It is an unfair claims settlement practice for any person to commit or perform any of the following acts or omissions:
(1) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;
(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
(3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
(4) Refusing to pay claims without conducting a reasonable investigation based upon all available information;
(5) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(6) Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;
(7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;
(8) Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;
(9) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured;
(10) Making claims payments to insureds or beneficiaries not accompanied by statement setting forth the coverage under which the payments are being made;
(11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
(12) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
(13) Failing to promptly settle claims, where liability has become reasonably clear, under one (1) portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;
(14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement;
(15) Failing to comply with the decision of an independent review entity to provide coverage for a covered person as a result of an external review in accordance with KRS 304.17A-621, 304.17A-623, and 304.17A-625;
(16) Knowingly and willfully failing to comply with the provisions of KRS 304.17A-714 when collecting claim overpayments from providers; or
(17) Knowingly and willfully failing to comply with the provisions of KRS 304.17A-708 on resolution of payment errors and retroactive denial of claims. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 169, sec. 7, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 262, sec. 18, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 225, sec. 19, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 171, sec. 2, effective July 13, 1984.
Notes of Decisions
Knotts v. Zurich Ins. Co., 197 S.W.3d 512 (Ky. 2006).
· cites it 30× “Specifically, Knotts claimed that Zurich had violated Kentucky's UCSPA, KRS 304.12-230, in the course of litigating the underlying tort case and the resulting appeal.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 26× “267, when read together with KRS 304.12-230, the Unfair Claims Settlement Practices Act ("UCSPA"), and KRS 446.”
Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000).
· cites it 17× “We granted discretionary review primarily to consider whether the Unfair Claims Settlement Practices Act (the UCSPA), KRS 304.12-230, and/or the so-called tort of "bad faith" apply to persons or entities who are either self-insured or uninsured.”
Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999).
· cites it 17× “It set forth a negligence claim against Shelburne, a UIM claim against Motorists Mutual, bad faith claims and alleged violations of the Unfair Claims Settlement Practices Act (UCSPA), KRS 304.12-230, against both insurers, and a claimed violation of the Consumer Protection Act,…”
Hollaway v. Direct Gen. Ins. Co. of Mississippi, 497 S.W.3d 733 (Ky. 2016).
· cites it 5× “We are confident that the lower courts were correct in determining that summary judgment in favor of Direct General is appropriate at this juncture.”
State Farm Mut. Auto. Ins. Co. v. Reeder, 763 S.W.2d 116 (Ky. 1988).
· cites it 6× “This appeal is from a decision of the Court of Appeals which reversed the circuit court and held that KRS 304.12-230, the Unfair Claims Settlement Practices Act, creates a private right of action against an insurance company by third-party claimants.”
Coomer v. Phelps, 172 S.W.3d 389 (Ky. 2005).
· cites it 10× “KRS 304.12-230. While an action for damages premised on violations of this statute is clearly permitted under Kentucky law, see State Farm Mut.”
Guar. Nat'l Ins. Co. v. George, 953 S.W.2d 946 (Ky. 1997).
· cites it 8× “Guaranty National Insurance Company ("Guaranty National") appeals from a decision of the Court of Appeals holding that Albert George, Pearl George, Karen Miller, and Steve Jackson (collectively "the Georges") are entitled to pursue claims for bad faith dealing and violations of…”
Wittmer v. Jones, 864 S.W.2d 885 (Ky. 1993).
· cites it 3× “2d 116 (1989), recognizing the existence of a claim by a third-party for damages sustained by reason of an insurance company’s violation of the Unfair Claims Settlement Practices Act (UCSPA), KRS 304.12-230 and 235; and, finally, Curry v.”
Kentucky Employers Mut. Ins. v. Coleman, 236 S.W.3d 9 (Ky. 2007).
· cites it 4× “Part of the Court's reasoning in that case was that there are administrative remedies for a delay in payment or failure to pay: "[T]he statutory scheme of the Workers' Compensation Act .”
— Ky. Rev. Stat. § 304.12-230(1) — 5 cases
— Ky. Rev. Stat. § 304.12-230(13) — 1 case
— Ky. Rev. Stat. § 304.12-230(14) — 1 case
Wittmer v. Jones, 864 S.W.2d 885 (Ky. 1993).
“2d 116 (1989), recognizing the existence of a claim by a third-party for damages sustained by reason of an insurance company’s violation of the Unfair Claims Settlement Practices Act (UCSPA), KRS 304.12-230 and 235; and, finally, Curry v.”
— Ky. Rev. Stat. § 304.12-230(2) — 4 cases
— Ky. Rev. Stat. § 304.12-230(3) — 6 cases
Coomer v. Phelps, 172 S.W.3d 389 (Ky. 2005).
“KRS 304.12-230. While an action for damages premised on violations of this statute is clearly permitted under Kentucky law, see State Farm Mut.”
— Ky. Rev. Stat. § 304.12-230(4) — 8 cases
Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999).
“It set forth a negligence claim against Shelburne, a UIM claim against Motorists Mutual, bad faith claims and alleged violations of the Unfair Claims Settlement Practices Act (UCSPA), KRS 304.12-230, against both insurers, and a claimed violation of the Consumer Protection Act,…”
Wittmer v. Jones, 864 S.W.2d 885 (Ky. 1993).
“2d 116 (1989), recognizing the existence of a claim by a third-party for damages sustained by reason of an insurance company’s violation of the Unfair Claims Settlement Practices Act (UCSPA), KRS 304.12-230 and 235; and, finally, Curry v.”
Coomer v. Phelps, 172 S.W.3d 389 (Ky. 2005).
“KRS 304.12-230. While an action for damages premised on violations of this statute is clearly permitted under Kentucky law, see State Farm Mut.”
— Ky. Rev. Stat. § 304.12-230(5) — 1 case
— Ky. Rev. Stat. § 304.12-230(6) — 17 cases
Knotts v. Zurich Ins. Co., 197 S.W.3d 512 (Ky. 2006).
“Specifically, Knotts claimed that Zurich had violated Kentucky's UCSPA, KRS 304.12-230, in the course of litigating the underlying tort case and the resulting appeal.”
Coomer v. Phelps, 172 S.W.3d 389 (Ky. 2005).
“KRS 304.12-230. While an action for damages premised on violations of this statute is clearly permitted under Kentucky law, see State Farm Mut.”
— Ky. Rev. Stat. § 304.12-230(7) — 2 cases
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