KRS 304.5-080: "Inland marine insurance," "wet marine and transportation insurance,"
Where this section sits in the code
and "marine protection and indemnity insurance" defined.
(1) As used in this chapter, "inland marine insurance" means marine and transportation
insurance that may cover or include:
(a) 1. Imports, wherever the property may be and without restriction as to
time, if the coverage includes hazards of transportation.
2. An import, as a proper subject of marine and transportation insurance,
shall be deemed to:
a. Maintain its character if the property:
i. Remains segregated in such a way that it can be identified;
and
ii. Has not become incorporated and mixed with the general
mass of property in the United States; and
b. Have been completed when the property has been:
i. Sold and delivered by the importer, factor, or consignee;
ii. Removed from place of storage and placed on sale as part of
an importer's stock in trade at a point of sale or distribution;
or
iii. Delivered for manufacture, processing, or change in form to
premises of the importer or of another used for any such
purposes;
(b) 1. Exports, wherever the property may be and without restriction as to
time, if the coverage includes hazards of transportation.
2. An export, as a proper subject of marine and transpor tation insurance,
shall be deemed to acquire its character as such when designated or
while being prepared for export and retain that character unless diverted
for domestic trade, and when so diverted, the provisions of paragraph (c)
of this subsection shall apply.
3. This paragraph shall not apply to long -established methods of insuring
certain commodities;
(c) 1. Domestic shipments on consignment, for sale or distribution, exhibit,
trial, approval, or auction, while in transit, while in the custody of
others, and while being returned, except in no event shall the insurance
cover on premises owned, leased, or operated by the consignor; and
2. Domestic shipments not on consignment, if the coverage includes
hazards of transportation, beginning and ending with in the United
States, but the shipments shall not be covered:
a. At the manufacturing premises; or
b. After arrival at premises owned, leased, or operated by an insured
or purchaser;
(d) Bridges, tunnels, and other instrumentalities of transportation and
communication, which:
1. Include:
a. Bridges, tunnels, and other similar instrumentalities, including
auxiliary facilities and equipment attendant thereto;
b. Piers, wharves, docks, slips, dry docks, and marine railways;
c. Pipelines, including on -line prop ulsion, regulating, and other
equipment appurtenant to the pipelines, but excluding all property
at the manufacturing, producing, refining, converting, treating, or
conditioning plant;
d. Power transmission, telephone, and telegraph lines, but excluding
all property at generating, converting, or transforming stations,
substations, or exchanges;
e. Radio and television communication equipment in use, as such,
including towers, antennae with auxiliary equipment, and
appurtenant electrical operating and control apparatus; and
f. Outdoor cranes, loading bridges, and similar equipment used to
load, unload, or transport; and
2. Exclude buildings, improvements and betterments to buildings, furniture
and furnishings, fixed contents, and supplies held in storage;
(e) Personal property floater risks covering an individual, or generally, including:
1. Personal effects floaters;
2. Personal property floaters;
3. Government service floaters;
4. Personal fur floaters;
5. Personal jewelry floaters;
6. Wedding present floaters that do not exceed ninety (90) days after the
date of the ceremony;
7. Silverware floaters;
8. Fine art floaters that cover paintings, etchings, pictures, tapestries, art
glass windows, and other bona fide works of art that are of rarity,
historical value, or artistic merit;
9. Stamp and coin floaters;
10. a. Musical instrument floaters.
b. As used in this subparagraph, "musical instrument" does not
include radios, televisions, record players, or a combination
thereof;
11. Mobile article, machinery, and equipment floaters that:
a. Cover identified property of a mobile or floating nature pertaining
to or usual to a household; and
b. Exclude:
i. Motor vehicles designed for highway use;
ii. Auto homes, trailers, and semi -trailers, except when hauled
by a tractor not designed for highway use; and
iii. Furniture and fixtures not customarily used away from
premises where the property is usually kept;
12. a. Installment sales and leased property insurance that:
i. Covers property pertaining to a household and sold under a
conditional contract of sale, partial payment contract,
installment sales contract, or lease; and
ii. Excludes motor vehicles designed for highway use.
