Scope -- General Definitions and Provisions

KRS tit. XXV, ch. 304, subtit. 1

in effect

KRS 304.1-010 Contents of chapter

304.1-010. Contents of chapter This chapter constitutes the Kentucky Insurance Code. This chapter consists of several subtitles. The General Assembly intends that each subtitle retain its separate identification within Chapter 304 of the Kentucky Revised Statutes. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 322, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 320, sec. 1, effective July 15, 1982. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 1, effective June 18, 1970.

KRS 304.1-020 "Person" defined

304.1-020. "Person" defined "Person" includes an individual, insurer, company, association, organization, Lloyd's insurer, society, reciprocal insurer or inter-insurance exchange, partnership, syndicate, business trust or corporation, and every other related legal entity. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 2, effective June 18, 1970.

KRS 304.1-030 "Insurance" defined

304.1-030. "Insurance" defined "Insurance" is a contract whereby one undertakes to pay or indemnify another as to loss from certain specified contingencies or perils called "risks," or to pay or grant a specified amount or determinable benefit or annuity in connection with ascertainable risk contingencies, or to act as surety. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 3, effective June 18, 1970.

KRS 304.1-040 "Insurer" defined

304.1-040. "Insurer" defined "Insurer" includes every person engaged as principal and as indemnitor, surety, or contractor in the business of entering into contracts of insurance. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 4, effective June 18, 1970.

KRS 304.1-050 "Commissioner" and "department" defined

304.1-050. "Commissioner" and "department" defined As used in this chapter, unless the context requires otherwise: (1) "Commissioner" means the commissioner of the Department of Insurance of this state; and (2) "Department" means the Department of Insurance of this state. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 45, sec. 1, effective July 15, 2026. -- Amended 2010 Ky. Acts ch. 24, sec. 908, effective July 15, 2010. -- Amended 1980 Ky. Acts ch. 187, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 131, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 5, effective June 18, 1970.

KRS 304.1-060 "State" defined

304.1-060. "State" defined When in context signifying other than this state, "state" means any state, district, territory, commonwealth or possession of the United States of America. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 6, effective June 18, 1970.

KRS 304.1-070 "Domestic," "foreign," and "alien" insurer defined

304.1-070. "Domestic," "foreign," and "alien" insurer defined (1) A "domestic" insurer is one formed under the laws of this state; (2) A "foreign" insurer is one formed under the laws of any state, other than this state; (3) An "alien" insurer is one formed under the laws of any country other than a state of the United States. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 7, effective June 18, 1970.

KRS 304.1-080 "Domicile" defined

304.1-080. "Domicile" defined The "domicile" of an insurer means: (1) As to Canadian insurers, the province in which the insurer's principal office is located. (2) As to other alien insurers authorized to transact insurance in one (1) or more states, as provided in KRS 304.3-270. (3) As to alien insurers not authorized to transact insurance in one (1) or more states, the country under the laws of which the insurer was formed. (4) As to all other insurers, the state under the laws of which the insurer was formed. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 8, effective June 18, 1970.

KRS 304.1-090 "Principal office" defined

304.1-090. "Principal office" defined "Principal office" means: (1) As to Canadian insurers, the office in Canada from which the general affairs of the insurer are directed or managed; (2) As to other alien insurers authorized to transact insurance in one (1) or more states, the office in the United States from which the general affairs of the insurer in the United States are directed or managed; (3) As to all other insurers the office from which the general affairs of the insurer are directed or managed. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 9, effective June 18, 1970.

KRS 304.1-100 "Authorized" and "unauthorized" insurer defined

304.1-100. "Authorized" and "unauthorized" insurer defined (1) An "authorized" insurer is one duly authorized by a subsisting certificate of authority issued by the commissioner to transact insurance in this state. (2) An "unauthorized" insurer is one not so authorized. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 909, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 10, effective June 18, 1970.

KRS 304.1-110 "Certificate of authority" and" license" defined

304.1-110. "Certificate of authority" and" license" defined As used in this chapter, unless the context requires otherwise: (1) "Certificate of authority" means a certificate issued by the commissioner evidencing the authority of an insurer to transact insurance in this state; and (2) "License" means a license or other authorization granted by the commissioner pursuant to this chapter that authorizes the licensee to engage in a business or operation of insurance in this state other than as an insurer. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 45, sec. 2, effective July 15, 2026. -- Amended 2010 Ky. Acts ch. 24, sec. 910, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 11, effective June 18, 1970.

