(1) If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits, unless he has rejected the limitation upon his tort rights as provided in KRS 304.39-060(4).
(2) If the accident causing injury occurs outside this Commonwealth but within the United States, its territories and possessions, or Canada, the following persons and their survivors suffering loss from injury arising out of maintenance or use of a motor vehicle have a right to basic reparation benefits:
(a) Basic reparation insureds;
(b) The driver and other occupants of a secured vehicle who have not rejected the limitation upon their tort rights, other than:
1. A vehicle, except for a vehicle as provided in paragraph (c) of this subsection, which is regularly used in the course of the business of transporting persons or property and which is one (1) of five (5) or more vehicles under common ownership; or
2. A vehicle owned by an obligated government other than this Commonwealth, its political subdivisions, municipal corporations, or public agencies; and
(c) The driver and other occupants of a bus, who have not rejected the limitation upon their tort rights, are Kentucky residents, and boarded a bus in Kentucky, if the bus is:
1. A secured vehicle;
2. Registered in Kentucky;
3. Regularly used in the course of the business of transporting persons or property; and
4. One (1) of five (5) or more vehicles under common ownership. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 372, sec. 1, effective July 14, 2000. -- Created 1974 Ky. Acts ch. 385, sec. 3, effective July 1, 1975.
Notes of Decisions
Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008).
· cites it 12× “Along those lines, the language of KRS § 304.39-030 broadly provides for basic reparation benefits for car accident victims.”
Mullins v. Commonwealth Life Ins. Co., 839 S.W.2d 245 (Ky. 1992).
· cites it 2× “20-020(1), KRS 304.39-030, and KRS 304.39-110], but elected to require it to be furnished only “upon request.”
Coots v. Allstate Ins. Co., 853 S.W.2d 895 (Ky. 1993).
· cites it 2× “The MVRA elsewhere requires: (2) Unless specifically "rejected" (KRS 304.39-030), automobile insurers must provide basic reparation benefits ("BRB") which "shall be paid without regard to fault" (KRS 304.”
Kentucky Farm Bureau Mut. Ins. Co. v. McKinney, 831 S.W.2d 164 (Ky. 1992).
· cites it 2× “, the policy limits, for "payment of tort liabilities," and elsewhere in the MVRA KRS 304.39-030 provides for the right to BRB "from injury arising out of maintenance or use of a motor vehicle.”
Kentucky Farm Bureau Mut. Ins. Co. v. Hall, 807 S.W.2d 954 (Ky. Ct. App. 1991).
· cites it 4× “KRS 304.39-030(1) provides in pertinent part, "If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 2× “[9] KRS 304.39-030. [10] KRS 304.39-060. [11] KRS 304.”
Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001).
· cites it 2× “” 23 However, [njotwithstanding [the right to basic reparation benefits recognized in KRS 304.39-030], no operator or passenger on a motorcycle is entitled to basic reparation benefits from any source for injuries arising out of the maintenance or use of such a motorcycle unless…”
Gov't Emps. Ins. Co. v. Sanders, 569 S.W.3d 923 (Mo. Ct. App. 2018).
“Under the provisions of KRS 304.39-030, the claimant would not be entitled to BRB if he has rejected the limitation of his tort rights as provided in KRS 304.”
Blue Cross & Blue Shield of Kentucky, Inc. v. Baxter, 713 S.W.2d 478 (Ky. Ct. App. 1986).
· cites it 2× “39-020(2), (5), and KRS 304.39-030. In addition to her no-fault coverage, Helen (a state employee) was covered under a certain group health policy issued by appellant, Blue Cross & Blue Shield of Kentucky (Blue Cross), providing for payment of medical expenses.”
Stewart v. ELCO Admin. Servs., Inc., 313 S.W.3d 117 (Ky. Ct. App. 2010).
· cites it 6× “The language of KRS § 304.39-030 broadly provides for basic reparation benefits for car accident victims.”
— Ky. Rev. Stat. § 304.39-030(1) — 36 cases
Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008).
“Along those lines, the language of KRS § 304.39-030 broadly provides for basic reparation benefits for car accident victims.”
Kentucky Farm Bureau Mut. Ins. Co. v. Hall, 807 S.W.2d 954 (Ky. Ct. App. 1991).
“KRS 304.39-030(1) provides in pertinent part, "If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits.”
— Ky. Rev. Stat. § 304.39-030(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.