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Petitioner’s obligations under each contract are described as
follows:
Performs market conduct examinations of insurance
companies authorized to do business in Kentucky. Audit
claims records, policy filings, rates, advertisements,
and agent records for compliance with law. Prepares
report of examinations and testifies in any formal
proceedings resulting from examination.
Usually, the examinations conducted by petitioner pursuant
to his contracts with the DOI took place at the offices of the
insurance company under examination where the records necessary
for the examination were stored; in most cases, the location was
not in Kentucky. Each contract contemplated the examinations
would require petitioner to travel extensively, which he did
during each year in issue.
For most audits, petitioner used his personally owned 1992
Cadillac to travel to the location where the insurance company
under audit was located. Petitioner was reimbursed $.22 per mile
for the use of his car for trips to and from the location of the
audit. If the audit was conducted within 200 miles of Frankfort,
petitioner was also entitled to mileage reimbursements for return
trips to Frankfort over the weekends.
Petitioner was paid a per diem allowance for meals and
lodging while traveling away from Frankfurt on DOI business as
follows:
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Last modified: May 25, 2011