b. Installment sales and leased property insurance shall cover in
transit, but shall not extend beyond the termination of the seller's
or lessor's interest; and
13. Live animal floaters; and
(f) Commercial property floater risks that cover property pertaining to a business,
profession, or occupation, including:
1. Radium floaters;
2. Physician's and surgeons' instrument floaters, which may include
coverage of furniture, fixtures, and a tenant insured's interest in
improvements and betterments of buildings located in that portion of the
premises occupied by the insured in the practice of his or her profession;
3. Pattern and die floaters;
4. Theatrical floaters that exclude:
a. Buildings;
b. Improvements and betterments to buildings; and
c. Furniture and fixtures that do not travel about with theatrical
troupes;
5. Film floaters, including:
a. Builders' risk during the production; and
b. Coverage on the completed negatives and positives and sound
records;
6. Salesmen's samples floaters;
7. Exhibition insurance on property while on exhibition and in transit to or
from an exhibition;
8. Live animal floaters;
9. Builders risks or installation risks insurance that:
a. Covers the interest of an owner, seller, or contractor against loss or
damage to machinery, equipment, or building materials or supplies
being used with and during the course of installation, testing,
building, renovating, or repairing;
b. May cover:
i. At points or places where work is being performed;
ii. While in transit; and
iii. During temporary storage or deposit of property designated
for and awaiting specific installation, building, renovating, or
repairing;
c. Is limited to builders risks or installation risks where perils in
addition to fire and extended coverage are to be insured; and
d. i. If written for an owner, ceases upon completion and
acceptance thereof; or
ii. If written for a seller or contractor, terminates when the
interest of the seller or contractor ceases;
10. Mobile article, machinery, and equipment floaters that:
a. Cover identified property of a mobile or floating nature, not on
sale or consignment, or in the course of manufacture, which has
come into the custody or control of parties who intend to use the
property for which it was manufactured or created; and
b. Exclude:
i. Motor vehicles designed for highway use;
ii. Auto homes, tra ilers, and semi -trailers except when hauled
by a tractor not designed for highway use;
iii. Snow plows constructed exclusively for highway use; and
iv. Furniture and fixtures not customarily used away from
premises where the property is usually kept;
11. Insurance that:
a. Covers property:
i. In transit to, or from and in, the custody of a bailee; and
ii. That is not owned, controlled, or operated by the bailor; and
b. Excludes the property of the bailee at his or her premises;
12. a. Installment sales and leased property insurance that:
i. Covers property sold under a conditional contract of sale,
partial payment contract, installment sales contract, or lease;
and
ii. Excludes motor vehicles designed for highway use and
machinery and equipment under a certain "lease -back"
contract.
