; and that present plans to provide adequate health care liability insurance in Kentucky have not been sufficient to meet the needs of our citizens. It is further declared that the Commonwealth has an obligation to provide an equitable method whereby every insurer licensed to write personal liability insurance in Kentucky be required to meet this market demand. It is the purpose of KRS § 304.40-010 to KRS § 304.40-140 to define this obligation and provide a mandatory program to assure an adequate supply of health care liability insurance coverage in the Commonwealth of Kentucky.
Terms Used In Kentucky Statutes 304.40-010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Effective: June 19, 1976
History: Created 1976 Ky. Acts ch. 164, sec. 1, effective June 19, 1976.