Title XXV, Business and Financial Institutions

No person shall make, publish, disseminate or circulate directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical…

No person shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance.

(1) No insurer, other than a life insurer or health insurer, shall make or permit any unfair discrimination in favor of particular persons, or between insureds or subjects of insurance having substantially like insuring risk, and exposure factors, or expense elements, in the term…

sex prohibited -- Genetic tests. (1) No person shall, whether acting for himself or another in connection with an insurance transaction, fail or refuse to issue or renew insurance to any person because of race, color, religion, national origin, or sex except that rates determined…

(1) As used in this section: (a) "Insurance coverage" means coverage under a disability insurance, life insurance, or long-term care insurance policy; and (b) "Living donor" means an individual who: 1. Has donated all or part of an organ; and 2. Is not deceased. (2) Notwithstandi…

(1) No insurer or employee or representative thereof shall knowingly charge, demand, or receive a premium for any insurance policy except in accordance with the applicable filing on file with the commissioner. No such insurer, employee, or representative shall pay, allow, or give…

Notwithstanding any other provision of this chapter: (1) Except as provided in subsections (2) and (3) of this section, an insurer, by or through its employees, affiliates, or third-party representatives, or an insurance producer, as defined in KRS 304.9-020, may: (a) In connecti…

Nothing in KRS 304.12-080, 304.12-090, or 304.12-110 shall be construed as prohibiting: (1) Payment of lawfully earned commission or other lawful compensation to duly licensed insurance producers, as defined in KRS 304.9-020, or compensation disclosed in a written disclosure agre…

No insurer, insurance producer as defined in KRS 304.9-020, or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, sell, buy, or offer or promise to buy, sell, give, promise, or allow to the insu…

concerning consumer goods or related services. (1) For purposes of this section, "free insurance" means: (a) Insurance for which no identifiable or additional charge is made to the purchaser or lessee of such consumer goods or services directly or indirectly connected with consum…

(1) If, after a hearing conducted in accordance with KRS Chapter 13B, the commissioner finds that any person in this state has engaged or is engaging in any act or practice defined in or prohibited under this subtitle, the commissioner shall order the person to desist from the ac…

(1) If the commissioner believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in this subtitle but that such method of competition is unfair,…

(1) No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property shall require, as a condition to financing or lending, or varying the terms and conditions of the financing or lending, or…

Every debtor, borrower, or purchaser of property with respect to which insurance of any kind is required in connection with a debt or loan on the property shall be informed by the creditor or lender of his or her right of free choice in the selection of the agent and insurer thro…

loans prohibited. No person who makes a loan on real or personal property shall in connection with such a transaction make any separate charge or require a fee or payment of any money for the substitution by a borrower or a mortgagor or a purchaser of one insurance policy on the …

(1) Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with a…

(1) No person shall willfully collect any sum as premium or charge for insurance, which insurance is not then provided or is not in due course to be provided (subject to acceptance of the risk by the insurer) by an insurance policy issued by an insurer as authorized by this code.…

No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer.

of coverage. (1) As used in this section, unless the context requires otherwise: (a) "Casualty insurance" has the meaning set forth in KRS 304.5-070; (b) "Domestic violence and abuse" has the meaning set forth in KRS 403.720; (c) "Innocent co-insured" means an individual who did …

(1) Unfair discrimination against individuals on the basis of blindness or partial blindness is prohibited. (2) For the purposes of this section, unfair discrimination against individuals on the basis of blindness or partial blindness consists of refusing to insure, refusing to c…

For the purpose of KRS 304.12-230, "person" shall not mean an insured.

It is an unfair claims settlement practice for any person to commit or perform any of the following acts or omissions: (1) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; (2) Failing to acknowledge and act reasonably promptly upon co…

(1) All claims arising under the terms of any contract of insurance shall be paid to the named insured person or health care provider not more than thirty (30) days from the date upon which notice and proof of claim, in the substance and form required by the terms of the policy, …

