Excluded Operators in Insurance Policies - K.R.S. § 304.39–045

An insurer and its named insured may agree to exclude certain drivers from coverage as an operator of the insured vehicle. The names of the excluded persons must be set forth in the policy or in an endorsement signed by all parties.

Duty to Provide Primary No-Fault Coverage - K.R.S. § 304.39–050

The duty to provide primary no-fault coverage falls on the insurer of the vehicle occupied by the claimant at the time of the accident.

Bodily injury liability limits of $25,000 per person, $50,000 per occurrence and $10,000 for damage or destruction of property per accident. Alternatively, a policy can provide a single limit liability coverage of $60,000 for all damages.

Claimant’s Right to Allocate PIP Payments - K.R.S. § 304.39–241

A no-fault claimant has the right to direct how those payments are to be allocated. In other words, they can determine what portion of the available funds may be used to compensate them for lost wages as compared to medical expenses. A savvy claimant can use this provision in conjunction with health insurance coverage to maximize their recovery.

Independent Medical Examinations on No-Fault Claims - K.R.S. § 304.39–270

An insurer has a right to request an independent medical examination of a no-fault claimant.

Claimant’s Duty to Disclose Information - K.R.S. § 304.39–280

A claimant has a duty to provide the no-fault insurer with complete medical documentation of the claim. The claimant also has a duty to give authorization to the insurer to inspect and copy relevant medical records.

Apportionment of Fault - K.R.S. § 411.82

In cases involving more than one wrongdoer, including third-party defendants or parties who have already been released from the case, the degree of fault of the remaining defendants are to be considered proportionally with that of the other parties.

Duty to Trespassers - K.R.S. § 381.232

The owner of real estate is not ordinarily liable to injured trespassers unless the injuries were intentionally caused by the owner or someone acting on their behalf.

Good Samaritan Act - K.R.S. § 411.148

Any physician, nurse, or other medical professional who provides emergency medical treatment shall not be held liable in a civil action for damages unless it can be shown they engaged in willful and wanton misconduct.

Special Investigative Units - K.R.S. § 304.47-080

Every insurer licensed to transact business in Kentucky must have a special investigative unit to investigate possible insurance fraud. This unit can be comprised either of employees of the insurer or by others specifically contracted by the insurer for this purpose.

Absent a finding of malice, fraud, or gross negligence, a person will not be subject to civil liability for making a report or providing information regarding a suspected claim of insurance fraud.

Liability of Servers and Sellers of Alcohol - K.R.S. § 413.241

One who serves or sells alcoholic beverages is liable to those who suffer injuries off of the premises only if it can be shown at the time of serving or sale a reasonable person under similar circumstances should have known the person served or sold to was intoxicated.