Upon receipt of an application for issuance for a certificate of filing, the commissioner
shall issue or deny the same. Issuance of a certificate of filing shall be granted only if the commissioner finds
that the applicant has complied with KRS 304.48-050, has paid the application fee, and the commissioner is satisfied that the following
conditions are met:
(1) The persons responsible for the conduct of the affairs of the liability self-insurance
group are competent, trustworthy, and possess good reputation;
(2) The liability self-insurance group is financially responsible and may reasonably
be expected to meet its obligations to participants and prospective participants. In making this determination, the commissioner may consider:
(a) The adequacy of working capital;
(b) Any agreement with an insurer, a government, or any other organization for insuring
the payment of liability claims or the provision for automatic applicability of an
alternative coverage in the event of discontinuance of the self-insurance group; and
(c) Compliance with KRS 304.48-070, as a guarantee that the obligations will be duly performed.
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