§ 304.9-010 Application of subtitle
§ 304.9-020 Definitions for subtitle
§ 304.9-030 Available insurance agent licenses
§ 304.9-035 Insurer liable for acts of its agents
§ 304.9-040 “Consultant” defined
§ 304.9-051 Definitions for KRS 304.9-052 and 304.9-371 to 304.9-377
§ 304.9-052 Administrator — License requirements — Service of process
§ 304.9-053 Licensure of pharmacy benefit managers
§ 304.9-054 Pharmacy benefit manager license application review and license issuance — Disciplinary actions concerning license — Administrative regulations — Fees
§ 304.9-055 Pharmacy benefit managers subject to specified subtitles of KRS Chapter 304
§ 304.9-080 Licensure requirements — Forms
§ 304.9-085 Managing general agent — License — Duties
§ 304.9-090 Exceptions to licensure requirements
§ 304.9-100 Purpose of license — “Controlled business” — Exceptions
§ 304.9-105 General qualifications for agent license
§ 304.9-107 Persons exempt from provisions of KRS 304.9-105(1)(e)1. and 2. — Administrative regulations
§ 304.9-120 Licensure of residents as agents — Exception to residency requirement
§ 304.9-130 Licensing of business entities as agents
§ 304.9-133 Individuals designated to act under business entity license — Filing of designation notice — Exercise of license — Responsibility of insurer for acts of designated individuals
§ 304.9-135 Requirements for financial institutions engaging in insurance agency activities — Administrative regulations — Activities of officers or employees of financial institution
§ 304.9-140 Licensure of nonresidents as agents
§ 304.9-150 Application for license issued under this subtitle, surplus lines broker license, life settlement broker license, or life settlement provider license
§ 304.9-160 Examination for license — Application for examination
§ 304.9-170 Exemptions from prelicensing education or examination
§ 304.9-180 Scope of examination — Reference material
§ 304.9-190 Conduct of examinations
§ 304.9-200 Contents of license — Change of address — Refundability of fees
§ 304.9-210 Specific contents of agent’s and consultant’s licenses
§ 304.9-230 Limited line licenses — Prelicensing requirements
§ 304.9-240 Insurance vending machines
§ 304.9-250 Authority under license — Assignability
§ 304.9-260 Continuation and expiration of license — Receipt of renewal fees — Continuing education documentation
§ 304.9-270 Appointment of agents — Criminal background check — Continuation — Permitted and prohibited actions by agents and insurers
§ 304.9-280 Termination of licensee’s appointment — Notice requirements — Civil immunity — Confidential and privileged information — Commissioner’s use of information
§ 304.9-290 Rights of agent following termination of appointment
§ 304.9-295 Biennial continuing education requirements for licensed agents and independent and public adjusters — Exceptions — Courses — Number of hours — Failure to complete — Penalty
§ 304.9-320 Qualifications for license as consultant — Coverage of consultant license
§ 304.9-330 Consultant to file proof of liability insurance — Consultant’s deposit of cash or bond
§ 304.9-350 Compensation of agent operating under a disclosure agreement — Requirements
§ 304.9-360 Obligation to serve interest of client
§ 304.9-370 Service of process against nonresident licensee under this subtitle or surplus lines broker
§ 304.9-371 Written agreement of administrator
§ 304.9-372 Payments to administrator
§ 304.9-373 Books and records maintained by administrator — Access by commissioner
§ 304.9-374 Administrator’s use of advertising
§ 304.9-375 Fiduciary accounts
§ 304.9-376 Claims paid on behalf of insurer — Compensation of administrator
§ 304.9-377 Written notice to insureds when administrator’s services utilized
§ 304.9-390 Place of agent’s business — Display of licenses — Records
§ 304.9-400 Reporting and accounting for premiums
§ 304.9-410 Exchange of business — Excess or rejected risks — Regulation of volume of business by commissioner
§ 304.9-421 Sharing of commissions
§ 304.9-425 Payment or acceptance of commission, brokerage, or other valuable consideration — Exception
§ 304.9-430 Independent, staff, or public adjuster’s license — Application by individual or business entity — Qualifications — Evidence of financial responsibility — Exceptions to license requirement — Temporary emergency registration following catastrophe
§ 304.9-432 Apprentice adjuster — License — Rights and limitations — Application — Qualifications — Terms and conditions
§ 304.9-433 Contract between public adjuster and insured — Requirements — Contents — Duties of public adjuster
§ 304.9-4331 Insured’s rights — Written notice requirement — Duties of public adjuster
§ 304.9-4332 Requirements for funds received or held by public adjuster
§ 304.9-4333 Fees and commissions for public adjuster
§ 304.9-435 Records to be maintained by public adjusters
§ 304.9-436 Authorized insurer prohibited from doing business in Kentucky with unlicensed adjuster or administrator
§ 304.9-440 Probation, suspension, revocation, and refusal of license — Grounds — Penalty
§ 304.9-450 Procedure following suspension, revocation, nonrenewal, or denial of license
§ 304.9-465 Denial or suspension of license or appointment — Conditional license — Hearing