b. Installment sales and leased property insurance shall cover in
transit, but shall not extend beyond the termination of the seller's
or lessor's interest;
13. Garment contractor floaters;
14. Furriers or fur storer customer insurance:
a. Under which certificates or receipts are issued by furriers or fur
storers; and
b. That covers specified articles of a customer's property;
15. Accounts receivable insurance;
16. Valuable papers and records insurance;
17. Floor plan insurance that:
a. Covers property for sale while in possession of a dealer under a
floor plan or any similar plan under which the dealer may borrow
money from a bank or lending in stitution with which to pay the
manufacturer, if:
i. The merchandise is specifically identifiable as encumbered
to the bank or lending institution;
ii. The dealer's right to sell or otherwise dispose of the
merchandise is conditioned upon the merchandise b eing
released from encumbrance by the bank or lending
institution; and
iii. The insurance covers in transit and does not extend beyond
the termination of the dealer's interest; and
b. Excludes:
i. Automobiles or motor vehicles; and
ii. Merchandise for whic h the dealer's collateral is the stock or
inventory as distinguished from merchandise specifically
identifiable as encumbered to the lending institution;
18. Sign and street clock insurance, which includes coverage for neon signs,
automatic or mechanical signs, and street clocks, while is use as such;
19. Fine arts insurance that covers paintings, etchings, pictures, tapestries,
art glass windows, and other bona fide works of art of rarity, historical
value, or artistic merit for a museum, gallery, universi ty, business,
municipality, or other similar interest;
20. a. Insurance that covers personal property which, when sold to the
ultimate purchaser, may be covered specifically by the owner
under an inland marine policy, certificate, or contract, including:
i. Musical instrument dealers insurance that covers property
consisting principally of musical instruments and their
accessories. As used in this subpart, "musical instrument"
does not include radios, televisions, record players, or a
combination thereof;
ii. Camera dealers insurance that covers property consisting
principally of cameras and their accessories;
iii. Furrier dealers insurance that covers property consisting
principally of furs and fur garments;
iv. Equipment dealers insurance that covers mobil e equipment
consisting of binders, reapers, tractors, harvesters, harrows,
tedders, and other similar agricultural equipment and
accessories and construction equipment consisting of
bulldozers, road scrapers, tractors, compressors, pneumatic
tools, and oth er similar equipment and accessories.
Equipment dealers insurance shall exclude motor vehicles
designed for highway use;
v. Stamp and coin dealers insurance that covers property of
philatelic and numismatic nature;
vi. Jewelers block insurance; and
vii. Fine art dealers insurance.
b. For any insurance referenced in subdivision a. of this
subparagraph, the insurance may include coverage of:
i. Money in locked safes or vaults on the insured's premises;
and
ii. Furniture, fixtures, tools, machinery, patterns, molds, dies,
and tenant insureds' interests in building improvements;
21. Wool growers floaters;
22. Domestic bulk liquid in surance that covers tanks and domestic bulk
liquids stored therein;
23. Difference in condition coverage that excludes fire and extended
coverage perils; and
24. Electronic data processing insurance.
(2) Subsection (1) of this section shall not be construe d to permit coverage under an
inland marine policy, certificate, or contract for the following, unless the coverage
is otherwise permitted under that subsection or this chapter:
(a) Storage of the insured's merchandise;
(b) Merchandise in the course of man ufacture, including the property of, and on
the premises of, the manufacturer;
(c) Furniture and fixtures;
(d) Improvements and betterments to buildings; or
(e) Moneys or securities held in safes, vaults, safety deposit vaults, or banks, or
on the premises of an insured, except while in the course of transportation.
(3) (a) As used in this chapter, "wet marine and transportation insurance" means
marine and transportation insurance that may cover or include:
1. Vessels, crafts, hulls, and of interests therein or with relation thereto;
2. Marine builders' risks, marine war risks, and contracts of marine
protection and indemnity insurance;
3. Freights and disbursements pertaining to a subject of insurance coming
within this definition; and
4. Personal property and interests therein, in course of exportation from or
importation into any country, or in course of transportation coastwise or
on inland waters, including transportation by land, water, or air from
point of origin to final destination, in respect to, ap pertaining to, or in
connection with, any and all risks or perils of navigation, transit, or
transportation, and while being prepared for and while awaiting
shipment, and during any delays, storage, transshipment, or reshipment
incident thereto.
(b) As used in this subsection, "marine protection and indemnity insurance":
1. Means insurance against, or against legal liability of the insured for,
loss, damage, or expense arising out of, or incident to, the ownership,
operation, chartering, maintenance, use, r epair, or construction of any
vessel, craft, or instrumentality in use in ocean or inland waterways; and
2. Includes liability of the insured for personal injury, illness, or death or
loss of or damage to the property of another person.
Collected 2026-09-05T20:57:38Z. Source file · JSON