KRS 304.12-211: Domestic violence and abuse as reason for insurer's limitation or denial

of coverage.

(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 fo r

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 innocen t 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.