§ 304.9-467 Notification of surrender or termination of license — Report of administrative action — Notification of service of complaint or indictment — Documentation of resolution
§ 304.9-470 Prohibited practices in replacement or repair of automobile glass — Penalties
§ 304.9-495 Definitions for KRS 304.9-495 to 304.9-497
§ 304.9-496 Operator of self-service storage facility may offer and sell insurance on behalf of a limited lines self-service storage space insurance producer — Conditions — Producer is responsible for operator’s acts
§ 304.9-497 Required written consumer protection disclosures relating to self-service storage space insurance
§ 304.9-505 License for business entity to act as rental vehicle agent — Registration fee and licensed managing employee for each business location — Application and qualifications for license
§ 304.9-507 Conditions under which license authorizes employee or representative to transact business — Licensee may not hold self out as insurance agent without applicable license
§ 304.9-509 Consumer protection disclosures to be included with rental vehicle agreement
§ 304.9-511 Rental vehicle agent may not handle insurance that is not sold in conjunction with rental vehicle transaction
§ 304.9-700 Definitions for KRS 304.9-700 to 304.9-759
§ 304.9-705 Reinsurance intermediary license required — Exemption
§ 304.9-710 Written authorization between reinsurance intermediary broker and an insurer
§ 304.9-715 Records of transactions of reinsurance intermediary brokers
§ 304.9-720 Insurers required to engage services of only licensed reinsurance intermediary brokers
§ 304.9-725 Minimum contract provisions
§ 304.9-730 Certain actions by reinsurance intermediary managers prohibited
§ 304.9-735 Reinsurers required to engage services of only licensed reinsurance managers
§ 304.9-740 Examination of reinsurance intermediaries
§ 304.9-745 Suspension or revocation of license — Imposition of penalties
§ 304.9-750 Administrative regulations
§ 304.9-759 Short title for KRS 304.9-700 to 304.9-759
§ 304.9-780 Portable electronics insurance retailer license — Duties of supervising entity — Qualifications and application for license — Penalties
§ 304.9-782 Conditions under which license authorizes employee or representative to sell portable electronics insurance — Restrictions on licensees
§ 304.9-784 Duty to disclose information regarding portable electronics insurance coverage — Standards — Billing and collection of charges — Notice and correspondence
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Terms Used In Kentucky Statutes > Chapter 304 > Subtitle 9 - Agents, Consultants, Solicitors and Adjusters

  • Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See Kentucky Statutes 35.010
  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agent: includes managing general agent unless the context requires otherwise. See Kentucky Statutes 304.9-085
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appointment: means a notification filed with the insurance department that an insurer has established an agency relationship with a producer. See Kentucky Statutes 304.9-020
  • Appointment renewal: means continuation of an insurer's existing appointment based on payment of the required fee without submission of an appointment form. See Kentucky Statutes 304.9-020
  • Apprentice adjuster: means an individual who meets the qualification requirements to hold a license as an independent, staff, or public adjuster, except for the experience, education, and training requirements. See Kentucky Statutes 304.9-020
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • 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
  • Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
  • Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, employer group, professional employer organization, or other legal entity. See Kentucky Statutes 304.9-020
  • Catastrophe: means an event that results in a declaration of emergency by the
    Governor pursuant to KRS §. See Kentucky Statutes 304.9-020
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • Classified information: means :
    (a) Any information or material that has been determined by an official of the United States or any state pursuant to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security. See Kentucky Statutes 35.010
  • Code: means this chapter. See Kentucky Statutes 35.010
  • Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under KRS §. See Kentucky Statutes 35.010
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Crop insurance: means insurance providing protection against damage to crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation, disease, or other yield-reducing conditions or perils provided by the private insurance market or that is subsidized by the Federal Crop Insurance Corporation, including multi-peril crop insurance. See Kentucky Statutes 304.9-020
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means :
    (a) For the purpose of pay, one (1) day equals one (1) unit training assembly. See Kentucky Statutes 35.010
  • Defense attorney: Represent defendants in criminal matters.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Enlisted member: means a person in an enlisted grade. See Kentucky Statutes 35.010
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fiduciary: A trustee, executor, or administrator.
