806 KAR 39:070. Proof of motor vehicle
insurance.
RELATES
TO: KRS 186.021(3), 186A.040, 186A.042, 186A.095, 304.39-080, 304.39-083,
304.39-085, 304.39-087, 304.39-090, 304.39-117
STATUTORY
AUTHORITY: KRS 186.021(3), 304.2-110(1), 304.39-117(1), 304.39-300
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 186.021(3)
requires the commissioner of the Department of Insurance to promulgate an
administrative regulation to establish the manner for presenting proof of motor
vehicle insurance to a county clerk. KRS 304.2-110(1) and 304.39-300 authorize
the commissioner to promulgate administrative regulations necessary for or as
an aid to enforce the insurance code. KRS 304.39-117(1) requires the Department
of Insurance to promulgate an administrative regulation that establishes the
requirements for the proof of insurance that an insurer shall give to an
insured. This administrative regulation establishes the requirements for the
proof of insurance; the methods for reporting coverage provided for personal
motor vehicles insured on a personal lines motor vehicle policy; the methods
for presenting proof of motor vehicle insurance to a county clerk or peace
officer; and the requirements for notifying the Department of Vehicle Regulation
if a binder, contract, or commercial policy of motor vehicle insurance is
cancelled or not renewed.
Section
1. Definitions. (1) "Commissioner" is defined by KRS 304.1-050(1).
(2)
"Department" is defined by KRS 304.1-050(2).
(3)
"Insurer" means an insurer under KRS 304.1-040.
(4)
"Motor vehicle insurance policy" means an insurance contract that
provides security covering a motor vehicle required to be registered pursuant
to KRS 186.020 and insured pursuant to KRS 186.021 and 304.39-080.
(5)
"Person" is defined by KRS 304.1-020.
(6)
"Personal lines motor vehicle policy" means an insurance policy,
issued by an insurance carrier authorized to do business in the Commonwealth of
Kentucky, which insures a personal motor vehicle.
(7)
"VIN" means the vehicle identification number of a motor vehicle.
Section
2. Proof of Insurance to be Provided by Insurers. (1) The proof of insurance required
by KRS 304.39-117 shall be provided to the insured when a policy is issued, renewed,
or amended to include a vehicle. An insurer electing to provide proof of insurance
in an electronic format shall provide a printed proof of insurance unless the
insured requests to receive proof of insurance in electronic format.
(2)
Printed proof of insurance card.
(a)
Two (2) copies of the printed proof of insurance card shall be provided for
each motor vehicle insured under a motor vehicle insurance policy.
(b)
Size and format of the printed proof of insurance card.
1.
The printed proof of insurance card shall be:
a.
A two and one-fourth (2 1/4) inch by three and one-half (3 1/2) inch card;
b.
A two and one-fourth (2 1/4) inch by seven (7) inch card with a vertical fold
resulting in a two and one-fourth (2 1/4) inch by three and one-half (3 1/2)
inch card;
c.
A four and one-half (4 1/2) inch by three and one-half (3 1/2) inch card with a
horizontal fold resulting in a two and one-fourth (2 1/4) inch by three and
one-half (3 1/2) inch card; or
d.
A substantially similar size to the dimensions established in clauses a.
through c. of this subparagraph.
2.
The printed insurance card shall be on white paper with black or blue ink.
(3)
Proof of insurance in an electronic format.
(a)
Proof of insurance in an electronic format shall be downloaded from or transmitted
by the insurer or agent to the insured.
(b)
Proof of insurance in an electronic format shall not include a photographic
copy of a paper insurance card on a portable electronic device.
(4)
Mandatory contents of the proof of insurance. In either paper or electronic
format, the proof of insurance shall prominently display the following
information, in the order listed:
(a)
Title: "COMMONWEALTH OF KENTUCKY PROOF OF INSURANCE";
(b)
The name of the insurance company and its five (5) digit code number assigned
by the National Association of Insurance Commissioners (NAIC), or the name of
the Self-Insured Group and the group ID number provided by the department;
(c)
The name of the named insured;
(d)
The effective date and expiration date of coverage. If the policy is amended to
add an identified vehicle midterm, the effective date on the card shall be the
effective date of the amendment;
(e)
The policy number;
(f)
The type of policy:
1.
If the policy is a personal lines motor vehicle policy for which premium is
reported on the NAIC Annual Statement line 19.1 or 19.2, the insurer shall indicate
the policy type as "Personal" or "PL"; or
2.
If the policy is a commercial lines motor vehicle policy for which premium is
reported on the NAIC Annual Statement line 19.3 or 19.4, the insurer shall
indicate the policy type as "Commercial" or "CL"; and
(g)
The vehicle or vehicles insured:
1.
If the type of policy is personal lines (PL), the year, make, model, and VIN of
each motor vehicle; or
2.
If the type of policy is commercial lines (CL), and:
a.
If the insurance contract covers four (4) or fewer vehicles, the year, make,
model and VIN of each motor vehicle; or
b.
If the insurance contract covers five (5) or more motor vehicles, it may state
"Fleet" or the insurer may elect to include the year, make, model,
and the VIN of each motor vehicle.
