411.188 Notification of parties holding subrogation rights -- Collateral source

183 words·~1 min read·/ky/411-188

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

payments and subrogation rights admissible.

(1)This section shall apply to all actions for damages, whether in contract or tort,

commenced after July 15, 1988.

(2)At the commencement of an action seeking to recover damages, it shall be the duty

of the plaintiff or his attorney to notify, by certified mail, those parties believed by

him to hold subrogation rights to any award received by the plaintiff as a result of

the action. The notification shall state that a failure to assert subrogation rights by

intervention, pursuant to Kentucky Civil Rule 24, will result in a loss of those rights

with respect to any final award received by the plaintiff as a result of the action.

(3)Collateral source payments, except life insurance, the value of any premiums paid

by or on behalf of the plaintiff for same, and known subrogation rights shall be an

admissible fact in any civil trial.

(4)A certified list of the parties notified pursuant to subsection

(2)of this section shall

also be filed with the clerk of the court at the commencement of the action.