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KRS 304.14-110

Representations in applications

Known as the Long-term Care Insurance Act

The act spans §§ 304.14-010 to 304.14-675 (77 sections).

Applied in 17 court decisions — leading case State Automobile Mutual Insurance v. Spray (1977)

Most recently applied in 357 F. Supp. 3d 598 - Nationwide Mut. Fire Ins. Co. v. Hatton (January 2019)

Effective: April 4, 1994 History: Amended 1994 Ky

How often courts cite this section

19771980199020002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

All statements and descriptions in any application for an insurance policy or annuity contract, by or on behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, and incorrect statements shall not prevent a recovery under the policy or contract unless either:

(1) Fraudulent; or (2) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or (3) The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate, or would not have issued a policy or contract in as large an amount, or would not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise. This subsection shall not apply to applications taken for workers' compensation insurance coverage.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.