{"data":{"id":"us-ky/krs-304.18-070","jurisdiction":"us-ky","citation":"KRS 304.18-070","heading":"Filing and required provisions in blanket policies.","body":"Any insurer authorized to write health insurance in this state shall have the power to issue\nblanket health insurance. No such blanket policy, except as provided in subsection (4) of\nKRS 304.14 -120, may be issued or delivered in this state unless a copy of  the form\nthereof has been filed in accordance with KRS 304.14 -120. Every such blanket policy\nshall contain provisions which in the opinion of the commissioner are not less favorable\nto the policyholder and the individual insured than the following:\n(1) A provision that the policy, including indorsements and a copy of the application, if\nany, of the policyholder and the persons insured shall constitute the entire contract\nbetween the parties, and that any statement made by the policyholder or by a person\ninsured shall in the absence of fraud be deemed a representation and not a warranty,\nand that no such statements shall be used in defense to a claim under the policy,\nunless contained in a written application. Such person, his or her beneficiary or\nassignee shall have the right to make a written request to the insurer for a copy of\nsuch application, and the insurer shall within fifteen (15) days after the receipt of\nsuch request at its principal office or any branch office of the insurer, deliver or mail\nto the person making such request a copy of such application. If such copy is not so\ndelivered or mailed, the insurer shall be precluded from introducing such\napplication as evidence in any action based upon or involving any statements\ncontained therein;\n(2) A provision that written notice of sickness or of injury must be given to the insurer\nwithin twenty (20) days after the date when such sickness or injury occurred. Failure\nto give notice within such time shall not invalidate or reduce any claim if it is\nshown not to have been reasonably possible to give such notice and that notice was\ngiven as soon as was reasonably possible;\n(3) A provision that the insurer will furnish either to the claimant or to the policyholder\nfor delivery to the claimant such forms as are usually furnished by it for filing proof\nof loss. If such forms are not furnished before the expiration of fifteen (15) days\nafter giving such notice, the claimant shall be deemed to have complied with the\nrequirements of the policy as to proof of loss upon submitting, within the time fixed\nin the policy for filing proof of loss, written proof covering the occurrence, the\ncharacter and the extent of the loss for which claim is made;\n(4) A provision that in the case of a claim for loss of time for disability, written proof of\nsuch loss must be furnished to the insurer within ninety (90) days after the\ncommencement of the period for which the insurer is liable, and that subsequent\nwritten proofs of the continuance of such disability must be furnished to t he insurer\nat such intervals as the insurer may reasonably require, and that in the case of a\nclaim for any other loss, written proof of such loss must be furnished to the insurer\nwithin ninety (90) days after the date of such loss. Failure to furnish such  proof\nwithin such time shall not invalidate or reduce any claim if it is shown not to have\nbeen reasonably possible to furnish such proof and that such proof was furnished as\nsoon as was reasonably possible;\n(5) A provision that all benefits payable under  the policy other than benefits for loss of\ntime will be payable immediately upon receipt of due written proof of such loss, and\nthat, subject to due proof of loss, all accrued benefits payable under the policy for\nloss of time will be paid not less freque ntly than monthly during the continuance of\nthe period for which the insurer is liable, and that any balance remaining unpaid at\nthe termination of such period will be paid immediately upon receipt of such proof;\n(6) A provision that the insurer at its own  expense shall have the right and opportunity\nto examine the person of the insured when and so often as it may reasonably require\nduring the pendency of claim under the policy and also the right and opportunity to\nmake an autopsy where it is not prohibited by law; and\n(7) A provision that no action at law or in equity shall be brought to recover under the\npolicy prior to the expiration of sixty (60) days after written proof of loss has been\nfurnished in accordance with the requirements of the policy and tha t no such action\nshall be brought after the expiration of three (3) years after the time written proof of\nloss is required to be furnished.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29434","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:49Z","sha256":"4a0e4b367c0724a6313553ed9d1e134bcdd0429c75176e3813a949411d0b508a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.18-060","next":"us-ky/krs-304.18-080"},"notice":"GroundRules: Original legal text. Not legal advice."}
