(1) On and after July 1, 1975, each reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be required to provide added reparation benefits for economic loss in units of ten thousand dollars ($10,000) per person subject to the lesser of:
(a) Forty thousand dollars ($40,000) in added reparation benefits; or
(b) The limit of security provided for liability to any one (1) person in excess of the requirements of KRS 304.39-110(1)(a).
(2) Each basic reparation obligor shall be permitted to incorporate in added reparation benefits coverage such terms, conditions and exclusions as may be consistent with premiums charged. The amounts payable under added reparation benefits may be duplicative of benefits received from collateral source benefits, or may provide for reasonable waiting periods, deductibles or coinsurance provision. The added reparation obligor shall be subrogated, subject to KRS 304.39-070 and 304.39-300, to the injured person's right of recovery against any responsible third party.
(3) If the injured person, or injured persons, is entitled to damages under KRS 304.39- 060 from the liability insurer of a second person, a self-insurer or an obligated government, collection of such damages shall have priority over the rights of the subrogee for its reimbursement of basic or added reparation benefits paid to or in behalf of such injured person or persons.
(4) Basic reparation insurers shall make available upon request deductibles in the amounts of two hundred fifty dollars ($250), five hundred dollars ($500) and one thousand dollars ($1,000) from all basic reparation benefits otherwise payable, except that if two (2) or more basic reparation insureds to whom the deductible is applicable under the contract of insurance are injured in the same accident, the aggregate amount of the deductible applicable to all of them shall not exceed the specified deductible, which amount where necessary shall be allocated equally among them. Any person who is a basic reparation insured under an insurance policy issued with no deductible or with a deductible of a lesser amount than that under which he receives basic reparation benefits payments, shall be entitled to be paid under such policy the difference between the benefits he is actually paid and the benefits which would have been paid had his benefits been payable under such policy.
(5) Reparation obligors shall make available upon request to those persons who have rejected their tort limitations, in accordance with KRS 304.39-060(4), basic reparation benefits coverage and added reparation benefits. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 215, sec. 3, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385, sec. 14, effective July 1, 1975.
Notes of Decisions
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
· cites it 18× “As required by KRS 304.39-140(1), the ARB coverage was offered in increments of $10,000, $20,000, $30,000 or $40,000 per person: [E]ach reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be…”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
· cites it 6× “39-110(1)(c), and the added reparation benefits (ARB) statute, KRS 304.39-140, which also define coverages that are personal to the insured.”
State Farm Mut. Auto. Ins. Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993).
· cites it 6× “The language of KRS 304.39-140-(2) provides that: Each basic reparation obligor shall be permitted to incorporate in added reparation benefits coverage such terms, conditions and exclusions as may be consistent with premiums charged .”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999).
· cites it 4× “) Instead, she argued, as she does here, that the exclusion is void, because KRS 304.39-140(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.”
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
· cites it 2× “This provision, KRS 304.39-140(3), states: If the injured person, or injured persons, is entitled to damages under KRS 304.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 2× “" KRS 304.39-140, 304.39-020(1). [16] KRS 304.”
United States Fid. & Guar. Co. v. Smith, 580 S.W.2d 216 (Ky. 1979).
· cites it 3× “was not a statutory “subrogee” in the sense that term is used in other provisions of the concerned statutory sections such as KRS 304.39-140(3), because its insured’s tort rights were asserted against “a secured person.”
Bishop v. Allstate Ins. Co., 623 S.W.2d 865 (Ky. 1981).
“Our legislature did not include these sections in the MVRA, although it adopted a provision for optional additional reparation benefits which could be subject to exclusions, KRS 304.39-140. Omitting sections 12,14 and 15 of the Uniform Act clearly indicates that our lawmakers…”
Saxe v. State Farm Mut. Auto. Ins., 955 S.W.2d 188 (Ky. Ct. App. 1997).
· cites it 3× “KRS 304.39-140, the statute authorizing added reparation benefits, specifically provides that “[t]he added reparation obligor *191 shall be subrogated, subject to KRS 304.”
Coy v. Metro. Prop. & Cas. Ins. Co., 920 S.W.2d 73 (Ky. Ct. App. 1995).
· cites it 5× “” It does not address the additional benefits in excess of $10,000 which are set forth in KRS 304.39-140. Furthermore, KRS 304.39-020(2) states that “ ‘Basic reparation benefits’ mean benefits providing reimbursement for net loss suffered through injury arising out of the…”
— Ky. Rev. Stat. § 304.39-140(1) — 5 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“As required by KRS 304.39-140(1), the ARB coverage was offered in increments of $10,000, $20,000, $30,000 or $40,000 per person: [E]ach reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be…”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
“39-110(1)(c), and the added reparation benefits (ARB) statute, KRS 304.39-140, which also define coverages that are personal to the insured.”
State Farm Mut. Auto. Ins. Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993).
“The language of KRS 304.39-140-(2) provides that: Each basic reparation obligor shall be permitted to incorporate in added reparation benefits coverage such terms, conditions and exclusions as may be consistent with premiums charged .”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999).
“) Instead, she argued, as she does here, that the exclusion is void, because KRS 304.39-140(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.”
— Ky. Rev. Stat. § 304.39-140(1)(b) — 1 case
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“As required by KRS 304.39-140(1), the ARB coverage was offered in increments of $10,000, $20,000, $30,000 or $40,000 per person: [E]ach reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be…”
— Ky. Rev. Stat. § 304.39-140(2) — 5 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“As required by KRS 304.39-140(1), the ARB coverage was offered in increments of $10,000, $20,000, $30,000 or $40,000 per person: [E]ach reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be…”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
“39-110(1)(c), and the added reparation benefits (ARB) statute, KRS 304.39-140, which also define coverages that are personal to the insured.”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999).
“) Instead, she argued, as she does here, that the exclusion is void, because KRS 304.39-140(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.”
State Farm Mut. Auto. Ins. Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993).
“The language of KRS 304.39-140-(2) provides that: Each basic reparation obligor shall be permitted to incorporate in added reparation benefits coverage such terms, conditions and exclusions as may be consistent with premiums charged .”
— Ky. Rev. Stat. § 304.39-140(3) — 14 cases
Wine v. Globe Am. Cas. Co., 917 S.W.2d 558 (Ky. 1996).
“This provision, KRS 304.39-140(3), states: If the injured person, or injured persons, is entitled to damages under KRS 304.”
United States Fid. & Guar. Co. v. Smith, 580 S.W.2d 216 (Ky. 1979).
“was not a statutory “subrogee” in the sense that term is used in other provisions of the concerned statutory sections such as KRS 304.39-140(3), because its insured’s tort rights were asserted against “a secured person.”
— Ky. Rev. Stat. § 304.39-140(4) — 1 case
Coy v. Metro. Prop. & Cas. Ins. Co., 920 S.W.2d 73 (Ky. Ct. App. 1995).
“” It does not address the additional benefits in excess of $10,000 which are set forth in KRS 304.39-140. Furthermore, KRS 304.39-020(2) states that “ ‘Basic reparation benefits’ mean benefits providing reimbursement for net loss suffered through injury arising out of the…”
— Ky. Rev. Stat. § 304.39-140(l)(b) — 2 cases
Lawson v. Helton Sanitation, Inc., 34 S.W.3d 52 (Ky. 2001).
“As required by KRS 304.39-140(1), the ARB coverage was offered in increments of $10,000, $20,000, $30,000 or $40,000 per person: [E]ach reparation obligor of the owner of a vehicle required to be registered in this Commonwealth shall, upon the request of a reparation insured, be…”
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