{"data":{"id":"us-ky/krs-304.9-280","jurisdiction":"us-ky","citation":"KRS 304.9-280","heading":"Termination of licensee's appointment -- Notice requirements -- Civil","body":"immunity -- Confidential and privileged information -- Commissioner's use of\ninformation.\n(1) Subject to the agent contract rights of a rental vehicle agent, rental vehicle\nmanaging employee, managing general agent, or agent, if any, an insurer may\nterminate an appointment at any time. However, if any appointment is not\nterminated on or prior to December 31, then on January 1 the fees designated shall\nbe due for submission as provided in KRS 304.9-270.\n(2) An insurer or authorized representative of the insurer that terminates the\nappointment, employment, contract, or other insurance business relationship with a\nlicensee shall notify the commissioner within thirty (30) days following  the\neffective date of the termination, using a form or a format prescribed by the\ncommissioner, if the reason for termination is one (1) of the reasons set forth in\nKRS 304.9-440 or if the insurer has knowledge the licensee was found by a court,\ngovernment body, or self-regulatory organization authorized by law to have engaged\nin any of the activities in KRS 304.9 -440. Termination under this subsection shall\nbe deemed termination for cause. Upon the written request of the commissioner the\ninsurer shall pro vide additional information, documents, records, or other data\npertaining to the termination or activity of the licensee.\n(3) An insurer or authorized representative of the insurer that terminates the\nappointment of a licensee for any reason not set forth in subsection (2) of this\nsection, shall notify the commissioner within thirty (30) days following the effective\ndate of the termination, using a form or a format prescribed by the commissioner.\nTermination under this subsection shall be deemed termination without cause. Upon\nwritten request of the commissioner, the insurer shall provide additional\ninformation, documents, records, or other data pertaining to the termination.\n(4) The insurer or the authorized representative of the insurer shall promptly noti fy the\ncommissioner in a form or a format acceptable to the commissioner if, upon further\nreview or investigation, the insurer discovers additional information that would\nhave been reportable to the commissioner in accordance with subsection (2) of this\nsection had the insurer known of its existence.\n(5) (a) Within fifteen (15) days after making the notification required for termination\nwithout cause, the insurer shall mail a notice of the termination to the licensee\nat his or her last known address by firs t-class mail. The notice of termination\nshall include and indicate the reasons for termination provided to the\ncommissioner.\n(b) Within fifteen (15) days after making the notification required for termination\nfor cause, the insurer shall provide a copy of the form to the licensee at his or\nher last known address by certified mail, return receipt requested, postage\nprepaid, or by overnight delivery using a nationally recognized carrier.\n(c) Within thirty (30) days after the licensee has received a copy of th e form, the\nlicensee may file written comments concerning the substance of the\nnotification with the commissioner. The licensee shall, by the same means,\nsimultaneously send a copy of the comments to the reporting insurer, and the\ncomments shall become a p art of the commissioner's file and accompany\nevery copy of a report distributed or disclosed for any reason about the\nlicensee as permitted under subsection (7)(c) of this section.\n(6) (a) 1. In the absence of actual malice, an insurer, the authorized repr esentative\nof the insurer, a licensee, the commissioner, or their respective\nrepresentatives or employees, or an organization of which the\ncommissioner is a member and that compiles the information and makes\nit available to other insurance commissioners or  regulatory or law\nenforcement agencies, shall not be subject to civil liability, and a civil\ncause of action of any nature shall not arise against these individuals,\nentities, or their respective representatives or employees as a result of:\na. Any stateme nt or information required by or provided in\naccordance with this section;\nb. Any information relating to any statement that may be requested in\nwriting from an insurer or licensee by the commissioner; or\nc. A statement by a terminating insurer or licensee to an insurer or\nlicensee that is limited solely and exclusively to whether a\ntermination for cause under subsection (2) of this section was\nreported to the commissioner.