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304.17-090 Notice of claim.
(1)
(2)
There shall be a provision as follows:
"Notice of Claim: Written notice of claim must be given to the insurer within
sixty (60) days after the occurrence or commencement of any loss covered by the
policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf
of the insured or the beneficiary to the insurer at .... (insert the location of such
office as the insurer may designate for the purpose), or to any authorized agent of
the insurer, with information sufficient to identify the insured, shall be deemed
notice to the insurer."
In a policy providing a loss-of-time benefit which may be payable for at least two
(2) years, an insurer may at its option insert the following between the first and
second sentences of the provision contained in subsection (1) of this section:
"Subject to the qualifications set forth below, if the insured suffers loss of
time on account of disability for which indemnity may be payable for at least two
(2) years, he shall at least once in every six (6) months after having given notice of
claim, give to the insurer notice of continuance of said disability, except in the event
of legal incapacity. The period of six (6) months following any filing of proof by the
insured or any payment by the insurer on account of such claim or any denial of
liability in whole or in part by the insurer shall be excluded in applying this
provision. Delay in the giving of such notice shall not impair the insured's right to
any indemnity which would otherwise have accrued during the period of six (6)
months preceding the date on which such notice is actually given."
Effective: June 18, 1970
History: Created 1970 Ky. Acts ch. 301, subtit. 17, sec. 9, effective June 18, 1970.
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