All policies insuring the payment of compensation under this chapter shall contain a
clause to the effect that as between the employer and the insurer the notice to or
knowledge of the occurrence of the injury on the part of the insured shall be considered
notice or knowledge, as the case may be, on the part of the insurer; that jurisdiction of the
insured for the purpose of this chapter shall be jurisdiction of the insurer; and that the
insurer shall in all things be bound by and subject to the awards, judgments or decrees
rendered against the insured.
Effective: October 1, 1942.
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4950.
Notes of Decisions
Custard Ins. Adjusters, Inc. v. Aldridge, 57 S.W.3d 284 (Ky. 2001).
· cites it 2× “360—charges the insurer with the employer’s notice or knowledge of the injury; provides that “jurisdiction of the insured for the purpose of this chapter shall be jurisdiction of the insurer;” and provides that “the insurer shall in all things be bound by and subject to the…”
Trico Cnty. Dev. & Pipeline v. Smith, 289 S.W.3d 538 (Ky. 2008).
· cites it 2× “" Although KRS 342.360 requires all workers' compensation policies to provide that knowledge of an injury by the insured employer constitutes notice to the employer's insurance carrier, it neither states nor implies that notice to the carrier constitutes notice to the employer.”
Fruchtenicht v. United States Fid. & Guar. Co., 451 S.W.2d 835 (Ky. Ct. App. 1969).
“On the contrary, KRS 342.360 expressly states that the insurer “shall in all things be bound by and subject to the awards, judgments or decrees rendered against the insured.”
Cody v. Combs, 194 S.W.2d 525 (Ky. Ct. App. 1946).
“265, which provides in part, “if the employe and employer reach an agreement conforming to the provisions of this chapter in regard to compensation, a memorandum of the agreement shall be filed with the board, and if approved by it, shall be enforceable as is herein provided for…”
Ky. Rev. Stat. § 342.360(9): 1 case
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