Ky. Rev. Stat. » Chapter 413
Kentucky Revised Statutes

Ky. Rev. Stat. § 413.240 (2026)

Action against surety -- When limitation does not run

✓ current as of May 2026
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The limitations given in KRS 413.220 and 413.230 shall not apply to the time elapsed when there was no executor, administrator or other person authorized to commence an action, nor to the six (6) months during which an action cannot be brought against a personal representative, nor to any delay assented to by the surety in writing. If judgment is rendered for the plaintiff in any case provided for in those sections and it is afterwards reversed or arrested so that the plaintiff takes nothing by it, he may commence another action within one (1) year thereafter. If the surety absconds, conceals himself or by removal from the state or otherwise, obstructs or hinders his being sued the time of such obstruction shall not be counted as part of the time of limitation allowed by those sections. If the judgment is obstructed by appeal, supersedeas or injunction the time of such obstruction shall also be disallowed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2552.

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997).
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Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997). “The court concluded that “the only conditions or acts which do stop the running of statutes of limitation in favor of sureties are prescribed in section 2552,” a predecessor to KRS 413.240. In light of this long-standing case law, we are persuaded the trial judge’s analysis is…”
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