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

Ky. Rev. Stat. § 304.14-110 (2026)

Representations in applications

✓ current as of May 2026
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All statements and descriptions in any application for an insurance policy or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, and incorrect statements shall not prevent a recovery under the policy or contract unless either:

(1) Fraudulent; or

(2) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or

(3) The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate, or would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise. This subsection shall not apply to applications taken for workers' compensation insurance coverage. Effective: April 4, 1994 History: Amended 1994 Ky. Acts ch. 181, sec. 65, effective April 4, 1994. -- Created 1970 Ky. Acts ch. 301, subtit. 14, sec. 11, effective June 18, 1970.

Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1980–2026 · leading case: Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000).
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Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000). · cites it 22× “In support of its claim, Progressive argues that recission of the insurance contract is allowed by KRS 304.14-110, which provides in relevant part: All statements and descriptions in any application for an insurance policy or annuity contract, by or on behalf of the insured or…”
Nationwide Mut. Fire Ins. v. Nelson, 912 F. Supp. 2d 452 (E.D. Ky. 2012). · cites it 29× “See Ky.Rev.Stat. § 304.14-110. The Nelsons admit this.”
State Farm Mut. Auto. Ins. Co. v. Crouch, 706 S.W.2d 203 (Ky. Ct. App. 1986). · cites it 6× “” In response to this motion, State Farm filed its own motion for summary judgment arguing that France’s material misrepresentations with respect to her brother’s driving record caused the binder, under KRS 304.14-110, to be void ab initio. In addition, State Farm included the…”
BancInsure, Inc. v. U.K. Bancorporation Inc., 830 F. Supp. 2d 294 (E.D. Ky. 2011). · cites it 3× “§ 304.14-110. In the application, Wood represented that she did not possess any information about any act, error, or omission which might give rise to a claim under the FIB or EPL policy.”
Nat'l Ins. Ass'n v. Peach, 926 S.W.2d 859 (Ky. Ct. App. 1996). · cites it 3× “Moreover, we are not persuaded that the provisions of KRS 304.14-110 1 cited by National as the codification of the common law right to rescission controls the outcome of this case.”
Progressive Specialty Ins. v. Rosing, 891 F. Supp. 378 (W.D. Ky. 1995). · cites it 5× “Plaintiff is requesting a declaration that the insurance policy at issue null and void by the application of KRS 304.14-110. After careful consideration of the plain meaning and intent of that statute, the Court will sustain Plaintiffs motion for a declaratory judgment.”
Hornback v. Bankers Life Ins. Co., 176 S.W.3d 699 (Ky. Ct. App. 2005). · cites it 2× “See Crouch, supra; KRS 304.14-110. Such was the case here. The judgment of the Taylor Circuit Court is affirmed.”
Nationwide Mut. Fire Ins. Co. v. Hatton, 357 F. Supp. 3d 598 (E.D. Ky. 2019). “§ 304.14-110. [DE 1 at 4-6, Pg ID 4-6]. In their Answer, the Hattons filed a counterclaim for breach of contract against Nationwide.”
Proctor v. Geico Gen. Ins. Co., 360 F. Supp. 3d 626 (E.D. Ky. 2019). “14-110, cited by Proctor, provides that All statements and descriptions in any application for an insurance policy or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties.”
Tapp (E.D. Ky. 2026). · cites it 15× “First, Plaintiff suggests that “any determination as to [her husband’s insurability] should not be made from the [standpoint] of what was known at the time of the application,” but rather, from the standpoint of what was known at the time of her husband’s death.”
Betty Baldwin v. Kentucky Nat'l Ins. Co. (Ky. Ct. App. 2024). · cites it 8× “KRS 304.14-110 controls where a misrepresentation is made in an insurance application.”
Cont'l Cas. Co. v. Smith, 617 S.W.2d 48 (Ky. Ct. App. 1980). “g upon the jury’s determination that Cora’s answer upon the application was “substantially untrue,” although not intentionally made, and that the company would not have issued the policy if it had *50 been aware of the true state of the florist shop’s financial affairs,…”
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— Ky. Rev. Stat. § 304.14-110(1) — 2 cases
Century Sur. Co. v. Herald (W.D. Ky. 2025).
Tapp (E.D. Ky. 2026). “First, Plaintiff suggests that “any determination as to [her husband’s insurability] should not be made from the [standpoint] of what was known at the time of the application,” but rather, from the standpoint of what was known at the time of her husband’s death.”
— Ky. Rev. Stat. § 304.14-110(2) — 3 cases
Nationwide Mut. Fire Ins. v. Nelson, 912 F. Supp. 2d 452 (E.D. Ky. 2012). “See Ky.Rev.Stat. § 304.14-110. The Nelsons admit this.”
Tapp (E.D. Ky. 2026). “First, Plaintiff suggests that “any determination as to [her husband’s insurability] should not be made from the [standpoint] of what was known at the time of the application,” but rather, from the standpoint of what was known at the time of her husband’s death.”
Betty Baldwin v. Kentucky Nat'l Ins. Co. (Ky. Ct. App. 2024). “KRS 304.14-110 controls where a misrepresentation is made in an insurance application.”
— Ky. Rev. Stat. § 304.14-110(3) — 3 cases
Hornback v. Bankers Life Ins. Co., 176 S.W.3d 699 (Ky. Ct. App. 2005). “See Crouch, supra; KRS 304.14-110. Such was the case here. The judgment of the Taylor Circuit Court is affirmed.”
Tapp (E.D. Ky. 2026). “First, Plaintiff suggests that “any determination as to [her husband’s insurability] should not be made from the [standpoint] of what was known at the time of the application,” but rather, from the standpoint of what was known at the time of her husband’s death.”
Betty Baldwin v. Kentucky Nat'l Ins. Co. (Ky. Ct. App. 2024). “KRS 304.14-110 controls where a misrepresentation is made in an insurance application.”
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