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STEPHENS v. STATE FARM MUT. AUTO. INS. CO.

No. 93-SC-919-DG.

894 S.W.2d 624 (1995)

Honorable Don W. STEPHENS, not individually but in his capacity as Commissioner, Kentucky Department of Insurance; Kentucky Department of Insurance; Kentucky Fair Plan; Kentucky Joint Reinsurance Association, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Harold C. Sumner, Appellees.

Supreme Court of Kentucky.

Rehearing Denied April 20, 1995.

Attorney(s) appearing for the Case

Joseph L. Ardery, Jeffrey P. Stodghill, Brown, Todd & Heyburn, Louisville, Stephen Cox, Suetta W. Dickinson, Kentucky Dept. of Ins., Frankfort, for appellants.

Bruce F. Clark, Cheryl U. Lewis, Stites & Harbison, Frankfort, for appellees.

REYNOLDS, Justice.

At issue is the constitutionality of those amendments to the Kentucky FAIR (Fair Access to Insurance Requirements) Plan Statutes (KRS 304.35-010, et seq.) effected by House Bill 552 of the 1988 Kentucky General Assembly.

The insurance industry is a highly regulated one and operates within the framework of Kentucky's comprehensive, regulatory insurance code (KRS Chapter 304). It provides for three insurance residual market mechanisms...

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