(1) "Security covering the vehicle" is the insurance or other security so provided. The vehicle for which the security is so provided is the "secured vehicle."
(2) "Basic reparation insurance" includes a contract, self-insurance, or other legal means under which the obligation to pay basic reparation benefits arises.
(3) This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6) of this section, security for the payment of basic reparation benefits in accordance with this subtitle for injury arising from maintenance or use of motor vehicles owned by those entities and operated with their permission.
(4) The United States and its public agencies and any other state, its political subdivisions, municipal corporation, and public agencies may provide, pursuant to subsection (6) of this section, security for the payment of basic reparation benefits in accordance with this subtitle for injury arising from maintenance or use of motor vehicles owned by those entities and operated with their permission.
(5) Except for entities described in subsections (3) and (4) of this section, every owner or operator of a motor vehicle registered in this Commonwealth or operated in this Commonwealth with an owner's permission shall continuously provide with respect to the motor vehicle while it is either present or registered in this Commonwealth, and any other person may provide with respect to any motor vehicle, by a contract of insurance or by qualifying as a self-insurer, security for the payment of basic reparation benefits in accordance with this subtitle and security for payment of tort liabilities, arising from maintenance or use of the motor vehicle. The owner of a motor vehicle who fails to maintain security on a motor vehicle in accordance with this subsection shall have his or her motor vehicle registration revoked in accordance with KRS 186A.040 and shall be subject to the penalties in KRS 304.99-060. An owner who permits another person to operate a motor vehicle without security on the motor vehicle as required by this subtitle shall be subject to the penalties in KRS 304.99-060.
(6) Security may be provided by a contract of insurance or by qualifying as a self- insurer or obligated government in compliance with this subtitle.
(7) Self-insurance, subject to approval of the commissioner of insurance, is effected by filing with the commissioner in satisfactory form:
(a) A continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and to perform all other obligations imposed by this subtitle;
(b) Evidence that appropriate provision exists for prompt and efficient administration of all claims, benefits, and obligations provided by this subtitle; and
(c) Evidence that reliable financial arrangements, deposits, or commitments exist providing assurance, substantially equivalent to that afforded by a policy of insurance, complying with this subtitle, for payment of tort liabilities, basic reparation benefits, and all other obligations imposed by this subtitle.
(8) An entity described in subsection (3) or (4) of this section may provide security by lawfully obligating itself to pay basic reparation benefits in accordance with this subtitle.
(9) A person providing security pursuant to subsection (7) of this section is a "self- insurer." An entity described in subsection (3) or (4) of this section that has provided security pursuant to subsection (6) of this section is an "obligated government." Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1526, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 38, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 152, sec. 1, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 442, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 341, sec. 6, effective July 15, 1996. -- Created 1974 Ky. Acts ch. 385, sec. 8, effective July 1, 1975.
Notes of Decisions
Cited in
70
cases (
14 in the last 5 years), 1975–2025 · leading case:
Estes v. Commonwealth, 952 S.W.2d 701 (Ky. 1997).
Estes v. Commonwealth, 952 S.W.2d 701 (Ky. 1997).
· cites it 31× “The court held that without amendment to the substantive section of the statute, KRS 304.39-080, to include operators as well as owners, the amendment to the penalty section of the statute, KRS 304.”
Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000).
· cites it 8× “However, KRS 304.39-080 of the MVRA provides that every owner of a motor vehicle shall continuously provide security for the payment of basic reparations benefits and security for payment of tort liabilities.”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999).
· cites it 21× “39-010; KRS 304.39-080(5). It is Appellant's contention here that when Appellee violated the MVRA and permitted the use of her vehicle without purchasing liability insurance, she chose to be a de facto self-insurer of her car.”
Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000).
· cites it 12× “39-080(5) requires every owner of a motor vehicle registered or operated in Kentucky to provide continuously an insurance contract or other security for payment for basic reparations benefits and tort liabilities arising from the use of the vehicle.”
Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008).
· cites it 8× “Insurance § 4045 (1993); see also KRS § 304.39-080(5) (requiring that insurance be provided for any vehicle that is operated by the, insured or by someone who has the insured's permission to operate the car).”
Kentucky Farm Bureau Mut. Ins. Co. v. Shelter Mut. Ins. Co., 326 S.W.3d 803 (Ky. 2010).
· cites it 5× “KRS 304.39-080. 8 The basic underlying premise is that in the event of an accident, the liable insurer will be readily identifiable and will promptly pay, up to its policy limits, for the injuries suffered.”
City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006).
· cites it 14× “" Further, KRS 304.39-080 provides in pertinent part: (3) This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6), security for the payment of basic reparation benefits in accordance with…”
Hoffman v. Yellow Cab Co. of Louisville, 57 S.W.3d 257 (Ky. 2001).
· cites it 8× “Hoffman argues that UM liability is imposed upon all self-insurers by the Motor Vehicle Reparations Act (MVRA), subtitle 39 of the Kentucky Insurance Code, specifically KRS 304.39-080. That statute requires every owner of a motor vehicle (except an agency of the state or…”
York v. Kentucky Farm Bureau Mut. Ins. Co., 156 S.W.3d 291 (Ky. 2005).
