806 KAR 39:030. Kentucky no-fault rejection form.


      RELATES TO: KRS 304.39-060

      STATUTORY AUTHORITY: KRS 304.2-110, 304.39-300

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 304.2-110 provides that the Executive Director of Insurance may promulgate administrative regulations necessary for or as an aid to the effectuation of any provisions of the Kentucky Insurance Code. KRS 304.39-060 requires the Office of Insurance to prescribe a form whereby any person may reject limitations on his tort rights and liabilities. This administrative regulation establishes the "Kentucky No-fault Rejection Form" and its use.


      Section 1. Any person may refuse to consent to the limitation of his tort rights and liabilities by filing with the Office of Insurance a "Kentucky No-Fault Rejection Form". The "Kentucky No-Fault Rejection Form" shall contain an advisory providing information as to no-fault benefits and the effects of rejection, so each person may make an informed decision as to rejecting no-fault benefits.


      Section 2. Members of the same household may indicate their rejections on the same form, but each individual shall execute the form on his own behalf unless he is under legal disability. The policyholder shall send the original and one (1) copy of the form to the Office of Insurance. Upon receipt of the properly completed forms, the Office of Insurance shall stamp the copy with the date filed and return it to the policyholder for his or her records. A rejection is effective upon filing with the Department of Insurance and remains effective unless revoked by submission of revocation of the rejection on the form made a part of this administrative regulation, or is superseded by the filing of a subsequent rejection form.


      Section 3. Where a guardian or committee has been appointed for a person under a legal disability, in order to reject, the guardian or committee shall execute the rejection on behalf of the ward. A rejection for a minor under eighteen (18) years of age must be executed by a parent, if there is no guardian or committee. A rejection executed by a parent or guardian is valid only so long as the individual is under legal disability.


      Section 4. Each policyholder of an automobile liability insurance policy shall send to his insurance company a copy of any rejection form filed with the Office of Insurance, involving any member of his household who is not a policyholder.


      Section 5. Incorporation by Reference. (1) NF-1(a)(b)(c) P and C, "Kentucky No-Fault Rejection Form" (09/00), is incorporated by reference.

      (2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Kentucky Office of Insurance, 215 West Main Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Office of Insurance Web site: http://doi.ppr.ky.gov/kentucky/. (1 Ky.R. 879; eff. 5-14-75; Am. 27 Ky.R. 1498; 2158; eff. 2-15-2001; TAm eff. 8-9-2007.)