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Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-220 (2026)

Fees of claimant's attorney

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(1) If overdue benefits are recovered in an action against the reparation obligor or paid by the reparation obligor after receipt of notice of the attorney's representation, a reasonable attorney's fee for advising and representing a claimant on a claim or in an action for basic or added reparation benefits may be awarded by the court if the denial or delay was without reasonable foundation. No part of the fee for representing the claimant in connection with these benefits is a charge against benefits otherwise due the claimant.

(2) In any action brought against the insured by the reparation obligor, the court may award the insured's attorney a reasonable attorney's fee for defending the action. Effective: July 1, 1975 History: Created 1974 Ky. Acts ch. 385, sec. 22, effective July 1, 1975.

Notes of Decisions
Cited in 26 cases (15 in the last 5 years), 1978–2025 · leading case: Foster v. Kentucky Farm Bureau Mut. Ins. Co., 189 S.W.3d 553 (Ky. 2006).
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Foster v. Kentucky Farm Bureau Mut. Ins. Co., 189 S.W.3d 553 (Ky. 2006). · cites it 8× “39-210 and KRS 304.39-220. Foster was injured in an automobile accident in 1997.”
Auto. Club Ins. Co. v. Lainhart, 609 S.W.2d 692 (Ky. Ct. App. 1980). · cites it 2× “KRS 304.39-220 states that the court may allow a reasonable attorney’s fee if overdue benefits are recovered in the event the denial or delay was without reasonable foundation.”
State Auto. Mut. Ins. Co. v. Outlaw, 575 S.W.2d 489 (Ky. Ct. App. 1978). · cites it 2× “In this motion, Outlaw sought attorney’s fees in the amount of $1,500 under KRS 304.39-220(1), interest on “all unpaid and late payments” and all “remaining and unpaid” benefits.”
Jewell v. Kentucky Sch. Bd. Ass'n, 309 S.W.3d 232 (Ky. 2010). · cites it 2× “39-210, KRS 304.39-220, and KRS 304.39-160. If such evidence (i.”
Moore v. Roberts ex rel. Roberts, 684 S.W.2d 276 (Ky. 1982). · cites it 3× “KRS 304.39-220 allows a reasonable attorney’s fee to be awarded if the denial or delay of benefits from the reparations obli-gor was without reasonable foundation.”
Kentucky Farm Bureau Mut. Ins. Co. v. Roberts ex rel. Roberts, 603 S.W.2d 498 (Ky. Ct. App. 1980). “00 pursuant to KRS 304.39-220. The appellant’s motion for a new trial was overruled and the present appeal followed.”
Phoenix Healthcare of Kentucky, L.L.C. v. Kentucky Farm Bureau Mut. Ins. Co., 120 S.W.3d 726 (Ky. Ct. App. 2003). “39-210 requires basic reparation benefits to be paid within thirty days of receipt of reasonable notice of a claim.”
Phoenix Healthcare v. KY FARM BUREAU MUT., 120 S.W.3d 726 (Ky. Ct. App. 2003). “39-210 requires basic reparation benefits to be paid within thirty days of receipt of reasonable notice of a claim.”
Erie Ins. Exch. v. Megan Johnson, 713 S.W.3d 149 (Ky. 2025). · cites it 8× “39-210 and KRS 304.39-220. 6 On April 11, 2019, Erie simultaneously filed a motion for summary judgment and a motion for interpleader.”
Irvin v. State Farm Mut. Auto. Ins. Co., No. 3:19-cv-00690, 2020 WL 4004808 (W.D. Ky. July 15, 2020). · cites it 7× “39- 210 and KRS 304.39-220, and this is not changed by the fact that the case is ultimately decided against the obligor”).”
Allstate Prop. & Cas. Ins. Co. v. Brittany Brown, No. 2021 CA 001213 (Ky. Ct. App. Feb. 2, 2023). · cites it 6× “Thus, the basic requirements were met for the trial court to award a reasonable attorney fee under KRS 304.39-220. -14- Allstate asserts Brown did not require legal assistance to obtain payment of benefits and that her counsel’s involvement had no bearing on her bills getting…”
Erie Ins. Exch. v. Megan Johnson, No. 2022 CA 001405 (Ky. Ct. App. Dec. 14, 2023). · cites it 6× “39-210 and KRS 304.39-220. KRS 304.39-210(2) states: “Overdue payments bear interest at the rate of twelve percent (12%) per annum, except that if delay was without reasonable foundation the rate of interest shall be eighteen percent (18%) per annum.”
Show all 26 citing cases →
Ky. Rev. Stat. § 304.39-220(1): 17 cases
State Auto. Mut. Ins. Co. v. Outlaw, 575 S.W.2d 489 (Ky. Ct. App. 1978). “In this motion, Outlaw sought attorney’s fees in the amount of $1,500 under KRS 304.39-220(1), interest on “all unpaid and late payments” and all “remaining and unpaid” benefits.”
Irvin v. State Farm Mut. Auto. Ins. Co., No. 3:19-cv-00690, 2020 WL 4004808 (W.D. Ky. July 15, 2020). “39- 210 and KRS 304.39-220, and this is not changed by the fact that the case is ultimately decided against the obligor”).”
Irvin v. State Farm Mut. Auto. Ins. Co., No. 3:21-cv-00540 (W.D. Ky. Mar. 21, 2023).
Hack v. State Farm Fire & Cas. Ins. Co., No. 3:20-cv-00134 (W.D. Ky. Aug. 18, 2020).
Erie Ins. Exch. v. Megan Johnson, 647 S.W.3d 198 (Ky. 2022).
Ky. Rev. Stat. § 304.39-220(2): 2 cases
Erie Ins. Exch. v. Megan Johnson, 713 S.W.3d 149 (Ky. 2025). “39-210 and KRS 304.39-220. 6 On April 11, 2019, Erie simultaneously filed a motion for summary judgment and a motion for interpleader.”
Erie Ins. Exch. v. Megan Johnson, 647 S.W.3d 198 (Ky. 2022).
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