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286.4-560 Insurance.
(1)
(2)
(3)
(4)
A licensee may request a borrower to insure tangible personal property, except
household goods, offered as security for a loan exceeding three hundred dollars
($300) under this subtitle against any substantial risk of loss, damage, or destruction
for an amount not to exceed the actual value of such property or the approximate
amount of the loan, whichever is greater, and for a term and upon conditions which
are reasonable and appropriate considering the nature of the property and the
maturity and other circumstances of the loan; provided such insurance is sold by a
licensed agent, broker, or solicitor. The licensee may also request and secure credit
property insurance on the tangible personal property, except that no part of the cost
thereof shall be charged to the borrower unless the insurer agrees that it will not
exercise its right to subrogation against the borrower under the licensee's policy.
A licensee may also request, provide, obtain, or take as security for any loan
obligation insurance on the life, unemployment, health, or disability, or all, of the
borrower, or two (2) of them if there are two (2) or more. Life insurance shall be in
the approximate amount of the indebtedness scheduled to be due the licensee under
the loan contract. Not more than one (1) policy of life insurance may be written in
connection with any loan transaction under this subtitle. The aggregate amount of
periodic benefits payable by any unemployment, health, or disability insurance
provided, obtained, or requested by the licensee in the event of unemployment or
disability, as defined in the policy, shall not exceed the aggregate of the scheduled
installments and the waiting period provided in such policy must be fourteen (14)
days or longer. The premium rate for insurance provided under this section shall be
reasonable in relation to the benefits provided and shall be filed with the
commissioner of insurance. The commissioner of insurance shall, within thirty (30)
days after the filing of any premium rate, disapprove such premium rate if it is
excessive in relation to the benefits. In determining whether to approve or
disapprove any premium rate, the commissioner of insurance shall give due
consideration to the unemployment, mortality, and morbidity costs with respect to
such insurance on borrowers under this subtitle or similar acts in other states, a
reasonable margin for underwriting expenses and profit and contingencies to the
insurer, and cost and compensation to the licensees for providing and servicing such
insurance, plus the premium taxes payable on such insurance.
In accepting any insurance provided for by this section as security for a loan the
licensee, its officers, agents, or employees may deduct the premiums or identifiable
charge therefor from the proceeds of the loan, which premium or identifiable charge
shall not exceed the rate filed with the commissioner of insurance and not
disapproved and remit such premiums to the insurance company writing such
insurance and any gain or advantage to the licensee or any employee, officer,
director, agent, affiliate, or associate from such insurance or its sale shall not be
considered as additional or further charge in connection with any loan made under
this subtitle. The arranging for and collecting of an identifiable charge shall not be
deemed the sale of insurance.
Every insurance policy or certificate written in connection with a loan transaction
(5)
(6)
pursuant to subsection (2) of this section shall provide for cancellation of coverage
and a refund of the premium or identifiable charge unearned upon the discharge of
the loan obligation for which such insurance is security without prejudice to any
claim. Such refund shall be under a formula filed by the insurer with the
commissioner of insurance.
Whenever insurance is written in connection with a loan transaction pursuant to this
section, the licensee shall deliver or cause to be delivered to the borrower a policy,
certificate, memorandum, or other disclosure which shall show the coverages and
the cost thereof, if any, to the borrower within thirty (30) days from the date of the
loan.
All such insurance shall be written by a company authorized to conduct such
business in this state and the licensee shall not require the purchase of such
insurance from any agent or broker designated by the licensee nor shall the licensee
decline existing coverages which equal or exceed the standards of this section.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 58, sec. 1, effective July 15, 2014. -- Amended
2010 Ky. Acts ch. 24, sec. 665, effective July 15, 2010. -- Amended 1992 Ky. Acts
ch. 222, sec. 3, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 53, sec. 4,
effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 48, sec. 3. -- Created 1960
Ky. Acts ch. 204, sec. 16, effective June 16, 1960.
Formerly codified as KRS 288.560.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286, and KRS references within
this statute have been adjusted to conform with the 2006 renumbering of that code.
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