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

Ky. Rev. Stat. § 304.39-045 (2026)

Exclusion from coverage as operator by agreement

✓ current as of May 2026
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In an automobile liability insurance policy, the insurer and the named insured may agree to exclude any member of the household not a spouse or dependent from coverage as the operator of an insured vehicle. The names of persons excluded shall be set forth in the policy or in an endorsement that is signed by both parties. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 101, sec. 1, effective July 13, 1990.

Notes of Decisions
Cited in 3 cases, 2000–2018 · leading case: Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008).
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Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008). · cites it 4× “While, the legislature ultimately allowed certain people to be excluded from insurance coverage through the passage of KRS § 304.39-045, Beacon makes clear that this Court can and will see that the General Assembly's clear intent—that all Kentucky motorists should have auto,…”
Kentucky Ins. Guar. Ass'n v. Jeffers Ex Rel. Jeffers, 13 S.W.3d 606 (Ky. 2000). · cites it 2× “, supra , decided only fourteen months before Peabody Coal , this Court refused to give retroactive application to the enactment of KRS 304.39-045 (permitting a "named driver" exclusion in a policy of liability insurance), despite explicitly conceding in the opinion that the…”
Gov't Emps. Ins. Co. v. Sanders, 569 S.W.3d 923 (Mo. Ct. App. 2018). “KRS 304.39-045. Pursuant to KRS 304.39-040 (4), an operator or passenger on a motorcycle is not entitled to BRB unless BRB has been purchased as optional coverage.”
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