(1) The requirement of security for payment of tort liabilities is fulfilled by providing:
(a) Either:
1. Split limits liability coverage of not less than twenty-five thousand dollars ($25,000) for all damages arising out of bodily injury sustained by any one (1) person, and not less than fifty thousand dollars ($50,000) for all damages arising out of bodily injury sustained by all persons injured as a result of any one (1) accident, plus liability coverage of not less than twenty-five thousand dollars ($25,000) for all damages arising out of damage to or destruction of property, including the loss of use thereof, as a result of any one (1) accident arising out of ownership, maintenance, use, loading, or unloading, of the secured vehicle; or
2. Single limits liability coverage of not less than sixty thousand dollars ($60,000) for all damages whether arising out of bodily injury or damage to property as a result of any one (1) accident arising out of ownership, maintenance, use, loading, or unloading, of the secured vehicle;
(b) That the liability coverages apply to accidents during the contract period in a territorial area not less than the United States of America, its territories and possessions, and Canada; and
(c) Basic reparation benefits as defined in KRS 304.39-020(2).
(2) Subject to the provisions on approval of terms and forms, the requirement of security for payment of tort liabilities may be met by a contract the coverage of which is secondary or excess to other applicable valid and collectible liability insurance. To the extent the secondary or excess coverage applies to liability within the minimum security required by this subtitle it must be subject to conditions consistent with the system of required liability insurance established by this subtitle.
(3) Security for a motorcycle is fulfilled by providing only the coverages set forth in subsections (1)(a) and (b) of this section. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 157, sec. 1, effective June 29, 2017. -- Amended 1986 Ky. Acts ch. 437, sec. 31, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 19, sec. 2, effective July 13, 1984; and ch. 86, sec. 1, effective July 13, 1984. -- Amended 1976 Ky. Acts ch. 75, sec. 4, effective March 29, 1976. -- Created 1974 Ky. Acts ch. 385, sec. 11, effective July 1, 1975. Legislative Research Commission Note (6/29/2017). 2017 Ky. Acts ch. 157, sec. 3 provided that amendments made to subsection (1) of this statute in 2017 Ky. Acts ch. 157, sec. 1 regarding the required minimum tort liability for motor vehicle damage to property shall apply to policies issued or renewed on or after January 1, 2018.
Notes of Decisions
State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004).
· cites it 10× “The trial judge also found that the automobile policy contained an "out-of-state" coverage provision, which reduced the amount of Larry Marley's liability coverage to the minimum policy limits required by the Kentucky Motor Vehicle Reparations Act, KRS 304.”
Philadelphia Indem. Ins. Co., Inc. v. Richard Tryon, 502 S.W.3d 585 (Ky. 2016).
· cites it 4× “7 KRS 304.39-110. 8 KRS 304.39-320(1). 5 request to its insureds," but "subject to the terms and conditions of such coverage not inconsistent with this section.”
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
· cites it 9× “39-080(5) and KRS 304.39-110(1)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.”
Mullins v. Commonwealth Life Ins. Co., 839 S.W.2d 245 (Ky. 1992).
· cites it 3× “39-030(1), a statute covering basic reparations benefits, with language found in KRS 304.39-110, a statute covering tort liability.”
Bidwell v. Shelter Mut. Ins. Co., 367 S.W.3d 585 (Ky. 2012).
· cites it 6× “See KRS 304.39-110. Bidwell argued that the provision was unenforceable and that the $250,000 listed on the Declarations page of the policy was therefore available for her claim.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
· cites it 4× “in limits for bodily injury or death set forth in KRS 304.39-110... 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…”
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
· cites it 4× “The foregoing statute provides, in part, that coverage shall be in the amounts required for bodily injury or death set forth in KRS 304.39-110, the mandatory liability insurance statute.”
Transp. Ins. Co. v. Ford, 886 S.W.2d 901 (Ky. Ct. App. 1994).
· cites it 4× “KRS 304.39-110(1). Section (2) also allows for a combination of the $50,000/$10,000 coverage equating $60,000 for all damages of any type arising out of any one accident.”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999).
· cites it 6× “39-080(5)(compulsory insurance), KRS 304.39-110 (minimum liability limits), and KRS 304.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 4× “[26] A person involved in an accident who does not have BRB insurance but does have the required amount of tort liability coverage (KRS 304.39-110) is deemed to have rejected limitation of his tort rights and liabilities for that particular accident.”
Coots v. Allstate Ins. Co., 853 S.W.2d 895 (Ky. 1993).
· cites it 2× “39-040(1)); and, (3) For compulsory tort liability insurance (KRS 304.39-110). All three of these coverages are mandatory in the sense that the automobile insurer is required by statute to provide such coverage: the underinsured motorist coverage if the insured requests it, the…”
— Ky. Rev. Stat. § 304.39-110(1) — 10 cases
State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004).
“The trial judge also found that the automobile policy contained an "out-of-state" coverage provision, which reduced the amount of Larry Marley's liability coverage to the minimum policy limits required by the Kentucky Motor Vehicle Reparations Act, KRS 304.”
Transp. Ins. Co. v. Ford, 886 S.W.2d 901 (Ky. Ct. App. 1994).
“KRS 304.39-110(1). Section (2) also allows for a combination of the $50,000/$10,000 coverage equating $60,000 for all damages of any type arising out of any one accident.”
Mullins v. Commonwealth Life Ins. Co., 839 S.W.2d 245 (Ky. 1992).
“39-030(1), a statute covering basic reparations benefits, with language found in KRS 304.39-110, a statute covering tort liability.”
— Ky. Rev. Stat. § 304.39-110(1)(a) — 6 cases
State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004).
“The trial judge also found that the automobile policy contained an "out-of-state" coverage provision, which reduced the amount of Larry Marley's liability coverage to the minimum policy limits required by the Kentucky Motor Vehicle Reparations Act, KRS 304.”
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“39-080(5) and KRS 304.39-110(1)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999).
“39-080(5)(compulsory insurance), KRS 304.39-110 (minimum liability limits), and KRS 304.”
— Ky. Rev. Stat. § 304.39-110(1)(a)(1) — 1 case
— Ky. Rev. Stat. § 304.39-110(1)(c) — 2 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“39-080(5) and KRS 304.39-110(1)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
“in limits for bodily injury or death set forth in KRS 304.39-110... 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…”
— Ky. Rev. Stat. § 304.39-110(2) — 4 cases
State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33 (Ky. 2004).
“The trial judge also found that the automobile policy contained an "out-of-state" coverage provision, which reduced the amount of Larry Marley's liability coverage to the minimum policy limits required by the Kentucky Motor Vehicle Reparations Act, KRS 304.”
Transp. Ins. Co. v. Ford, 886 S.W.2d 901 (Ky. Ct. App. 1994).
“KRS 304.39-110(1). Section (2) also allows for a combination of the $50,000/$10,000 coverage equating $60,000 for all damages of any type arising out of any one accident.”
— Ky. Rev. Stat. § 304.39-110(l)(a) — 7 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“39-080(5) and KRS 304.39-110(1)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999).
“39-080(5)(compulsory insurance), KRS 304.39-110 (minimum liability limits), and KRS 304.”
— Ky. Rev. Stat. § 304.39-110(l)(a)(l) — 1 case
— Ky. Rev. Stat. § 304.39-110(l)(c) — 3 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“39-080(5) and KRS 304.39-110(1)(a), described in Part A of the policy, with limits of $25,000 per person, $50,000 per accident, and $25,000 property damage (premium: $56.”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
“in limits for bodily injury or death set forth in KRS 304.39-110... 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…”
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