{"data":{"id":"us-ky/krs-304.20-020","jurisdiction":"us-ky","citation":"KRS 304.20-020","heading":"Uninsured vehicle coverage -- Insolvency of insurer.","body":"(1) No  automobile liability or motor vehicle liability policy of insurance insuring\nagainst loss resulting from liability imposed by law for bodily injury or death\nsuffered by any person arising out of the ownership, maintenance or use of a\nmotor vehicle shall be delivered or issued for delivery in this state with respect\nto any motor vehicle registered or principally garaged in this state unless\ncoverage is provided therein or supplemental thereto, in limits for bodily injury\nor death set forth in KRS  304.39-110 under provisions approved by the\ncommissioner, for the protection of persons insured thereunder who are legally\nentitled to recover damages  from owners or operators of uninsured motor\nvehicles because  of bodily injury, sickness or disease, including death,\nresulting therefrom; provided that any named  insured shall have the right to\nreject in writing such coverage; and provided further that the rejection shall be\nvalid for all insureds under the policy, and unless a named  insured requests\nsuch  coverage in writing, such  coverage need  not be  provided in or\nsupplemental to a renewal, reinstatement, substitute, replacement, or amended\npolicy issued to the same  named  insured by the same  insurer or any of its\naffiliates or subsidiaries.\n(2) For the purpose of this coverage the term \"uninsured motor vehicle\" shall,\nsubject to the terms and conditions of such coverage, be deemed  to include an\ninsured motor vehicle where the liability insurer thereof is unable to make\npayment with respect to the legal liability of its insured within the limits specified\ntherein because of insolvency; an insured motor vehicle with respect to which\nthe amounts provided, under the bodily injury liability bond or insurance policy\napplicable at the time of the accident with respect to any person or organization\nlegally responsible for the use of such motor vehicle, are less than the limits\ndescribed in KRS  304.39-110; and an insured motor vehicle to the extent that\nthe amounts provided in the liability coverage applicable at the time of the\naccident is denied by the insurer writing the same.\n(3) Protection against an insurer's insolvency shall be applicable only to accidents\noccurring during a policy period in which its insured's uninsured motorist\ncoverage is in effect where the liability insurer of the tortfeasor becomes\ninsolvent within one (1) year after such an accident. Nothing herein contained\nshall be construed to prevent any insurer from affording insolvency protection\nunder terms and conditions more favorable to its insureds than is provided\nhereunder.\n(4) In the event of payment to any person under the coverage required by this\nsection and subject to the terms and conditions of such coverage, the insurer\nmaking such payment shall, to the extent thereof, be entitled to the proceeds of\nany settlement or judgment resulting from the exercise of any rights of recovery\nof such person against any person or organization legally responsible for the\nbodily injury for which such payment  is made,  including the proceeds\nrecoverable from the assets of the insolvent insurer.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45815","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:50Z","sha256":"6e88b4b7969a11edcae7c2ed2e3e5c9eed9563cd3cd0861487feca0b072bd90a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.20-010","next":"us-ky/krs-304.20-030"},"notice":"GroundRules: Original legal text. Not legal advice."}