KRS 304.39-241

Insured's direction of payment of benefits among elements of loss -- Direction of payment to reimburse for medical expenses already paid

Applied in 6 court decisions — leading case Neurodiagnostics, Inc. v. Kentucky Farm Bureau Mutual Insurance Co. (2008)

Most recently applied in Hughes and Coleman, Pllc v. Ann Clark Chambers of the Estate of James W. Chambers (August 2017)

Effective: July 12, 2012 History: Amended 2012 Ky

How often courts cite this section

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.

An insured may direct the payment of benefits among the different elements of loss, if the direction is provided in writing to the reparation obligor. A reparation obligor shall honor the written direction of benefits provided by an insured on a prospective basis. The insured may also explicitly direct the payment of benefits for related medical expenses already paid arising from a covered loss to reimburse:

(1) A health benefit plan as defined by KRS 304.17A-005(22);

(2) A limited health service benefit plan as defined by KRS 304.17C-010;

(3) Medicaid;

(4) Medicare; or (5) A Medicare supplement provider.

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