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Independent adjuster: means a person who:
    (a) Is an independent contractor, an employee of an independent contractor, or for tax purposes is treated as an independent contractor under Subtitle C of the Internal Revenue Code, 26 U. See Kentucky Statutes 304.9-020
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Insurance producer: includes agent, managing general agent, surplus lines broker, reinsurance intermediary broker and manager, rental vehicle agent and rental vehicle agent managing employee, and consultant. See Kentucky Statutes 304.9-020
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
    (a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance. See Kentucky Statutes 304.9-020
  • managing general agent: is a n individual or business entity appointed by an insurer to solicit applications from agents for insurance contracts or to negotiate insurance contracts on behalf of an insurer and, if authorized to do so by an insurer, to effectuate and countersign insurance contracts. See Kentucky Statutes 304.9-085
  • Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
  • Military court: means a court-martial or a court of inquiry. See Kentucky Statutes 35.010
  • Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
  • Military offenses: means those offenses prescribed under KRS §. See Kentucky Statutes 35.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
  • Officer in charge: means a member of the naval militia, the Navy, the Marine
    Corps, or the Coast Guard designated as such by appropriate authority. See Kentucky Statutes 35.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Pharmacy benefit manager: means an entity that, on behalf of a health benefit plan, state agency, insurer, managed care organization providing services under KRS Chapter 205, or other third-party payor:
    (a) Contracts directly or indirectly with pharmacies to provide prescription drugs to individuals. See Kentucky Statutes 304.9-020
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Portable electronics: means electronic devices that are portable and the accessories and services related to the use of the device. See Kentucky Statutes 304.9-020
  • Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics for any one (1) or more of the following:
    1. See Kentucky Statutes 304.9-020
  • Portable electronics insurance supervising entity: means a business entity that is a licensed insurer or insurance agent that is appointed by an insurer to supervise the administration of a portable electronics insurance program. See Kentucky Statutes 304.9-020
  • Portable electronics retailer: means a licensed business entity that offers and sells portable electronic devices and offers and disseminates portable electronics insurance on behalf and under the direction of a portable electronics insurance supervising entity. See Kentucky Statutes 304.9-020
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public adjuster: means any person who, for compensation or anything of value:
    (a) Acts on behalf of an insured or aids an insured, solely in relation to first-party claims arising under insurance contracts that insure the real or personal property of the insured, in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract. See Kentucky Statutes 304.9-020
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: when used in connection with the proceedings of a court-martial, means: (a) An official written transcript, written summary, or other writing relating to the
    proceedings. See Kentucky Statutes 35.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rental vehicle agent: means a business entity with a rental vehicle agent managing employee that is licensed to sell, solicit, or negotiate insurance offered, sold, or solicited in connection with, and incidental to, the rental of rental vehicles, whether at the rental office or by preselection of coverage in master, corporate, or group agreements that:
    (a) Are nontransferable. See Kentucky Statutes 304.9-020
  • Rental vehicle agent managing employee: means an individual who:
    (a) Is a salaried full-time employee of a licensed rental vehicle agent business entity that holds a license under KRS §. See Kentucky Statutes 304.9-020
  • Rental vehicle insurance: means insurance underwritten by an insurer authorized to transact business in Kentucky that is sold in connection with, and incidental to, a rental vehicle agreement. See Kentucky Statutes 304.9-020
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Kentucky Statutes 35.010
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Staff adjuster: means an individual who is an employee of an insurer who investigates, negotiates, or settles property, casualty, or workers' compensation claims on behalf of his or her employer. 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
  • State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surety: means insurance or bond that covers obligation to pay the debts of, or answer for the default of another, including faithlessness in a position of public or private trust. See Kentucky Statutes 304.9-020
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform business entity application: means the current version of the uniform business entity application for resident and nonresident business entities. See Kentucky Statutes 304.9-020
  • Verdict: The decision of a petit jury or a judge.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Year: means calendar year. See Kentucky Statutes 446.010