Kentucky Statutes 304.47-010 – Definitions for subtitle
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As used in Subtitle 47 of this chapter, unless the context requires otherwise:
(1) “Insurer” means any person, entity, organization, or reinsurer, including fraternal benefit societies as defined in Subtitle 29 of this chapter, nonprofit hospital, medical-surgical, dental, and health service corporation as defined in Subtitle 32 of this chapter, health maintenance organization as defined in Subtitle 38 of this chapter, prepaid dental plan organization as defined in Subtitle 43 of this chapter, or unauthorized insurer as defined in Subtitle 11 of this chapter, subject to regulation by or registration with the Department of Insurance under this chapter, and any “carrier,” “self-insurer,” or “insurance carrier” as defined by KRS Chapter 342;
(2) “Insurance policy” or “policy” means any individual or group policy, including those defined by KRS Chapter 342, certificate, or contract of an insurer as defined in subsection (1) of this section including reinsurance affecting the rights of any Kentucky resident or bearing a reasonable relation to Kentucky regardless of whether delivered or issued for delivery in Kentucky;
(3) “Insured” means any person who is a named insured or beneficiary under a policy as defined in subsection (2) of this section or a person who is not a named insured or beneficiary under a policy due to the fraudulent action of another, but who in good faith believes himself or herself to be an insured or beneficiary;
(4) “Law enforcement agency” means any federal, state, county, or consolidated police or law enforcement department and any prosecuting official of the federal, state, county, local, or consolidated government;
(5) “Statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or physician record or report, X-ray, test result, or other evidence of loss, injury, or expense. A statement may be in any form, including oral, written, and electronic transmissions;
(6) “Division” means the Division of Insurance Fraud Investigation of the Kentucky
Department of Insurance, its employees, or authorized representatives; and
(7) “Criminal syndicate” means five (5) or more persons collaborating to promote or engage in any fraudulent insurance act, as set forth in KRS § 304.47-020(1), on a continuing basis.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1581, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 253, sec. 3, effective July 14, 2000. — Amended 1998
Ky. Acts ch. 213, sec. 6, effective July 15, 1998. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 86, effective December 12, 1996. — Created 1994 Ky. Acts ch.
496, sec. 17, effective July 15, 1994.
(1) “Insurer” means any person, entity, organization, or reinsurer, including fraternal benefit societies as defined in Subtitle 29 of this chapter, nonprofit hospital, medical-surgical, dental, and health service corporation as defined in Subtitle 32 of this chapter, health maintenance organization as defined in Subtitle 38 of this chapter, prepaid dental plan organization as defined in Subtitle 43 of this chapter, or unauthorized insurer as defined in Subtitle 11 of this chapter, subject to regulation by or registration with the Department of Insurance under this chapter, and any “carrier,” “self-insurer,” or “insurance carrier” as defined by KRS Chapter 342;
Terms Used In Kentucky Statutes 304.47-010
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) “Insurance policy” or “policy” means any individual or group policy, including those defined by KRS Chapter 342, certificate, or contract of an insurer as defined in subsection (1) of this section including reinsurance affecting the rights of any Kentucky resident or bearing a reasonable relation to Kentucky regardless of whether delivered or issued for delivery in Kentucky;
(3) “Insured” means any person who is a named insured or beneficiary under a policy as defined in subsection (2) of this section or a person who is not a named insured or beneficiary under a policy due to the fraudulent action of another, but who in good faith believes himself or herself to be an insured or beneficiary;
(4) “Law enforcement agency” means any federal, state, county, or consolidated police or law enforcement department and any prosecuting official of the federal, state, county, local, or consolidated government;
(5) “Statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or physician record or report, X-ray, test result, or other evidence of loss, injury, or expense. A statement may be in any form, including oral, written, and electronic transmissions;
(6) “Division” means the Division of Insurance Fraud Investigation of the Kentucky
Department of Insurance, its employees, or authorized representatives; and
(7) “Criminal syndicate” means five (5) or more persons collaborating to promote or engage in any fraudulent insurance act, as set forth in KRS § 304.47-020(1), on a continuing basis.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1581, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 253, sec. 3, effective July 14, 2000. — Amended 1998
Ky. Acts ch. 213, sec. 6, effective July 15, 1998. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 86, effective December 12, 1996. — Created 1994 Ky. Acts ch.
496, sec. 17, effective July 15, 1994.