\n2. The propriety of any termination for cause under subsection (2) of this\nsection shall be certified in writing by an officer or authorized\nrepresentative of the insurer or licensee terminating the relationship.\n(b) In any action brought against an individual, business entity, or organizati on\nthat may have immunity under paragraph (a) of this subsection for making any\nstatement required by this section or providing any information relating to any\nstatement that may be requested by the commissioner, the party bringing the\naction shall plead s pecifically in any allegation that paragraph (a) of this\nsubsection does not apply because the individual, business entity, or\norganization making the statement, or providing the information did so with\nactual malice.\n(c) Paragraph (a) or (b) of this subse ction shall not abrogate or modify any\nexisting statutory or common law privileges or immunities.\n(7) (a) 1. Any document, material, or other information in the control or\npossession of the department that is furnished by an insurer, licensee, or\nan employee or representative acting on behalf of the insurer or licensee,\nor obtained by the commissioner in an investigation in accordance with\nthis section:\na. Shall be confidential by law and privileged;\nb. Shall not be subject to subpoena; or\nc. Shall not be s ubject to discovery or admissible in evidence in any\nprivate civil action.\nNotwithstanding subdivisions a., b., and c. of this subparagraph, any\ndocument, material, or other information that is furnished by an insurer,\nlicensee, or an employee or representative acting on behalf of the insurer\nor licensee, or obtained by the commissioner in an investigation in\naccordance with this section, that is used in a formal administrative\nproceeding or enforcement action in accordance with KRS Chapter 13B\nshall be subject to the Kentucky Open Records Act.\n2. However, the commissioner is authorized to use the documents,\nmaterials, or other information referred to in paragraph (a)1. of this\nsubsection in the furtherance of any regulatory or legal action brought to\ncarry out the commissioner's duties.\n(b) Neither the commissioner nor any individual who received documents,\nmaterials, or other information while acting under the authority of the\ncommissioner, shall be permitted or required to testify in any private civil\naction concerning any confidential documents, materials, or information\nsubject to paragraph (a) of this subsection.\n(c) In order to assist in the performance of the commissioner's duties, as set forth\nin KRS 304.2-100, the commissioner:\n1. May share document s, materials, or other information, including the\nconfidential and privileged documents, materials, or information subject\nto paragraph (a) of this subsection, with other state, federal, and\ninternational regulatory agencies, with the National Association of\nInsurance Commissioners, its affiliates, or subsidiaries, and with state,\nfederal, and international law enforcement authorities, provided that the\nrecipient agrees to maintain the confidentiality and privileged status of\nthe documents, materials, or other information;\n2. May receive documents, materials, or information, including otherwise\nconfidential and privileged documents, materials, or information, from\nthe National Association of Insurance Commissioners, its affiliates or\nsubsidiaries, and from r egulatory and law enforcement officials of other\nforeign or domestic jurisdictions, and shall maintain as confidential or\nprivileged any documents, materials, or information received with notice\nor the understanding that it is confidential or privileged un der the laws\nof the jurisdiction that is the source of the documents, materials, or\ninformation; and\n3. May enter into agreements governing sharing and use of information\nconsistent with this subsection.\n(d) No waiver of any applicable privilege or claim o f confidentiality in the\ndocuments, materials, or information shall occur as a result of disclosure to\nthe commissioner or of sharing as authorized in this subsection.\n(e) The commissioner shall release only final, adjudicated actions, including for -\ncause terminations that are open to public inspection in accordance with the\nKentucky Open Records Act, KRS 61.870 to 61.884.\n(f) As part of the nonresident license certification process, the department shall\nrelease only final adjudicated actions on licensees i dentified in subsection (1)\nof this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=16921","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:40Z","sha256":"dd2ccbbdd991d90249b6bb5101c12010e6fbb60e0c30cfd0968a132780cc7eb4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.9-270","next":"us-ky/krs-304.9-290"},"notice":"GroundRules: Original legal text. Not legal advice."}