KRS 304.1-120 Application of code to particular types of organizations. (Effective until January 1, 2027)

304.1-120. Application of code to particular types of organizations. (Effective until January 1, 2027) No provision of this code shall apply to: (1) Fraternal benefit societies (as identified in Subtitle 29), except as stated in Subtitle 29. (2) Nonprofit hospital, medical-surgical, dental, and health service corporations (as identified in Subtitle 32) except as stated in Subtitle 32. (3) Burial associations (as identified in KRS Chapter 303), except as stated in Subtitle 31. (4) Assessment or cooperative insurers (as identified in KRS Chapter 299), except as stated in KRS Chapter 299. (5) Insurance premium finance companies (as identified in Subtitle 30), except as stated in Subtitle 30. (6) Qualified organizations which issue charitable gift annuities within the Commonwealth of Kentucky. For the purposes of this subsection: (a) A "qualified organization" means one which is: 1. Exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a charitable organization, if it files a copy of federal form 990 with the Office of Consumer Protection in the Office of the Attorney General; or 2. Exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a religious organization; or 3. Exempt as a publicly owned or nonprofit, privately endowed educational institution approved or licensed by the State Board of Education, the Southern Association of Colleges and Schools, or an equivalent public authority of the jurisdiction where the institution is located; and (b) A "charitable gift annuity" means a giving plan or method by which a gift of cash or other property is made to a qualified organization in exchange for its agreement to pay an annuity. (7) A religious organization, as identified in this subsection, or its participants, that: (a) Is a nonprofit religious organization; (b) Is limited to participants who are members of the same denomination or religion; (c) Matches its participants who have financial, physical, or medical needs with participants who choose to assist with those needs; (d) 1. Includes the following notice for delivery to all participants, printed in not less than ten (10) point, bold-faced type on or accompanying all applications, guideline materials, or any similar documents: "NOTICE: UNDER KENTUCKY LAW, THE RELIGIOUS ORGANIZATION FACILITATING THE SHARING OF MEDICAL EXPENSES IS NOT AN INSURANCE COMPANY, AND ITS GUIDELINES, PLAN OF OPERATION, OR ANY OTHER DOCUMENT OF THE RELIGIOUS ORGANIZATION DO NOT CONSTITUTE OR CREATE AN INSURANCE POLICY. PARTICIPATION IN THE RELIGIOUS ORGANIZATION OR A SUBSCRIPTION TO ANY OF ITS DOCUMENTS SHALL NOT BE CONSIDERED INSURANCE. ANY ASSISTANCE YOU RECEIVE WITH YOUR MEDICAL BILLS WILL BE TOTALLY VOLUNTARY. NEITHER THE ORGANIZATION OR ANY PARTICIPANT SHALL BE COMPELLED BY LAW TO CONTRIBUTE TOWARD YOUR MEDICAL BILLS. WHETHER OR NOT YOU RECEIVE ANY PAYMENTS FOR MEDICAL EXPENSES, AND WHETHER OR NOT THIS ORGANIZATION CONTINUES TO OPERATE, YOU SHALL BE PERSONALLY RESPONSIBLE FOR THE PAYMENT OF YOUR MEDICAL BILLS." 2. A participant shall acknowledge receipt of the "Notice" by signing below the "Notice" on the application; (e) Suggests amounts to give that are voluntary among the participants, with no assumption of risk or promise to pay either among the participants or between the participants and the organization. (8) A public or private ambulance service licensed and regulated by the Cabinet for Health and Family Services to the extent that it solicits membership subscriptions, accepts membership applications, charges membership fees, and furnishes prepaid or discounted ambulance services to subscription members and designated members of their households. (9) A direct primary care agreement established under KRS 311.6201, 311.6202, 314.198, and 314.199. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 13, effective April 5, 2024. -- Amended 2017 Ky. Acts ch. 25, sec. 3, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 132, sec. 1, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 577, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 105, sec. 33, effective July 15, 2002. -- Amended 1994 Ky. Acts ch. 358, sec. 27, effective July 15, 1994; and ch. 449, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 199, sec. 1, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 200, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 209, sec. 4, effective July 25, 1982; and ch. 320, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 135, sec. 32, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 108, sec. 1, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 12, effective June 18, 1970. Legislative Research Commission Note (6/25/2013). The Reviser of Statutes has modified the subdivision of subsection (7) of this statute from the way it appeared in 2013 Ky. Acts ch. 132, sec. 1, under the authority of KRS 7.136(1)(a) and (c).

