{"data":{"id":"us-ky/krs-304.9-784","jurisdiction":"us-ky","citation":"KRS 304.9-784","heading":"Duty to disclose information regarding portable electronics insurance","body":"coverage -- Standards -- Billing and collection of charges -- Notice and\ncorrespondence.\n(1) At every location where portable electronics insurance is offered to customers,\nbrochures or other written materials shall be made available to a prospective\ncustomer which:\n(a) Disclose that portable electronics insurance may provide a duplication of\ncoverage already provided by a customer's homeowner's insurance policy,\nrenter's insurance policy, or other source of coverage;\n(b) State that the enrollment by the customer in a portable electronics insurance\npolicy is not required in order to purchase or lease portable electronics or\nservices;\n(c) Summarize the material terms of the insurance coverage, including:\n1. The identity of the insurer;\n2. The identity of the portable electronics insurance supervising entity;\n3. The amount of any applicable deductible and how it is to be paid;\n4. Benefits of the coverage; and\n5. Key terms and conditi ons of coverage, including but not limited to\nwhether portable electronics may be repaired with nonoriginal\nmanufacturer parts or equipment or replaced with a similar make and\nmodel that is reconditioned;\n(d) Summarize the process for filing a claim, inclu ding a description of how to\nreturn portable electronics and the maximum fee applicable if the customer\nfails to comply with any equipment return requirements; and\n(e) State that an enrolled customer may cancel enrollment for coverage under a\nportable elec tronics insurance policy at any time and the person paying the\npremium shall receive a refund of any applicable unearned premium.\n(2) Portable electronics insurance may be offered on a month -to-month basis or other\nperiod basis as a group or master commerc ial inland marine policy issued to a\nportable electronics retailer for its enrolled customers.\n(3) Eligibility and underwriting standards for customers electing to enroll in coverage\nshall be established for each portable electronics insurance policy.\n(4) The charges for portable electronics insurance coverage may be billed and collected\nby the portable electronics retailer. Any charge to a customer for coverage that is\nnot included in the cost associated with the purchase or lease of portable electronics\nor related services shall be separately itemized on the customer's bill. If the portable\nelectronics insurance coverage is included with the purchase or lease of portable\nelectronics or related services, the portable electronics retailer shall clearly and\nconspicuously disclose to the customer that the portable electronics insurance\ncoverage is included with the portable electronics or related services. Portable\nelectronics retailers' billing and collecting charges shall not be required to maintain\nthe portable electronics insurance funds in a segregated account, provided that the\nretailer is authorized by the insurer to hold the funds from the sale of portable\nelectronics insurance in an alternative manner and remit such amounts to the\nportable electronics i nsurance supervising entity within sixty (60) days of receipt.\nAll funds received by a portable electronics retailer from a customer for the sale of\nportable electronics insurance shall be held in a fiduciary capacity by the portable\nelectronics retailer f or the benefit of the insurer. Portable electronics retailers may\nreceive compensation for billing and collection services.\n(5) The terms for the termination or modification of a policy of portable electronics\ninsurance shall be as set forth in the policy.\n(6) (a) Whenever notice or correspondence concerning a policy of portable\nelectronics insurance is required pursuant to the policy or is otherwise\nrequired by law, it shall be:\n1. In writing; and\n2. Sent within the notice period, if any, specified within the policy, statute,\nor regulation requiring the notice or correspondence.\n(b) Notwithstanding any other provision of law, notices and correspondence may\nbe sent either by mail or by electronic means as required by this section.\n(c) If the notice or correspondence is mailed, it shall be sent to:\n1. The portable electronics retailer at the retailer's mailing address\nspecified for that purpose; and\n2. Each affected enrolled customer at the last known mailing address of the\ncustomer on file with the insurer.\nThe insurer or portable electronics retailer shall maintain proof of mailing in a\nform authorized or accepted by the United States Postal Service or other\ncommercial mail delivery service.\n(d) If the notice or correspondence is sent by electronic means, it shall be sent to:\n1. The portable electronics retailer at the retailer's electronic mail address\nspecified for that purpose; and\n2. Each affected enrolled customer at the last known electronic mail\naddress provided by the enrolled customer to the insurer or portable\nelectronics retailer. For purposes of this subparagraph, an enrolled\ncustomer who provides an electronic mail address to the insurer or\nportable electronics retailer shall be deemed to consent to receive notices\nand correspondence if a disclosu re is provided to the customer stating\nthat an enrolled customer's provision of an electronic mail address shall\nbe deemed consent to receive notices and correspondence by electronic\nmeans.\nThe insurer or portable electronics retailer shall maintain proof that a notice or\ncorrespondence was sent by electronic means.\n(e) Notice or correspondence required by this section or otherwise required by\nlaw may be sent on behalf of an insurer or portable electronics retailer by the\nsupervising entity appointed by the insurer.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40498","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:41Z","sha256":"a833104d86512f5b9bd57e15a706bcab4b3a81bb8e0842493b3b19549e100e19","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.9-782","next":"us-ky/krs-304.905"},"notice":"GroundRules: Original legal text. Not legal advice."}