Kentucky Insurance Guaranty Ass'n v. Jeffers Ex Rel. Jeffers

13 S.W.3d 606, 2000 Ky. LEXIS 31, 2000 WL 309815
CourtKentucky Supreme Court
DecidedMarch 23, 2000
Docket98-SC-0770-TG
StatusPublished
Cited by38 cases

This text of 13 S.W.3d 606 (Kentucky Insurance Guaranty Ass'n v. Jeffers Ex Rel. Jeffers) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kentucky Insurance Guaranty Ass'n v. Jeffers Ex Rel. Jeffers, 13 S.W.3d 606, 2000 Ky. LEXIS 31, 2000 WL 309815 (Ky. 2000).

Opinions

GRAVES, Justice.

The sole issue before this Court is whether a Legislative provision amending the Kentucky Insurance Guaranty Association Act, KRS 304.36-010 et. seq., to increase the amount of coverage from $100,-000 to $300,000 in cases involving insolvent insurance companies is limited only to those cases in which the insolvency occurred after the effective date of the amended statute, or applies retroactively to all unresolved cases. We affirm the declaratory judgment of the Jefferson Circuit Court which ruled the amendment was remedial and had retroactive application.

PIE Mutual Insurance Company was a major medical malpractice insurance carrier providing professional liability insurance for numerous physicians in Kentucky. PIE was adjudged insolvent on March 23, 1998. Appellees are individuals who have medical malpractice claims against Kentucky physicians who were insured by PIE for acts of medical negligence. In all of [608]*608these actions, the remedy sought is compensation for damages allowed under Kentucky law.

Kentucky established the Kentucky Insurance Guaranty Association (KIGA), KRS 304.36-010 et. seq., to cover claims made against insureds whose carrier becomes insolvent. This non-profit unincorporated legal entity requires insurance carriers of most types of insurance, licensed to operate in Kentucky, to be members of the association. The statutory coverage limit by KIGA was $100,000 prior to July 15, 1998. In House Bill 415, the 1998 General Assembly amended many parts of the KIGA Act. In addition to other portions of the amendment, House Bill 415 provides for an increase in the maximum coverage from $100,000 to $300,000 per covered claim. KRS 304.36-080(l)(a)(3). This amendment to the statute became effective on July 15,1998.

All of the actions concerning Appellees in this case were pending at the time House Bill 415 became effective. In all of the underlying malpractice actions, KIGA denied that the increased coverage applied to any PIE claims because PIE became insolvent before the effective date of House Bill 415.

The purpose of the KIGA Act, as amended, is:

[T]o provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to the extent provided in this subtitle to minimize financial loss to claimants or policy holders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide a means of funding the cost of such protection among insurers. KRS 304.36-020.

As amended, the statute provides in pertinent part as follows:

“Covered claim” means an unpaid claim, ... which arises out of and is within the coverage ... of an insurance policy to which this subtitle applies issued by an insurer, if the insurer becomes an insolvent insurer after June 16, 1972.... KRS 304.36-050(6)(a).
[KIGA] shall: (a) Be obligated to the extent of the covered claims existing prior to the order of liquidation.... The obligation shall be satisfied by paying to the claimant ... (3) An amount not exceeding three hundred thousand dollars ($300,000) per claimant.... KRS 304.35-080(l)(a)(3).
[KIGA] shall: (c) Be deemed the insurer to the extent of its obligation on the covered claims and to that extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent, .... KRS 304.36-080(l)(c).

Further, KRS 304.36-040, as amended, states: “This subtitle shall be construed to effect the purpose under KRS 304.36-020 which shall constitute an aid and guide to interpretation.” By its own clear terms as amended, the entire statute applies to all open claims, that is, claims existing at the time of PIE’s insolvency.

In Peabody Coal Company v. Gossett, Ky., 819 S.W.2d 33 (1991), this Court deeided the issue of retroactive application of a statute in the absence of express legislative guidance. Peabody involved an injured worker awarded workers’ compensation benefits in 1981. Prior to 1987, the workers’ compensation statute allowed the reopening of an award only for a change of physical condition. The General Assembly amended and enlarged the statute in 1987 for a reopening on a change of occupational disability. Even though there was no change in the injured worker’s underlying medical condition, he became unemployed in 1984 and was unsuccessful for two years in obtaining other employment as a coal miner. Because of these changed circumstances in employability, the injured worker moved to reopen his 1981 claim under the 1987 amendment.

The Workers’ Compensation Board initially denied his motion to reopen, but a [609]*609successor board reversed and reopened the claim. The procedural history is succinctly stated in the Peabody opinion as follows:

The employer appealed to the Court of Appeals which affirmed the New [sic] Board’s reversal. The Court of Appeals noted that it was presented a single issue of first impression: “Did the 1987 amendment to KRS 342.125 eliminate the reopening requirement that the injured worker establish a worsening of physical condition as a prerequisite to showing an increase in occupational disability?” The court also noted that as a collateral issue, it must determine whether, if no worsening of physical condition must be shown, KRS 342.125, as amended, applies to compensation cases which arose prior to the amendment’s effective date, October 26, 1987. The court then concluded in the affirmative as to both issues.

Peabody, supra, at 34.

In Peabody, the issue concerning retro-activity was premised on KRS 446.080(3), which provides that “no statute shall be construed to be retroactive, unless expressly so declared.” However, this Court reasoned:

A retrospective law, in a legal sense, is one which takes away or impairs vested rights acquired under existing laws, or which creates a new obligation and imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.

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Bluebook (online)
13 S.W.3d 606, 2000 Ky. LEXIS 31, 2000 WL 309815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kentucky-insurance-guaranty-assn-v-jeffers-ex-rel-jeffers-ky-2000.