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304.39-140 Optional additional benefits.
(1)
(2)
(3)
(4)
(5)
On and after July 1, 1975, each reparation obligor of the owner of a vehicle
required to be registered in this Commonwealth shall, upon the request of a
reparation insured, be required to provide added reparation benefits for
economic loss in units of ten thousand dollars ($10,000) per person subject to
the lesser of:
(a) Forty thousand dollars ($40,000) in added reparation benefits; or
(b) The limit of security provided for liability to any one (1) person in excess
of the requirements of KRS 304.39-110(1)(a).
Each basic reparation obligor shall be permitted to incorporate in added
reparation benefits coverage such terms, conditions and exclusions as may be
consistent with premiums charged. The amounts payable under added
reparation benefits may be duplicative of benefits received from collateral
source benefits, or may provide for reasonable waiting periods, deductibles or
coinsurance provision. The added reparation obligor shall be subrogated,
subject to KRS 304.39-070 and 304.39-300, to the injured person's right of
recovery against any responsible third party.
If the injured person, or injured persons, is entitled to damages under KRS
304.39-060 from the liability insurer of a second person, a self-insurer or an
obligated government, collection of such damages shall have priority over the
rights of the subrogee for its reimbursement of basic or added reparation
benefits paid to or in behalf of such injured person or persons.
Basic reparation insurers shall make available upon request deductibles in the
amounts of two hundred fifty dollars ($250), five hundred dollars ($500) and
one thousand dollars ($1,000) from all basic reparation benefits otherwise
payable, except that if two (2) or more basic reparation insureds to whom the
deductible is applicable under the contract of insurance are injured in the same
accident, the aggregate amount of the deductible applicable to all of them shall
not exceed the specified deductible, which amount where necessary shall be
allocated equally among them. Any person who is a basic reparation insured
under an insurance policy issued with no deductible or with a deductible of a
lesser amount than that under which he receives basic reparation benefits
payments, shall be entitled to be paid under such policy the difference between
the benefits he is actually paid and the benefits which would have been paid
had his benefits been payable under such policy.
Reparation obligors shall make available upon request to those persons who
have rejected their tort limitations, in accordance with KRS 304.39-060(4),
basic reparation benefits coverage and added reparation benefits.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 215, sec. 3, effective June 17, 1978. -Created 1974 Ky. Acts ch. 385, sec. 14, effective July 1, 1975.
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