Title XXV, Business and Financial Institutions

Conditions. If an insurer has indicated its willingness to renew a policy providing coverage for loss or damage under a property or casualty policy by mailing or delivering to the named insured, at his last known address, a notice of the renewal premium amount and the amount was …

Definitions -- Scope -- Penalties. (1) As used in this section: (a) "Policy" means an automobile liability insurance policy, delivered or issued for delivery in this state, insuring a single individual or husband and wife resident of the same household, as named insured, and unde…

policy or imposing additional premium because of uninsured status under certain conditions. (1) An insurer, with whom a person was most recently insured under a motor vehicle liability insurance policy, shall not refuse to issue a policy of motor vehicle liability insurance nor i…

active military duty and absent from the Commonwealth -- Penalty for insurer demonstrating willful pattern of noncompliance. (1) For purposes of this section, "military service" has the same meaning as in 50 U.S.C. sec. 3911. (2) An insurer shall not refuse to issue a policy of m…

prohibited. (1) No insurer shall decline to issue, cancel, nonrenew, or otherwise terminate property and casualty insurance contracts covering personal risks solely because of credit history, lack of credit history, or the following extraordinary life circumstances that directly …

Exception. No insurer shall cancel, refuse to renew, or increase the premium on an automobile insurance policy on an automobile owned by an insured who is employed by the Commonwealth of Kentucky because of an accident which occurred while the insured was acting in the scope and …

Complaint. (1) No insurer shall increase the premium on an automobile liability insurance policy solely as a result of a claim for an automobile accident filed by an insured if the insured was not at fault nor contributorily negligent. (2) An insured may notify in writing the com…

coverage inquiry prohibited. No insurer shall cancel, refuse to renew, or increase the premium on an automobile liability insurance policy or a homeowner's insurance policy solely as the result of an inquiry related to the insured's coverage which does not reasonably apprise the …

A provision agreeing to arbitrate any or all disputes that may arise at some future date contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this state, shall not be binding upon the named insured or any pe…

Requirement to use specific motor vehicle glass repair shop prohibited. (1) As used in this section: (a) "Advanced driver assistance system" means any motor vehicle electronic safety system, as outlined in the most recent version of SAE International's SAE J3016 Levels of Driving…

Every motor vehicle insurance policy insuring a motor vehicle with coverage for collision, bodily injury, and property damage liability, or all three (3), licensed in this state shall extend these coverages to cover the insured individual's negligence while operating a motor vehi…

No language appearing on a check or draft representing payment by an insurer under an automobile liability insurance policy shall release the insurer from liability for personal injury claims, notwithstanding any signatures which appear on the check or draft.

Any public housing authority created pursuant to KRS Chapter 80 may self-insure, subject to approval of the commissioner by filing with the commissioner in satisfactory form: (1) A continuing undertaking by the owner or other appropriate person to pay tort liabilities; (2) Eviden…

commissioner of Department of Workers' Claims. Any insurer providing workers' compensation insurance coverage for a Kentucky location shall provide proof of coverage to the commissioner of the Department of Workers' Claims in accordance with the requirements of the chapter.

insurer's agent. (1) As used in this section: (a) "Commercial property and casualty" means any kind of property and casualty insurance relating to commercial risks that is not insurance for personal risks as defined in KRS 304.13-011; (b) "Loss run statement" means a report relat…

Prohibition. (1) As used in this section: (a) "Insured" means a person that is entitled, or may be entitled, to receive first- party benefits or payments under an insurance policy; (b) "Person" includes: 1. A natural person; 2. Any type or form of corporation, company, partnershi…

nationally accepted used car valuation guides or tools. (1) Prior to the effective date of the use of the nationally accepted used car valuation guides or tools identified under subsection (2) of this section, a property, casualty, or property and casualty insurer shall use any n…

(1) As used in KRS 304.20-160 to 304.20-190, "authorized agencies" shall mean: (a) State commissioner of insurance; (b) The state fire marshal when authorized or charged with the investigation of fires at the place where the fire actually took place; (c) The state Attorney Genera…

concerning fire loss. (1) Any authorized agency may, in writing, require an insurer at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the insurer may have in its possession, concerning a los…

(1) Any authorized agency and insurer described in KRS 304.20-150 or 304.20-160 who receives any information furnished pursuant to KRS 304.20-160 to 304.20- 190, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil pr…

(1) No person, insurer or authorized agency shall intentionally or knowingly refuse to release any information requested pursuant to KRS 304.20-160(1) or (3). (2) No person or insurer shall intentionally or knowingly refuse or fail to provide authorized agencies relevant informat…

The provisions of KRS 304.20-160 to 304.20-180 shall not be construed to affect or repeal any ordinance or resolution of any county or city of any class relating to fire prevention or the control of arson, but the jurisdiction of the state fire marshal and the commissioner of the…

The interest of each person in the proceeds of any policy, except those on single-family dwellings, issued by an insurer, as defined in KRS 304.1-040, providing fire insurance coverage for loss or damages caused by fire on an item of real estate, provided the amount of the procee…

taxing authority. (1) Prior to the payment of any insurance proceeds for loss or damage to real estate caused by fire, but within twenty (20) days of the filing of any notice of claim for fire insurance proceeds by an insured, provided the amount of the proceeds for the loss paya…

The liens existing pursuant to KRS 131.515 and 134.420 shall take precedence over any claim of right of an insured owner, mortgagee, assignee, or other interested party, except as otherwise provided by the laws of the United States.