(1) As used in this section: (a) "Insurer": 1. Means any insurer, self-insurer, self-insured plan, or self-insured group; and 2. Shall include any health maintenance organization, provider-sponsored integrated health delivery network, or nonprofit hospital, medical- surgical, den…

funds are used for preneed funeral contracts or prearrangements. (1) As used in this section, unless the context requires otherwise: (a) "Preneed funeral contract or prearrangement" means an agreement by or for an individual before that individual's death relating to the purchase…

practice for health insurance policies. (1) It shall be an unfair or deceptive trade practice for a health insurance policy to exclude coverage for a health condition based solely on the fact that the health condition is work-related, unless the claimant is eligible for benefits …

deceptive trade practice for health insurer or administrator. It shall be an unfair or deceptive trade practice for any health insurer or administrator as defined under KRS Chapter 304 to refuse to provide information requested by the Department for Medicaid Services under KRS 20…

from dishonest and predatory insurance sales practices. The commissioner shall have the authority to promulgate regulations to protect service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practice…

school's posting of Ten Commandments. Because the posting of the Ten Commandments in a public school building is a lawful posting of a historical document under KRS 158.195, no liability insurer shall refuse to pay under the terms of the policy an insured who is sued for posting …

under automobile insurance policy. In connection with rental reimbursement coverage under an automobile insurance policy, an insurer, an employee or representative of an insurer, an agent of an insurer, a consultant, or an insurance adjuster shall not: (1) Solicit or accept a ref…

vehicle to include notice of right to choose -- Exemption. (1) An insurer shall inform a claimant upon notification of a motor vehicle damage claim that he or she has the right to choose the repair facility of his or her choice to repair a damaged vehicle. (2) After July 12, 2012…

As used in this subtitle, unless the context requires otherwise: (1) A "market" is the interaction between buyers and sellers consisting of a product market component and a geographic market component. A product market component consists of identical or readily substitutable prod…

KRS 304.13-011 to 304.13-161 apply to all types of insurance written on risks in this state by any insurer authorized under this chapter to do business in this state, except: (1) Life insurance; (2) Annuities; (3) Wet marine and transportation insurance; (4) Accident and health i…

(1) In a noncompetitive market, rates shall be made in accordance with the following provisions: (a) Manual, minimum, class rates, rating schedules or rating plans, shall be made and adopted, except in the case of specific inland marine rates on risks specially rated; (b) Rates s…

(1) A competitive market for any line of insurance is presumed to exist unless the commissioner, after a hearing, determines that a reasonable degree of competition does not exist in the market for such line and issues an order to that effect. Such an order shall expire no later …

(1) In a competitive market, every insurer shall file with the commissioner rates and supplementary information to be used in this state for commercial risks as designated by the commissioner and for all personal risks. The rates and supplementary rate information shall be filed …

(1) Unless the commissioner enters an order pursuant to KRS 304.13-041 declaring workers' compensation to be a noncompetitive market, rates filed for use after December 31, 1998, shall be filed pursuant to KRS 304.13-051(1). (2) Notwithstanding the provisions of KRS 304.13-051 to…

With respect to any filing which, if approved, would result in a reduction of rates, the commissioner shall immediately order the proposed rates to be effective. If upon the commissioner's review of the filing or as a result of a public hearing it appears that the proposed rates …

(1) Every insurer shall provide to the commissioner information to demonstrate to what extent the insurer's rates are based upon its Kentucky experience. (2) Every insurer shall provide to the commissioner information to demonstrate its compliance with the requirements contained …

Notwithstanding any provision of this chapter or any other chapter of the Kentucky Revised Statutes or any rating manual or rule to the contrary, no workers' compensation rate increases shall be applied retroactively, but rather shall be applied only to policies with inception or…

on recording and reporting rates and other information. (1) The information furnished in support of a filing may include: (a) The experience or judgment of the insurer; (b) The insurer's interpretation of any statistical data it relies on; (c) The experience of other insurers; an…

reduction in premium charges. (1) Any schedule of rates or rating plan for automobile liability and physical damage insurance filed with the commissioner shall provide for an appropriate reduction in premium charges for a period of at least three (3) years and up to five (5) year…

For motor vehicle insurance rates, whether in a competitive market or a noncompetitive market, appropriate reductions in premium charges for comprehensive coverage shall be applied to those motor vehicles equipped with an antitheft device as provided in KRS 304.20-410.

(1) Existing rates in a noncompetitive market may be disapproved pursuant to the rating standards of this chapter after a hearing. Rates that have been filed in a noncompetitive market but that have not become effective may be disapproved pursuant to the rating standards of this …

(1) An insurer that uses credit information shall, on written request from an applicant or an insured, provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or underwriting rules or guidelines for an applicant or insured who has …

(1) All rates, supplementary rate information, and supporting information filed under KRS 304.13-011 to 304.13-161 shall be open to public inspection at any reasonable time. Copies may be obtained by any person on request and on payment of a charge specified in Subtitle 4 of this…