KRS 304.36-030: Scope of subtitle.

(1) As used in this section, "ocean marine insurance" includes:

(a) Any form of insurance, regardless of name, label, or marketing designation of

the insurance policy, that insures against maritime perils or risks and other

related perils or risks that are usu ally insured against by traditional marine

insurance, such as hull and machinery, marine builders risk, and marine

protection and indemnity. These perils and risks insured against include

without limitation loss, damage, or expense or legal liability of th e insured for

loss, damage, or expense arising out of or incident to ownership, operation,

chartering, maintenance, use, repair, or construction of any vessel, craft, or

instrumentality in use in ocean or inland waterways, including liability of the

insured for personal injury, illness, or death or for loss or damage to the

property of the insured or another person; and

(b) That coverage written in accordance with the following:

1. The Jones Act, 46 U.S.C. sec. 30104;

2. The Longshore and Harbor Workers' Co mpensation Act, 33 U.S.C. sec.

901 et seq.; and

3. Any other similar federal statutory enactment or endorsement or policy

affording protection and indemnity coverage.

(2) This subtitle shall apply to all kinds of direct insurance, except:

(a) Life, annuity, or health, including disability and paid family leave;

(b) Mortgage guaranty, financial guaranty, or other forms of insurance offering

protection against investment risks;

(c) Credit insurance, vendors' single interest insurance, or collateral protection

insurance or any similar insurance protecting the interests of a creditor arising

out of a creditor-debtor transaction;

(d) Insurance of warranties or service contracts, including insurance that provides

for the repair, replacement, or service of goods or property, indemnification

for repair, replacement, or servic e for the operational or structural failure of

the goods or property due to a defect in materials, workmanship, or normal

wear and tear, or reimbursement for the liability incurred by the issuer of

agreements or service contracts that provide these benefits;

(e) Title insurance;

(f) Ocean marine insurance;

(g) Any transaction or combination of transactions between a person, including

affiliates of the person, and an insurer, including affiliates of the insurer, that

involves the transfer of investment or credit risk and that is unaccompanied by

transfer of insurance risk; or

(h) Any insurance provided, written, reinsured, or guaranteed by any government

or governmental agencies.

(3) Notwithstanding subsection (2) of this section, this subtitle shall apply to health

insurance written by an insolvent insurer if the insurer was not a member of the

Kentucky Life and Health Insurance Guaranty Association created under KRS

304.42-060 or a successor association on the date of the order of liquidation.