(5)
Other information to be provided to the insured. The insurer shall:
(a)
Include the following information on the proof of insurance if the information
required by subsection (4) of this section is not obscured:
1.
The insurer's logo;
2.
A statement that establishes the procedure for contacting the insurer
concerning a claim; and
3.
The insurer's address; or
(b)
Include the information listed in paragraph (a) of this subsection on a
separate document or electronic image provided with the proof of insurance.
(6)
An insurer shall furnish with the proof of insurance the following information:
(a)
Instructions that the insured shall keep a copy of the proof of insurance in
each motor vehicle covered by the policy at all times;
(b)
Information as to whether or not the policy is a personal lines motor vehicle
policy and whether or not the vehicle has been reported as an insured personal
motor vehicle;
1.
If so, the insured shall be informed that:
a.
The proof of coverage information has been reported electronically to the
Department of Vehicle Regulation; and
b.
If the VIN does not appear in the database, the insured may be required to
present proof of insurance to the county clerk for issuance of a replacement
plate, decal, or registration certificate or renewal as alternative evidence of
proof of coverage; or
2.
If not, the insured shall be instructed to present proof of insurance to the
county clerk for issuance of a replacement plate, decal, or registration
certificate or renewal as evidence of proof of coverage; and
(c)
Instructions to compare the VIN appearing on the registration, insurance policy
and proof of insurance to the VIN affixed to the vehicle.
1.
If the VIN on the motor vehicle title and registration and the VIN on the motor
vehicle do not match, the policyholder shall contact the county clerk to have
the title and registration corrected.
2.
If the VIN on the proof of insurance and the motor vehicle do not match, the
policyholder shall contact the insurer to have the insurance policy and card
corrected. The insurer shall provide the name, address, and telephone number of
an insurer representative to contact concerning a discrepancy. The telephone
number shall be:
a.
The phone number of a local agent of the insurer; or
b.
A toll-free telephone number of the insurer.
Section
3. Methods of Proving Motor Vehicle Insurance. One (1) of the following methods
shall be used to prove that motor vehicle insurance is in effect when
registering a motor vehicle:
(1)
The VIN appears as an insured motor vehicle in the Department of Vehicle
Regulation’s database;
(2)
Proof of current insurance in paper or electronic format:
(a)
If the database does not list the VIN of a vehicle insured on a personal lines
motor vehicle (PL) policy, the proof of coverage shall indicate the proof was
effective no more than forty-five (45) days prior to submission to the county
clerk; and
(b)
The county clerk may require the proof of coverage to be sent directly to the
clerk by the agent or company;
(3)
A certificate of insurance issued by an insurance agent
with a casualty line of authority licensed by Kentucky;
(4)
An insurance contract with a declaration page attached showing that the policy
is in effect when the motor vehicle is being registered or transferred;
(5)
A letter from the Kentucky Automobile Insurance Plan serving as prima facie
evidence of insurance in force;
(6)
If the owner of the motor vehicle is serving in the armed forces outside
Kentucky, an affidavit by the provost marshal of the base where the person is
stationed stating that the motor vehicle is covered by an automobile liability
insurance policy; or
(7)
A letter from the Kentucky Department of Insurance serving as prima facie
evidence of self-insurance pursuant to KRS 304.39-080(7).
Section
4. Beginning January 1, 2006, and each month thereafter, an insurer shall
submit information on each vehicle covered by a personal lines motor vehicle
policy according to the rules contained in Section 2.1 of the Kentucky Automobile
Liability Insurance Reporting Guide.
Section
5. For motor vehicles insured under a commercial lines or fleet policy, each
insurer shall report cancellations pursuant to Part 2.2 of the Kentucky
Automobile Liability Insurance Reporting Guide.
Section
6. An insurance agent shall submit to the Department of Vehicle Regulation a
completed Form TC96-30 if the purchaser of a binder or temporary insurance
contract cancels the binder or contract before the agent has submitted the
application to the insurance company.
Section
7. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Kentucky Automobile Liability Insurance Reporting Guide",
Transportation Cabinet, Department of Vehicle Regulation (Version 1.6,
8/15/2005 edition); and
(b)
"Form No. TC 96-30, Motor Vehicle Insurance Agent Insurance Binder
Cancellation Form (5/05 edition)", Kentucky Transportation Cabinet,
Department of Motor Vehicle Regulation.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Vehicle Regulation, P. O. Box 2014, 200
Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30
p.m. The material may also be obtained at the Transportation Cabinet Web site: http://transportation.ky.gov/mvl/home.htm. The
material may also be obtained at the Department of Insurance Web site: http://insurance.ky.gov. (11 Ky.R. 685; Am.
975; eff. 11-13-84; 1661; 12 Ky.R. 19; 125; eff. 7-9-85; 14 Ky.R. 2063; 15
Ky.R. 15; eff. 7-1-88; 24 Ky.R. 764; 1264; eff. 12-15-97; 32 Ky.R. 362; 695;
888; eff. 12-2-2005; 40 Ky.R. 1141; 1723; 2132; eff. 4-4-2014.)
