Kentucky Revised Statutes

Ky. Rev. Stat. § 342.365 (2026)

Policy to waive improper notice and be direct promise to employee

✓ current as of May 2026
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No policy of insurance against liability for compensation arising under this chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to it all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default in the giving of any notice required by such policy, or otherwise. This agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation, enforceable in his name. Effective: October 1, 1942. History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4951.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2001–2025 · leading case: Blackstone Mining Co. v. Travelers Ins. Co., 351 S.W.3d 193 (Ky. 2011).
Blackstone Mining Co. v. Travelers Ins. Co., 351 S.W.3d 193 (Ky. 2011). · cites it 2× “Moreover, KRS 342.365 requires that a carrier issuing a policy against liability under [the Act] must agree to pay promptly "all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon" and that the carrier's agreement…”
AIG/AIU Ins. Co. v. South Akers Mining Co., 192 S.W.3d 687 (Ky. 2006). · cites it 2× “KRS 342.365 requires that a carrier issuing a policy against liability under Chapter 342 must agree to pay promptly “all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon” and that the carrier’s agreement “shall be…”
Custard Ins. Adjusters, Inc. v. Aldridge, 57 S.W.3d 284 (Ky. 2001). · cites it 2× “) KRS 342.365—requires workers’ compensation insurance policies to contain an agreement by the insurer to promptly pay all benefits to those workers who are entitled to receive them and also provides that the agreement is to be construed as a direct promise between the insurer…”
Encova Mut. Ins. Grp. (Formerly Brickstreet Mut. Ins. Co.) v. Roger Hall (Ky. 2025). · cites it 7× “KRS 342.365 construes any workers’ compensation insurance policy as a direct promise between carrier and employee and imposes an obligation onto the carrier to promptly pay all benefits due under the Act.”
Kentucky Associated Gen. Contractors Self-Ins. Fund v. Music Constr., Inc., 299 S.W.3d 586 (Ky. 2009). · cites it 2× “The court agreed, also pointing to KRS 342.365. KRS 342.365 requires a workers’ compensation carrier to agree to pay promptly all benefits conferred by Chapter 342 and construes the agreement as a direct promise to the injured worker, which is enforceable in the worker’s name.”
Kentucky Employers' Mut. Ins. v. Roger Hall (Ky. Ct. App. 2024). · cites it 2× “KRS 342.365. All of these provisions are crucial to the intent and purpose of the Act, to provide prompt coverage for our Commonwealth’s injured workers.”
Blackstone Mining Co. v. Travelers Ins. Co. (Ky. 2010). “Moreover, KRS 342.365 requires that a carrier issuing a policy against liability under [the Act] must agree to pay promptly "all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon" and that the carrier's agreement…”
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