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

Ky. Rev. Stat. § 304.39-100 (2026)

Included coverages

✓ current as of May 2026
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(1) An insurance contract which purports to provide coverage for basic reparation benefits or is sold with representation that it provides security covering a motor vehicle has the legal effect of including all coverages required by this subtitle.

(2) An insurer authorized to transact or transacting business in this Commonwealth shall file with the commissioner of insurance as a condition of its continued transaction of business within this Commonwealth a form approved by the commissioner of insurance declaring that in any contract of liability insurance for injury, wherever issued, covering the ownership, maintenance or use of a motor vehicle other than motorcycles while the vehicle is in this Commonwealth shall be deemed to provide the basic reparation benefits coverage and minimum security for tort liabilities required by this subtitle, except a contract which provides coverage only for liability in excess of required minimum tort liability coverage. Any nonadmitted insurer may file such form. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1527, effective July 15, 2010. -- Amended 1976 Ky. Acts ch. 75, sec. 3, effective March 29, 1976. -- Created 1974 Ky. Acts ch. 385, sec. 10, effective July 1, 1975.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1975–2025 · leading case: State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004).
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State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004). · cites it 6× “, KRS 304.39-100(2): An insurer authorized to transact or transacting business in this Commonwealth shall file .”
Dairyland Ins. Co. v. Assigned Claims Plan, 666 S.W.2d 746 (Ky. 1984). · cites it 6× “Moreover, this uninsured vehicle provision is made mandatory under KRS 304.39-100(1), which requires that all policies covering basic reparation benefits shall have the legal effect of including all coverages provided in Subtitle 39.”
Hugenberg v. West Am. Ins. Co./Ohio Cas. Grp., 249 S.W.3d 174 (Ky. Ct. App. 2006). “]” 72 And, under KRS 304.39-100, Liberty Mutual would not be permitted to offer Dauwe less coverage than the minimum required by the MVRA.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975). · cites it 2× “KRS 304.39-100(2). [6] KRS 304.99-050. [7] Property damage is not covered.”
State Farm Mut. Auto. Ins. Co. v. Hodgkiss-Warrick, 413 S.W.3d 875 (Ky. 2013). “While the MVRA mandates that Kentucky motorists have minimum liability coverage, KRS 304.39-100 and .39-110, the MVRA unequivocally provides that under-insured motorist coverage is optional.”
Moore v. State Farm Mut. Ins. Co., 710 S.W.2d 225 (Ky. 1986). · cites it 2× “KRS 304.39-100(1); KRS 304.39-080(5). She then argues that loss of consortium is a tort liability which must be provided for under the MVRA.”
State Farm Mut. Auto. Ins. Co. v. Tennessee Farmers Mut. Ins. Co., 785 S.W.2d 520 (Ky. Ct. App. 1990). · cites it 3× “748: Dairyland has filed the required form under this statute [KRS 304.39-100(2)], being authorized to do business in this state.”
Bonnlander v. Leader Nat'l Ins., 949 S.W.2d 618 (Ky. Ct. App. 1996). “The declarations *621 filed by appellees pursuant to KRS 304.39-100(2) only require that appellees provide basic reparations benefits and the statutory minimum tort liability insurance on any covered vehicle while it is in the state of Kentucky.”
Stinnett v. Mulquin, 579 S.W.2d 374 (Ky. Ct. App. 1978). · cites it 3× “2) The trial court committed reversible error when it interpreted KRS 304.39-100(2) as abolishing the tort right of nonresidents insured by companies doing business in the state of Kentucky.”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999). “39-140(1) requires the reparation obligor (Anthem/Decatur) to provide added reparation benefits “if requested by the insured,” and the coverage at issue obviously was requested by the Walkers. The Court of Appeals agreed, concluding that “ARB’s are but extensions of BRB’s,”…”
Snodgrass v. Farm Mut. Auto. Ins. Co., 992 S.W.2d 855 (Ky. Ct. App. 1998). “We held as follows: The declarations filed by [the insurance companies] pursuant to KRS 304.39-100(2) only require that [the companies] provide basic reparations benefits and the statutory minimum tort liability insurance on any covered vehicle while it is in the state of…”
Rees v. United States Fid. & Guar. Co., 715 S.W.2d 904 (Ky. Ct. App. 1986). “See KRS 304.39-100. The judgment of the trial court is affirmed to the extent that it holds that USF & G is relieved from coverage for tort liability.”
Show all 19 citing cases →
Ky. Rev. Stat. § 304.39-100(1): 3 cases
Moore v. State Farm Mut. Ins. Co., 710 S.W.2d 225 (Ky. 1986). “KRS 304.39-100(1); KRS 304.39-080(5). She then argues that loss of consortium is a tort liability which must be provided for under the MVRA.”
Dairyland Ins. Co. v. Assigned Claims Plan, 666 S.W.2d 746 (Ky. 1984). “Moreover, this uninsured vehicle provision is made mandatory under KRS 304.39-100(1), which requires that all policies covering basic reparation benefits shall have the legal effect of including all coverages provided in Subtitle 39.”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999). “39-140(1) requires the reparation obligor (Anthem/Decatur) to provide added reparation benefits “if requested by the insured,” and the coverage at issue obviously was requested by the Walkers. The Court of Appeals agreed, concluding that “ARB’s are but extensions of BRB’s,”…”
Ky. Rev. Stat. § 304.39-100(2): 11 cases
State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004). “, KRS 304.39-100(2): An insurer authorized to transact or transacting business in this Commonwealth shall file .”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975). “KRS 304.39-100(2). [6] KRS 304.99-050. [7] Property damage is not covered.”
Dairyland Ins. Co. v. Assigned Claims Plan, 666 S.W.2d 746 (Ky. 1984). “Moreover, this uninsured vehicle provision is made mandatory under KRS 304.39-100(1), which requires that all policies covering basic reparation benefits shall have the legal effect of including all coverages provided in Subtitle 39.”
State Farm Mut. Auto. Ins. Co. v. Tennessee Farmers Mut. Ins. Co., 785 S.W.2d 520 (Ky. Ct. App. 1990). “748: Dairyland has filed the required form under this statute [KRS 304.39-100(2)], being authorized to do business in this state.”
Bonnlander v. Leader Nat'l Ins., 949 S.W.2d 618 (Ky. Ct. App. 1996). “The declarations *621 filed by appellees pursuant to KRS 304.39-100(2) only require that appellees provide basic reparations benefits and the statutory minimum tort liability insurance on any covered vehicle while it is in the state of Kentucky.”
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