Kentucky Statutes 304.12-211 – Domestic violence and abuse as reason for insurer’s limitation or denial of coverage
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(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 not cooperate in or contribute to the creation of the loss;
(d) “Insurer” means an insurer licensed to write property or casualty insurance in
Kentucky; and
(e) “Property insurance” has the meaning set forth in KRS § 304.5-050.
(2) (a) No insurer shall use the fact that an applicant or insured incurred bodily injury as a result of domestic violence and abuse committed against him or her as the sole reason for rating or underwriting decisions, refusing to insure, refusing to continue to insure, or limiting the amount, extent, or kind of coverage available to an applicant or insured.
(b) If a property or casualty insurance policy excludes property coverage for intentional acts, the insurer shall not deny payment to an innocent co-insured if the loss arose out of a pattern of domestic violence and abuse and the perpetrator of the loss is criminally prosecuted for the act causing the loss. Payment to the innocent co-insured may be limited to his or her ownership interests in the property as reduced by any payments to a mortgage or other secured interest.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 17, sec. 1, effective July 14, 2000.
(a) “Casualty insurance” has the meaning set forth in KRS § 304.5-070;
Terms Used In Kentucky Statutes 304.12-211
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(b) “Domestic violence and abuse” has the meaning set forth in KRS § 403.720;
(c) “Innocent co-insured” means an individual who did not cooperate in or contribute to the creation of the loss;
(d) “Insurer” means an insurer licensed to write property or casualty insurance in
Kentucky; and
(e) “Property insurance” has the meaning set forth in KRS § 304.5-050.
(2) (a) No insurer shall use the fact that an applicant or insured incurred bodily injury as a result of domestic violence and abuse committed against him or her as the sole reason for rating or underwriting decisions, refusing to insure, refusing to continue to insure, or limiting the amount, extent, or kind of coverage available to an applicant or insured.
(b) If a property or casualty insurance policy excludes property coverage for intentional acts, the insurer shall not deny payment to an innocent co-insured if the loss arose out of a pattern of domestic violence and abuse and the perpetrator of the loss is criminally prosecuted for the act causing the loss. Payment to the innocent co-insured may be limited to his or her ownership interests in the property as reduced by any payments to a mortgage or other secured interest.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 17, sec. 1, effective July 14, 2000.