Ky. Rev. Stat. § 412.080

Action by surety who pays, against principal -- Against cosurety

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If a surety pays any part of a debt or liability for which he is bound as surety, he may recover the amount, with interest from time of payment, from the principal by action at law or by motion, after ten (10) days' notice in writing. He may also sue a cosurety, separately or as a joint defendant with the principal, in such proceeding, and in like manner recover judgment against him, separately or jointly, at the same time, for his proper part of the debt or liability so paid, as if the sureties were the sole obligors. If one (1) or more of several cosureties is insolvent, or resides out of the state, the recovery against the solvent and resident sureties shall also be for a proper part of the share of liability pertaining to the insolvent or nonresident surety. If the surety afterwards makes further payment on the debt or liability, he may again have like remedy therefor. But nothing in this section shall preclude the party sued from making any defense that might have been made against the original demand, unless the payment was made after and in consequence of a judgment in an action of which he had notice. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4665.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1953–2025 · leading case: Grubbs v. Slater

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Grubbs v. Slater (1953) kyctapp “KRS 412.080 reads thus’ in part: “If a surety pays any part of a debt or liability for which he is bound as surety, he may recover the amount, with interest from time of payment, from the principal by action at law or by motion, after ten days’ notice in writing.”

Moss v. Smith (1962) kyctapp “A point is raised concerning Lie-breich’s right to move for a cross-appeal. This grows out of the fact that the surety paid the recovery rendered against him, including the interest and costs, into circuit court.”

Phoenix Ins. Co. v. Wehr Constructors, Inc. (2025) ca6 · cites it 2× “See Ky. Rev. Stat. Ann. § 412.080 (West 2024).”

Non-Marine Underwriters at Lloyd's London v. Carrs Fork Coal Co. (1967) kyctapp “In the trial court, entitlement to any priority status has been denied the sureties, that court holding, in effect, that the sureties were entitled to reimbursement from the general assets of the Carrs Fork Coal Company as indemnitees only and on a level with common creditors,…”

KENTUCKY INSURANCE GUARANTY ASSOCIATION v. S&A CONSTRUCTORS, LLC (2022) paed · cites it 2× “Non-Contract Claims In addition to claiming reimbursement under the Indemnity Agreement, Plaintiff asserts claims under multiple common law theories as well as under a Kentucky statute relating to sureties, Ky. Rev. Stat. § 412.080. It is unclear whether Plaintiff seeks partial…”

Ohio Casualty Insurance Co. v. Wilson (1996) kyctapp “This choice for the jury was not a proper statement of the law.”

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