{"data":{"id":"us-ky/krs-304.17-220","jurisdiction":"us-ky","citation":"KRS 304.17-220","heading":"Insurance with other insurers -- Expense incurred benefits -- \"Other","body":"valid coverage.\"\n(1) There may be a provision as follows:\n\"Insurance with Other Insurers: If there be other valid coverage, not with this\ninsurer, providing benefits for the same loss on a provision of service basis or on an\nexpense incurred basis and of which this insurer has not been given written notice\nprior to the occurrence or commencement of loss, the only liability under any\nexpense incurred coverage of this policy shall b e for such proportion of the loss as\nthe amount which would otherwise have been payable hereunder plus the total of\nthe like amounts under all such other valid coverages for the same loss of which this\ninsurer had notice bears to the total like amounts und er all valid coverages for such\nloss, and for the return of such portion of the premiums paid as shall exceed the pro\nrata portion for the amount so determined. For the purpose of applying this\nprovision when other coverage is on a provision of service bas is, the like amount of\nsuch other coverage shall be taken as the amount which the services rendered would\nhave cost in the absence of such coverage.\"\n(2) If the foregoing policy provision is included in a policy which also contains the\npolicy provision set out in subsection (1) of KRS 304.17 -230, there shall be added\nto the caption of the foregoing provision the phrase \"... Expense Incurred Benefits.\"\n(3) The insurer may, at its option, include in the provision provided in subsection (1) of\nthis section, a definition of \"other valid coverage\" approved as to form by the\ncommissioner, which definition shall be limited in subject matter to coverage\nprovided by organizations subject to regulation by insurance law or by insurance\nauthorities of this or any other state of the United States or any province of Canada,\nand by hospital or medical service organizations, and to any other coverage the\ninclusion of which may be approved by the commissioner. In the absence of such\ndefinition such term shall not include grou p insurance, automobile medical\npayments insurance, or coverage provided by hospital or medical service\norganizations or by union welfare plans or employer or employee benefit\norganizations. For the purpose of applying such policy provision no third -party\nliability coverage amount of benefit provided for such insured pursuant to any\ncompulsory benefit statute, including any workers' compensation or employer's\nliability statute, whether provided by a governmental agency or otherwise, shall in\nall cases be de emed to be \"other valid coverage\" of which the insurer has had\nnotice. In applying such policy provision no third -party liability coverage shall be\nincluded as \"other valid coverage.\"","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17309","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:45Z","sha256":"cf1c52d9fe3c6ec03badcd7635e7a99d8fdfaca6b65603495867112747076627","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.17-210","next":"us-ky/krs-304.17-230"},"notice":"GroundRules: Original legal text. Not legal advice."}