91A.0810 Identification of amount of local government tax charged and taxing jurisdiction due tax -- Notice to policyholders.
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91A.0810 Identification of amount of local government tax charged and taxing
jurisdiction due tax -- Notice to policyholders.
(1) Effective December 31, 2008, if the local government premium tax is included in
the premium charge to the policyholder, the insurance company shall include the <br>amount of the local government tax charged for the period and the name of the <br>taxing jurisdiction to which the local premium tax is due for: <br>(a) Newly issued policies on the:
1.
Policy;
2.
Declaration sheet; or
3.
Initial billing instruments; and
(b) Renewed policies on the:
1.
Renewal certificate; or
2.
Billing instrument for each period for which premium or additional <br>premium is charged to a policyholder by the insurance company.
(2) Before December 31, 2008, each insurance company shall cause each current
policyholder to be notified of the policyholder's rights under this chapter. The one <br>(1) time notice may be sent to the policyholder under any mode of communication <br>normally used between the insurance company and the policyholder and may be <br>sent as a separate notice or included as an additional item within routine statements, <br>billings, or other notices. The Kentucky Department of Insurance shall promulgate <br>by administrative regulation the text of such notice, which shall include: <br>(a) A statement that past and future premium charges may include a local
insurance premium tax; and
(b) A statement that a policyholder who has been erroneously charged or
overcharged the local insurance premium tax may obtain information for <br>requesting a refund or credit by contacting the insurance company to which <br>the local insurance premium tax was erroneously paid.
(3) Any insurance company contacted by a policyholder under subsection (2) of this
section shall, within thirty (30) days of the contact, provide the policyholder the full <br>text of KRS 91A.0804(4) to inform the policyholder of the procedural requirements <br>for requesting a refund or a credit. The insurance company may, at its option, <br>include a summary or explanation of the procedural requirements in addition to <br>providing the text.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 80, effective July 15, 2010; and ch. 165,
secs. 3 and 6, effective July 15, 2010. -- Created 2008 Ky. Acts ch. 94, sec. 7, <br>effective July 15, 2008.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts ch. 24, sec. 80, and ch. 165, secs. 3 and 6, which do not appear to be <br>in conflict and have been codified together.
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