KRS 304.17-230: Insurance with other insurers -- Other benefits -- "Other valid

coverage."

(1) There may be a provision as follows:

"Insurance with Other Insurers: If there be other valid coverage, not with this

insurer, providing benefits for the same loss on other than an expense incurred basis

and of which this insurer has not been given written notice prior to the occurrence

or commencement of loss, the only liability for such benefits under this policy shall

be for such proportion of the indemnities otherwise provided hereunder for such

loss as the like indemnities of which the insurer had notice (including the

indemnities under this policy) bear to the total amount of all like indemnities for

such loss, and for the return of such portion of the premium paid a s shall exceed the

pro rata portion for the indemnities thus determined."

(2) If the policy provision set out in subsection (1) of this section is included in a policy

which also contains the policy provision set out in subsection (1) of KRS 304.17 -

220, there shall be added to the caption of the foregoing provisions the phrase "...

Other Benefits."

(3) The insurer may, at its option, include in the provision set out in subsection (1) of

this section, a definition of "other valid coverage" approved as to for m by the

commissioner, which definition shall be limited in subject matter to coverage

provided by organizations subject to regulation by insurance laws or by insurance

authorities of this or any other state of the United States or any province of Canada,

and to any other coverage the inclusion of which may be approved by the

commissioner. In the absence of such definition such term shall not include group

insurance, or benefits provided by union welfare plans or by employer or employee

benefit organization s. For the purpose of applying the foregoing policy provision

with respect to any insured, any amount of benefit provided for such insured

pursuant to any compulsory benefit statute, including any workers' compensation or

employer's liability statute, whet her provided by a governmental agency or

otherwise, shall in all cases be deemed to be "other valid coverage" of which the

insurer has had notice. In applying such policy provision no third -party liability

coverage shall be included as "other valid coverage."