Ky. Rev. Stat. » Chapter 304
Kentucky Revised Statutes

Ky. Rev. Stat. § 304.1-040 (2026)

"Insurer" defined

✓ current as of May 2026
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"Insurer" includes every person engaged as principal and as indemnitor, surety, or contractor in the business of entering into contracts of insurance. Effective: June 18, 1970 History: Created 1970 Ky. Acts ch. 301, subtit. 1, sec. 4, effective June 18, 1970.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1995–2024 · leading case: Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000).
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Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000). · cites it 6× “" KRS 304.1-040 (definition of "insurer") (emphasis added).”
Haney v. Yates, 40 S.W.3d 352 (Ky. 2000). “1-030; KRS 304.1-040; Davidson v. American Freightways, Inc.”
Prout v. PRG Real Est. Mgmt., Inc., 51 F. Supp. 3d 702 (E.D. Ky. 2014). “§ 304.1-040). Further, under Kentucky law, a bad faith claim requires a contractual obligation to pay a claim under an insurance policy.”
Little v. Butler (E.D. Ky. 2020). · cites it 3× “” KRS 304.1-040. Davidson observed that a UCSPA claim hinges on the insurer’s underlying contractual obligation to pay and that, “[a]bsent a contractual obligation, there simply is no bad faith cause of action, either at common law or by statute.”
Delamar v. Mogan, 966 F. Supp. 2d 755 (W.D. Ky. 2013). · cites it 2× “at 102 (quoting KRS § 304.1-040). Based on this language, courts in the Western District “have uniformly held that, absent a contractual obligation, a plaintiff may not sue an insurance adjuster for bad faith.”
Harold Merritt v. Catholic Health Initiatives, Inc. (Ky. 2020). “’” (quoting KRS 304.1-040). Self-insurers are not in the business of entering into contracts of insurance but rather have a self-insurance agreement with covered entities, in this case Catholic Health and its affiliates.”
Martin J. Breedlove v. State Farm Fire & Cas. Co. (Ky. Ct. App. 2024). “at 102 (quoting KRS 304.1-040). Based on this holding, Breedlove argues that Binion, as an agent of State Farm, may be held individually liable in a bad faith action.”
Ditech Holding Corp. (Bankr. S.D.N.Y. 2023). “’” (omission in original) (quoting Ky. Rev. Stat. Ann. § 304.1-040 )); see also Ennes v.”
Albany Ins. Co. v. Stephens, 926 S.W.2d 460 (Ky. Ct. App. 1995). · cites it 2× “The term “insurer” is defined in KRS 304.1-040 to include: [Ejvery person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance.”
Am. Life & Accident Ins. Co v. Dep't of Ins., 1 S.W.3d 478 (Ky. Ct. App. 1998). · cites it 2× “See KRS 304.1-040. 1 Pursuant to KRS 304.2-210(1), the Department is required to examine each insurer to determine its financial condition, its ability to fulfill its obligations, the manner in which it fulfills its obligations, the nature of its operations, and its compliance…”
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