An insurer shall not be liable to any insured owner, mortgagee, assignee or other interested party for any amounts paid by it to the state or any county, city or other taxing district pursuant to the provisions of KRS 304.20-210 and in reliance upon information contained in any s…

KRS 304.20-200 to 304.20-250 shall apply to all policies of fire insurance, excluding policies on single-family dwellings, delivered, issued for delivery, or renewed after July 15, 1980. Each insurer authorized to do business in this state shall notify its insureds of the provisi…

The provisions of KRS 304.20-200 to 304.20-240 shall not be deemed or construed to alter or impair the right of the state or any county, city or other taxing district to acquire or enforce any lien against real property but shall be in addition to any other right provided by law …

After July 15, 1986, no insurer shall deliver, issue for delivery or renew any policy or policies providing coverage for loss or damage to a structure located in this Commonwealth for an amount greater than one hundred percent (100%) of the replacement cost of the structure. For …

(1) The purpose of KRS 304.20-320 to 304.20-350 is to regulate declinations, cancellations, and refusals to renew certain policies of property or casualty insurance as defined in KRS 304.5-050 and 304.5-070 which are delivered, issued for delivery, or renewed after July 15, 1986,…

As used in KRS 304.20-320 to 304.20-350: (1) "Renewal" or "to renew" means the issuance and delivery by an insurer at the end of a policy period or term of a policy superseding a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certifi…

of premium required. (1) Declinations. An applicant may request in writing an explanation of a declination. The insurer shall provide a prompt written response to such inquiries. (2) Cancellations. (a) A notice of cancellation of insurance subject to KRS 304.20-300 to 304.20- 350…

After coverage has been in effect more than sixty (60) days or after the effective date of a renewal policy a notice of cancellation shall not be issued unless it is based on at least one (1) of the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material …

The declination or termination of a policy of insurance subject to KRS 304.20-300 to 304.20-350 by an insurer or agent is prohibited if the declination or termination is: (1) Based solely upon the race, religion, nationality, ethnic group, age, sex, or marital status of the appli…

If the commissioner determines that: (1) An insurer has violated KRS 304.20-320, 304.20-330 or 304.20-340, the commissioner may require the insurer to: (a) Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are avail…

automatic sprinkler system. Every property insurer, as defined in this chapter, authorized to do business in this state shall include a premium credit or discount provision in its rates filed with the commissioner for buildings equipped with an automatic sprinkler system. The amo…

The provisions of KRS 304.20-380 shall apply to all property insurer rate filings on and after June 21, 2001.

(1) Motor vehicle insurance companies shall give an appropriate discount, based on sound actuarial principles, on comprehensive coverage for insured motor vehicles with an antitheft device or mechanism. (2) If two (2) or more antitheft devices or mechanisms are attached to a moto…

All contracts of surety insurance covering subjects of insurance resident, located, or to be performed in this state are subject to the applicable provisions of this subtitle, Subtitle 14, and other applicable provisions of this code.

(1) Whenever an insurer has been granted a certificate of authority to transact surety insurance in this state, the commissioner shall on or before the first day of the next succeeding month send to the county clerk of each county in this state his or her certificate, over the se…

If a theretofore authorized surety insurer withdraws from this state or if its certificate of authority is terminated, the commissioner shall give notice thereof forthwith by mailing a certificate of such fact to the county clerk of each county in this state. Upon receipt of the …

(1) The commissioner is authorized to issue to any person applying therefor, a certificate showing that any surety insurer that has complied with the laws of this state, is qualified to do a surety business in this state, and stating the general terms of the risks authorized to b…

(1) Whenever a bond, undertaking, recognizance, guaranty or other obligation is required, permitted, authorized or allowed, or whenever the performance of any act, duty or obligation, or forbearance is required, permitted, authorized or allowed to be secured or guaranteed, such b…

The certificate of authority of a surety insurer, issued as provided under this code, shall be evidence of the authority of the insurer to become and to be accepted as sole surety on all private bonds and contracts, and on all bonds, undertakings, recognizances and obligations re…

Any court or officer whose duty it is to pass upon the account of any person required by law to give a bond may, whenever such person has given any such surety insurer as surety upon the bond, allow in the settlement of such account a reasonable sum for the expense of procuring s…

Any insurer which executes any surety contract as surety shall be estopped, in any proceeding to enforce the liability which it has assumed to incur, to deny its corporate power to execute such contract or assume such liability.