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

Ky. Rev. Stat. § 304.12-235 (2026)

Time of payment of claims

✓ current as of May 2026
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(1) All claims arising under the terms of any contract of insurance shall be paid to the named insured person or health care provider not more than thirty (30) days from the date upon which notice and proof of claim, in the substance and form required by the terms of the policy, are furnished the insurer.

(2) If an insurer fails to make a good faith attempt to settle a claim within the time prescribed in subsection (1) of this section, the value of the final settlement shall bear interest at the rate of twelve percent (12%) per annum from and after the expiration of the thirty (30) day period.

(3) If an insurer fails to settle a claim within the time prescribed in subsection (1) of this section and the delay was without reasonable foundation, the insured person or health care provider shall be entitled to be reimbursed for his reasonable attorney's fees incurred. No part of the fee for representing the claimant in connection with this claim shall be charged against benefits otherwise due the claimant. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 482, sec. 26, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 225, sec. 17, effective July 15, 1988.

Notes of Decisions
Cited in 37 cases (25 in the last 5 years), 1993–2026 · leading case: Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999).
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Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). · cites it 17× “Even after Motorists Mutual offered its policy limits, the Glasses refused to settle because of their concern about Humana's subrogation claim.”
Wittmer v. Jones, 864 S.W.2d 885 (Ky. 1993). · cites it 2× “Whether the General Assembly intended the obligations of KRS 304.12-235 to apply to claims due to third parties as well as to the “named insured” is an issue of statutory construction which we leave for another day when there is proof to satisfy the threshold issue of the…”
Hamilton Mut. Ins. Co. of Cincinnati v. Buttery, 220 S.W.3d 287 (Ky. Ct. App. 2007). · cites it 5× “It contends that Buttery was not entitled to an award of attorneys’ fees and prejudgment interest in this case since there was no finding that it had violated the provisions of KRS 304.12-235. We disagree. KRS 304.12-235 provides as follows: (1) All claims arising under the…”
Susan Hicks v. State Farm Fire & Cas. Co., 965 F.3d 452 (6th Cir. 2020). “Ky. Rev. Stat. Ann. § 304.12-235 . No. 19-5719 Hicks, et al.”
FB Ins. Co. v. Jones, 864 S.W.2d 926 (Ky. Ct. App. 1993). · cites it 4× “Farm Bureau argues that the foregoing passage has been nullified by the passage of KRS 304.12-235. Farm Bureau cites Grzyb v.”
Wilson v. State Farm Mut. Auto. Ins., 795 F. Supp. 2d 604 (W.D. Ky. 2011). · cites it 7× “In addition, he asserts a separate claim under KRS 304.12-235, which requires that “[a]ll claims arising under the terms of any contract of insurance shall be paid to the named insured person or health care provider not more than thirty (30) days from the date upon which notice…”
United Servs. Auto. Ass'n v. Bult, 183 S.W.3d 181 (Ky. Ct. App. 2003). “The Bults could have invoked the provisions of KRS 304.12-235, which would have provided 12% interest on the value of the final settlement as well as reimbursement for a reasonable attorney’s fee for failure to pay a claim to an insured within thirty days of notice and proof of…”
Philadelphia Indem. Ins. v. Youth Alive, Inc., 857 F. Supp. 2d 647 (W.D. Ky. 2012). · cites it 2× “12-230, and the applicable regulations, and a claim under KRS § 304.12-235(3) for attorney’s fees. (DN 81, 88-105).”
BancInsure, Inc. v. U.K. Bancorporation Inc., 830 F. Supp. 2d 294 (E.D. Ky. 2011). “§ 304.12-235, and common law bad faith. This Court’s jurisdiction is based on diversity, and Kentucky substantive law applies.”
Morton v. Bank of the Bluegrass & Trust, 18 S.W.3d 353 (Ky. Ct. App. 1999). “Also, Shirley's reliance on KRS 304.12-235 is misplaced, as that statute also deals only with payment of claims.”
Tinsley v. Connecticut Gen. Life Ins., 744 F. Supp. 2d 637 (W.D. Ky. 2010). “AMOUNT IN CONTROVERSY The complaint in this case demands past premiums; waiver of future premiums; punitive damages for a bad faith denial, recklessness and gross negligence; attorneys’ fees under KRS 304.12-235; and compensation for emotional pain and suffering.”
Cordes v. United Specialty Ins. Co. (W.D. Ky. 2022). · cites it 14× “OneSource’s Motion for Judgment on the Pleadings Cordes asserts multiple claims against OneSource, a third-party administrator, for statutory and common-law bad faith, violating KRS § 304.12-235, breaching the common law duty to settle, breaching fiduciary duties, negligence,…”
Show all 37 citing cases →
Ky. Rev. Stat. § 304.12-235(1): 5 cases
Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). “Even after Motorists Mutual offered its policy limits, the Glasses refused to settle because of their concern about Humana's subrogation claim.”
Wilson v. State Farm Mut. Auto. Ins., 795 F. Supp. 2d 604 (W.D. Ky. 2011). “In addition, he asserts a separate claim under KRS 304.12-235, which requires that “[a]ll claims arising under the terms of any contract of insurance shall be paid to the named insured person or health care provider not more than thirty (30) days from the date upon which notice…”
Austin v. The Stand. Fire Ins. Co. (E.D. Ky. 2023).
Kenneth Alvin O'neil v. Dale Rae Hutchens Personally (Ky. Ct. App. 2021).
United States Liab. Ins. Co. v. Jaci Watson, as Adm'r of the Est. of William Gerald Watson (Ky. 2021).
Ky. Rev. Stat. § 304.12-235(2): 5 cases
Wilson v. State Farm Mut. Auto. Ins., 795 F. Supp. 2d 604 (W.D. Ky. 2011). “In addition, he asserts a separate claim under KRS 304.12-235, which requires that “[a]ll claims arising under the terms of any contract of insurance shall be paid to the named insured person or health care provider not more than thirty (30) days from the date upon which notice…”
Wright v. State Farm Mut. Auto. Ins. Co. (W.D. Ky. 2022).
Cordes v. United Specialty Ins. Co. (W.D. Ky. 2022). “OneSource’s Motion for Judgment on the Pleadings Cordes asserts multiple claims against OneSource, a third-party administrator, for statutory and common-law bad faith, violating KRS § 304.12-235, breaching the common law duty to settle, breaching fiduciary duties, negligence,…”
King v. Nw. Mut. Life Ins. Co. (W.D. Ky. 2025).
Kenneth Alvin O'neil v. Dale Rae Hutchens Personally (Ky. Ct. App. 2021).
Ky. Rev. Stat. § 304.12-235(3): 3 cases
Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999). “Even after Motorists Mutual offered its policy limits, the Glasses refused to settle because of their concern about Humana's subrogation claim.”
Philadelphia Indem. Ins. v. Youth Alive, Inc., 857 F. Supp. 2d 647 (W.D. Ky. 2012). “12-230, and the applicable regulations, and a claim under KRS § 304.12-235(3) for attorney’s fees. (DN 81, 88-105).”
Kenneth Alvin O'neil v. Dale Rae Hutchens Personally (Ky. Ct. App. 2021).
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