Kentucky Statutes 304.9-120 – Licensure of residents as agents — Exception to residency requirement
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(1) Each applicant for license as a resident licensee shall be qualified to designate and shall designate Kentucky as the applicant’s home state at the date of application for the license and shall maintain that eligibility throughout the duration of the license.
(2) Except as provided in subsection (3) of this section, in determining the good faith of an applicant’s claim that Kentucky is the applicant’s principal place of residence, the commissioner may give due consideration to the following:
(a) The amount of time actually spent by the applicant within this state during the claimed residence period;
(b) The circumstances of the applicant’s residence, that is, whether in a single or multiple family-type dwelling, or leased apartment, or permanent residential type; or in hotel, resort, motel, mobile home, or other temporary or transient type of dwelling or accommodation;
(c) The circumstances of the applicant, his or her past history and activities, and the probability that he or she will continue as a resident of this state indefinitely into the future if the license were to be issued; and
(d) All other pertinent factors.
(3) (a) An applicant for a license under KRS § 304.9-230(1)(b) shall be qualified to designate Kentucky as the applicant’s home state for the purpose of obtaining that license if:
1. The applicant has a home state that does not issue a license to sell, solicit, and negotiate travel insurance; and
2. The applicant has otherwise met the requirements for the license in accordance with this subtitle.
(b) For purposes of this subsection:
1. The commissioner shall offer the applicant an opportunity to complete any prelicensing courses of instruction and examination required under KRS § 304.9-230(2) online; and
2. The applicant shall not hold resident licenses for two (2) or more states.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 166, sec. 2, effective June 27, 2019. — Amended
2010 Ky. Acts ch. 24, sec. 1049, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 393, sec. 9, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 103, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 319, sec. 3, effective July 15,
1982. — Created 1970 Ky. Acts ch. 301, subtit. 9, sec. 12, effective June 18, 1970.
(2) Except as provided in subsection (3) of this section, in determining the good faith of an applicant’s claim that Kentucky is the applicant’s principal place of residence, the commissioner may give due consideration to the following:
Terms Used In Kentucky Statutes 304.9-120
- Home state: means the District of Columbia and any state or territory of the United States in which a licensee maintains his or her principal place of residence or principal place of business and is licensed by that state. See Kentucky Statutes 304.9-020
- Negotiate: means the act of conferring directly with, or offering advice directly to, a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See Kentucky Statutes 304.9-020
- Sell: means to exchange a contract of insurance by any means, for money or other valuable consideration, on behalf of an insurer. See Kentucky Statutes 304.9-020
- Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular insurer. See Kentucky Statutes 304.9-020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) The amount of time actually spent by the applicant within this state during the claimed residence period;
(b) The circumstances of the applicant’s residence, that is, whether in a single or multiple family-type dwelling, or leased apartment, or permanent residential type; or in hotel, resort, motel, mobile home, or other temporary or transient type of dwelling or accommodation;
(c) The circumstances of the applicant, his or her past history and activities, and the probability that he or she will continue as a resident of this state indefinitely into the future if the license were to be issued; and
(d) All other pertinent factors.
(3) (a) An applicant for a license under KRS § 304.9-230(1)(b) shall be qualified to designate Kentucky as the applicant’s home state for the purpose of obtaining that license if:
1. The applicant has a home state that does not issue a license to sell, solicit, and negotiate travel insurance; and
2. The applicant has otherwise met the requirements for the license in accordance with this subtitle.
(b) For purposes of this subsection:
1. The commissioner shall offer the applicant an opportunity to complete any prelicensing courses of instruction and examination required under KRS § 304.9-230(2) online; and
2. The applicant shall not hold resident licenses for two (2) or more states.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 166, sec. 2, effective June 27, 2019. — Amended
2010 Ky. Acts ch. 24, sec. 1049, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 393, sec. 9, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 103, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 319, sec. 3, effective July 15,
1982. — Created 1970 Ky. Acts ch. 301, subtit. 9, sec. 12, effective June 18, 1970.