· cites it 6× “KRS 304.39-080(5). In the instant case, Adrian York was not the owner of the vehicle involved in the accident, and did not even have permission to operate the vehicle.”
Hugenberg v. West Am. Ins. Co./Ohio Cas. Grp., 249 S.W.3d 174 (Ky. Ct. App. 2006).
· cites it 3× “” 69 KRS 304.39-080 states, in relevant part, as follows: [Ejvery owner of a motor vehicle registered in this Commonwealth or operated in this Commonwealth by him or with his permission shall continuously provide with respect to the motor vehicle while it is either present or…”
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
· cites it 6× “The declaration page of Lawson's Farm Bureau policy reflects that he purchased the following insurance coverages required by law: (1) Personal injury and property damage liability coverage, as required by KRS 304.39-080(5) and KRS 304.39-110(1)(a), described in Part A of the…”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 6× “) [5] KRS 304.39-080, 304.39-090, 304.39-110. Insurance companies doing business in this state are required to include both coverages in all policies (wherever issued) covering liability arising out of ownership, maintenance or use of an automobile while in this state.”
— Ky. Rev. Stat. § 304.39-080(1) — 8 cases
Kentucky Farm Bureau Mut. Ins. Co. v. Shelter Mut. Ins. Co., 326 S.W.3d 803 (Ky. 2010).
“KRS 304.39-080. 8 The basic underlying premise is that in the event of an accident, the liable insurer will be readily identifiable and will promptly pay, up to its policy limits, for the injuries suffered.”
City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006).
“" Further, KRS 304.39-080 provides in pertinent part: (3) This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6), security for the payment of basic reparation benefits in accordance with…”
— Ky. Rev. Stat. § 304.39-080(3) — 1 case
City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006).
“" Further, KRS 304.39-080 provides in pertinent part: (3) This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6), security for the payment of basic reparation benefits in accordance with…”
— Ky. Rev. Stat. § 304.39-080(4) — 3 cases
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
“) [5] KRS 304.39-080, 304.39-090, 304.39-110. Insurance companies doing business in this state are required to include both coverages in all policies (wherever issued) covering liability arising out of ownership, maintenance or use of an automobile while in this state.”
— Ky. Rev. Stat. § 304.39-080(5) — 42 cases
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999).
“39-010; KRS 304.39-080(5). It is Appellant's contention here that when Appellee violated the MVRA and permitted the use of her vehicle without purchasing liability insurance, she chose to be a de facto self-insurer of her car.”
Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000).
“39-080(5) requires every owner of a motor vehicle registered or operated in Kentucky to provide continuously an insurance contract or other security for payment for basic reparations benefits and tort liabilities arising from the use of the vehicle.”
Mitchell v. Allstate Ins. Co., 244 S.W.3d 59 (Ky. 2008).
“Insurance § 4045 (1993); see also KRS § 304.39-080(5) (requiring that insurance be provided for any vehicle that is operated by the, insured or by someone who has the insured's permission to operate the car).”
York v. Kentucky Farm Bureau Mut. Ins. Co., 156 S.W.3d 291 (Ky. 2005).
“KRS 304.39-080(5). In the instant case, Adrian York was not the owner of the vehicle involved in the accident, and did not even have permission to operate the vehicle.”
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“The declaration page of Lawson's Farm Bureau policy reflects that he purchased the following insurance coverages required by law: (1) Personal injury and property damage liability coverage, as required by KRS 304.39-080(5) and KRS 304.39-110(1)(a), described in Part A of the…”
— Ky. Rev. Stat. § 304.39-080(6) — 2 cases
Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000).
“However, KRS 304.39-080 of the MVRA provides that every owner of a motor vehicle shall continuously provide security for the payment of basic reparations benefits and security for payment of tort liabilities.”
— Ky. Rev. Stat. § 304.39-080(7) — 6 cases
Davidson v. Am. Freightways, Inc., 25 S.W.3d 94 (Ky. 2000).
“However, KRS 304.39-080 of the MVRA provides that every owner of a motor vehicle shall continuously provide security for the payment of basic reparations benefits and security for payment of tort liabilities.”
Hoffman v. Yellow Cab Co. of Louisville, 57 S.W.3d 257 (Ky. 2001).
“Hoffman argues that UM liability is imposed upon all self-insurers by the Motor Vehicle Reparations Act (MVRA), subtitle 39 of the Kentucky Insurance Code, specifically KRS 304.39-080. That statute requires every owner of a motor vehicle (except an agency of the state or…”
City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006).
“" Further, KRS 304.39-080 provides in pertinent part: (3) This Commonwealth, its political subdivisions, municipal corporations, and public agencies may continuously provide, pursuant to subsection (6), security for the payment of basic reparation benefits in accordance with…”
— Ky. Rev. Stat. § 304.39-080(8) — 1 case
Estes v. Commonwealth, 952 S.W.2d 701 (Ky. 1997).
“The court held that without amendment to the substantive section of the statute, KRS 304.39-080, to include operators as well as owners, the amendment to the penalty section of the statute, KRS 304.”
— Ky. Rev. Stat. § 304.39-080(9) — 2 cases
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