KRS 304.1-130 Particular provisions prevail

304.1-130. Particular provisions prevail Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 13, effective June 18, 1970.

KRS 304.1-140 Captions not to affect meaning

304.1-140. Captions not to affect meaning The scope and meaning of any provision of this code shall not be limited or otherwise affected by the caption or handling of any subtitle, section or provision. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 14, effective June 18, 1970.

KRS 304.1-150 "Subtitle" defined

304.1-150. "Subtitle" defined As used in this code and except as otherwise required by context, "subtitle" means a particular numbered subtitle of this code as indicated by context. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 15, effective June 18, 1970.

KRS 304.1-160 Existing license

304.1-160. Existing license Every license or certificate of authority in force on June 18, 1970, and existing under any act repealed by this chapter, is valid until its original expiration date unless earlier terminated by express order pursuant to this code. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 16, effective June 18, 1970.

KRS 304.1-170 Existing or filed insurance forms

304.1-170. Existing or filed insurance forms Every form of insurance document and every rate or other filing lawfully in use on or lawfully filed by June 18, 1970, may continue to be so used or be effective, until the commissioner otherwise prescribes pursuant to this code; except that neither this code nor the commissioner shall prohibit the use of any such document before expiration of one (1) year from and after June 18, 1970. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 911, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 17, effective June 18, 1970.

KRS 304.1-180 Existing actions and violations

304.1-180. Existing actions and violations No action taken by the commissioner nor proceeding commenced, nor right accrued, nor violation of law existing under any act repealed by this chapter, is affected by the repeal, but all procedure hereafter taken in reference thereto shall conform to this code as far as possible. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 912, effective July 15, 2010. -- Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 18, effective June 18, 1970.

KRS 304.1-190 No civil liability for furnishing information to law enforcement authorities concerning designated matters

304.1-190. No civil liability for furnishing information to law enforcement authorities concerning designated matters In the absence of fraud or bad faith, no person shall be subject to civil liability for defamation or any other relevant tort, and no civil cause of action of any nature shall arise against such person, for information given to law enforcement authorities concerning: (1) False statements as a part of the application for the issuance of a commercial insurance policy; (2) False statements in support of the rating of a commercial insurance policy; and (3) False claims submitted to insurers, nonprofit hospital, medical-surgical, dental and health service corporations, health maintenance organizations, or prepaid dental plan organizations. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 308, sec. 17, effective July 15, 1986.

KRS 304.1-200 Definitions for section -- Applicability of cost-sharing requirements to health savings account-qualified insurance plans

304.1-200. Definitions for section -- Applicability of cost-sharing requirements to health savings account-qualified insurance plans (1) As used in this section: (a) "Cost-sharing requirement" means a: 1. Prohibition outright on the imposition of any deductible, copayment, coinsurance, or other out-of-pocket expense, other than premiums, under a health insurance policy, certificate, plan, or contract; or 2. Limitation on the amount of any deductible, copayment, coinsurance, or other out-of-pocket expense, other than premiums, that is imposed under a health insurance policy, certificate, plan, or contract; (b) "Enrollee": 1. Means an individual who is enrolled in health insurance, whether on an individual or a group basis; and 2. Includes any covered dependent of an individual referenced in subparagraph 1. of this paragraph; and (c) "Health savings account-qualified insurance plan" means a high deductible health plan that covers individuals who may be entitled to receive certain tax benefits under 26 U.S.C. sec. 223, as amended, with respect to contributions made to a health savings account. (2) If, under federal law, the application of any cost -sharing requirement in this chapter or any other state law would cause an enrollee's health savings account -qualified insurance plan to no longer qualify as a high deductible health plan under 26 U.S.C. sec. 223, as amended, then the cost-sharing requirement shall only apply to the enrollee's plan once the minimum deductible under 26 U.S.C. sec. 223, as amended, has been satisfied. (3) In the event of a conflict between this section and any other state law, this section shall control. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 27, sec. 1, effective July 15, 2026. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 27, sec. 3, provides that this statute applies to policies, certificates, plans, and contracts issued or renewed on or after July 15, 2026. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 27, sec. 4, provides that "the purpose of Section 1 of this Act [this statute] is to protect the efficacy of Health Savings Account-qualified insurance plans in this state by establishing a safe harbor from state benefit mandates that would result in a health insurance policy, certificate, plan, or contract losing its health savings account- qualified status under federal law."

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38685Fetched: 10/20/2026