(1) No automobile liability or motor vehicle liability policy of insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in KRS 304.39-110 under provisions approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom; provided that any named insured shall have the right to reject in writing such coverage; and provided further that the rejection shall be valid for all insureds under the policy, and unless a named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal, reinstatement, substitute, replacement, or amended policy issued to the same named insured by the same insurer or any of its affiliates or subsidiaries.
(2) For the purpose of this coverage the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency; an insured motor vehicle with respect to which the amounts provided, under the bodily injury liability bond or insurance policy applicable at the time of the accident with respect to any person or organization legally responsible for the use of such motor vehicle, are less than the limits described in KRS 304.39-110; and an insured motor vehicle to the extent that the amounts provided in the liability coverage applicable at the time of the accident is denied by the insurer writing the same.
(3) Protection against an insurer's insolvency shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after such an accident. Nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.
(4) In the event of payment to any person under the coverage required by this section and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 34, sec. 3, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1307, effective July 15, 2010. -- Amended 1978 Ky. Acts ch. 384, sec. 105, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 301, subtit. 20, sec. 2, effective June 18, 1970.
Notes of Decisions
Dowell v. Safe Auto Ins. Co., 208 S.W.3d 872 (Ky. 2006).
· cites it 36× “[9] While an "uninsured motor vehicle" is not explicitly defined in KRS 304.20-020, the phrase is given its common meaning and the statute articulates three instances where an insured motor vehicle is deemed uninsured for purposes of the statute.”
Kentucky Farm Bureau Mut. Ins. Co. v. McKinney, 831 S.W.2d 164 (Ky. 1992).
· cites it 17× “This uninsured motorist coverage results from the language of KRS 304.20-020 which mandates that such insurance be provided in automobile liability or motor vehicle liability insurance policies in Kentucky, subject, however, to rejection in writing by the named insured.”
Burton v. Farm Bureau Ins. Co., 116 S.W.3d 475 (Ky. 2003).
· cites it 22× “) Appellant asserts that the "physical contact," or "hit," requirement in the respective "hit and run" provisions of the UM endorsements violates the public policy expressed in the UM statute, KRS 304.”
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
· cites it 14× “The public policy of this Commonwealth is found in KRS 304.20-020 whereby automobile insurance carriers doing business in Kentucky are required to furnish uninsured motorist coverage unless such coverage is specifically rejected.”
Ohio Cas. Ins. Co. v. Stanfield, 581 S.W.2d 555 (Ky. 1979).
· cites it 10× “An injured employee of the named insured seeks to "stack" or pyramid the uninsured motorist coverages on all vehicles on which his employer had procured insurance.”
Masler v. State Farm Mut. Auto. Ins. Co., 894 S.W.2d 633 (Ky. 1995).
· cites it 16× “20-020, which insurance is fault-based coverage, the sole issue before the Court becomes whether or not the physical contact as described in the agreed statement of facts considered by both the trial court and the Court of Appeals is sufficient to bring an occurrence within the…”
Hamilton v. Allstate Ins. Co., 789 S.W.2d 751 (Ky. 1990).
· cites it 10× “Relying on the applicable statute (reenacted and recodified as KRS 304.20-020), the Court held that the "other insurance" exclusionary clause in the policy violated the statute and was therefore void.”
Hoffman v. Yellow Cab Co. of Louisville, 57 S.W.3d 257 (Ky. 2001).
· cites it 14× “The UM statute, KRS 304.20-020, is not a part of subtitle 39 of the Insurance Code, but of subtitle 20, and thus does not fall within the "all other obligations imposed by this subtitle" language of subsections (a), (b) and (c); and the "substantially equivalent" clause in…”
Philadelphia Indem. Ins. Co., Inc. v. Richard Tryon, 502 S.W.3d 585 (Ky. 2016).
· cites it 4× “11 KRS 304.20-020(1). 6 supplemental insurance, the subsection relating to casualty-insurance contracts expressly forbids contracts that do not include UM benefits.”
Allstate Ins. Co. v. Dicke, 862 S.W.2d 327 (Ky. 1993).
· cites it 6× “See KRS 304.20-020(1) and KRS 304.39-320(2). It is wholly unnecessary to reiterate our resolution of the issues addressed in Hamilton and Chaffin .”
— Ky. Rev. Stat. § 304.20-020(1) — 34 cases
Hoffman v. Yellow Cab Co. of Louisville, 57 S.W.3d 257 (Ky. 2001).
“The UM statute, KRS 304.20-020, is not a part of subtitle 39 of the Insurance Code, but of subtitle 20, and thus does not fall within the "all other obligations imposed by this subtitle" language of subsections (a), (b) and (c); and the "substantially equivalent" clause in…”
Allstate Ins. Co. v. Dicke, 862 S.W.2d 327 (Ky. 1993).
“See KRS 304.20-020(1) and KRS 304.39-320(2). It is wholly unnecessary to reiterate our resolution of the issues addressed in Hamilton and Chaffin .”
Burton v. Farm Bureau Ins. Co., 116 S.W.3d 475 (Ky. 2003).
“) Appellant asserts that the "physical contact," or "hit," requirement in the respective "hit and run" provisions of the UM endorsements violates the public policy expressed in the UM statute, KRS 304.”
— Ky. Rev. Stat. § 304.20-020(2) — 19 cases
Dowell v. Safe Auto Ins. Co., 208 S.W.3d 872 (Ky. 2006).
“[9] While an "uninsured motor vehicle" is not explicitly defined in KRS 304.20-020, the phrase is given its common meaning and the statute articulates three instances where an insured motor vehicle is deemed uninsured for purposes of the statute.”
Burton v. Farm Bureau Ins. Co., 116 S.W.3d 475 (Ky. 2003).
“) Appellant asserts that the "physical contact," or "hit," requirement in the respective "hit and run" provisions of the UM endorsements violates the public policy expressed in the UM statute, KRS 304.”
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
“The public policy of this Commonwealth is found in KRS 304.20-020 whereby automobile insurance carriers doing business in Kentucky are required to furnish uninsured motorist coverage unless such coverage is specifically rejected.”
Masler v. State Farm Mut. Auto. Ins. Co., 894 S.W.2d 633 (Ky. 1995).
“20-020, which insurance is fault-based coverage, the sole issue before the Court becomes whether or not the physical contact as described in the agreed statement of facts considered by both the trial court and the Court of Appeals is sufficient to bring an occurrence within the…”
— Ky. Rev. Stat. § 304.20-020(3) — 4 cases
— Ky. Rev. Stat. § 304.20-020(4) — 6 cases
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
“The public policy of this Commonwealth is found in KRS 304.20-020 whereby automobile insurance carriers doing business in Kentucky are required to furnish uninsured motorist coverage unless such coverage is specifically rejected.”
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