SB 29 — AN ACT relating to property and casualty insurance and declaring an emergency.

UNOFFICIALCHAPTER COPY27 241 RSCHAPTER 27 ( SB 29/EN29 ) AN ACT relating to property and casualty insurance and declaring an emergency.

or Page 1 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN (c) Assigning rights to seek damages related to a personal injury or tort case, arising from a settlement, verdict, or resulting judgment against the insured that is in excess of the insured's liability insurance coverage, subject to defenses available under Kentucky law.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) "Motor vehicle glass repair shop" means any person, including the person's employees and agents, that for consideration engages in the repair or replacement of damaged motor vehicle glass;

Page 2 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN 1.

Page 3 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN SECTION 3.

CHAPTER 27 3 (3) A motor vehicle glass repair shop shall not contract with a person for a repair or replacement of damaged motor vehicle glass until:

The motor vehicle glass repair shop has received a claim or referral Page 4 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN number for the claim referenced under subparagraph 1.

of this subparagraph, that the motor vehicle Page 5 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN should be taken to the vehicle manufacturer's certified dealership or a qualified specialist capable of performing the calibration or recalibration;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Shall not charge higher fees and costs to an insured for a repair or replacement of damaged motor vehicle glass than are reasonable and customarily charged in Kentucky;

(b) Upon completion of a repair or replacement of damaged motor vehicle Page 6 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN glass, shall provide an insured:

and Page 7 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN b.

Perform work that is clearly and substantially beyond the level of work necessary to restore the motor vehicle to a safe pre-pre-damaged damaged condition in accordance with accepted or approved reasonable and customary techniques for the repair or replacement of damaged motor vehicle glass;

(b) In any action brought under this subsection, if the court finds that the motor vehicle glass repair shop or other person has violated this section, the Page 8 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN plaintiff may:

CHAPTER 27 5 1.

(2) Every insurer shall make available, upon request, to its insureds underinsured motorist coverage, whereby, subject to the terms and conditions of the[such] coverage not inconsistent with this section, the insurance company agrees to pay its Page 9 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN own insured for such uncompensated damages as he or she may recover on account of injury due to a motor vehicle accident because the judgment recovered against the owner of the other vehicle exceeds the liability policy limits thereon, to the extent of the underinsurance policy limits on the vehicle of the party recovering.

Thereafter, upon final resolution of the underinsured motorist Page 10 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN claim, the underinsured motorist insurer is entitled to seek subrogation against:

(5) (a) Except as provided in paragraph (b) of this subsection, the underinsured motorist insurer is entitled to a credit against total damages caused by or as a result of a motor vehicle accident in the amount of the limits of the underinsured motorist's liability policies in all cases to which this section applies, even if Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY the settlement with the underinsured motorist under subsection (3) of this section or the payment by the underinsured motorist insurer under subsection (4) of this section is for less than the underinsured motorist's full liability policy limits.[ The term "total damages" as used in this section means the full amount of damages determined to have been sustained by the injured party, regardless of the amount of underinsured motorist coverage.

Page 11 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN 1.

(b) While the assignment is in effect, and regardless of when it was made, the insurer shall be entitled to deal with the assignee as the owner of the rights and benefits in accordance with the terms of the assignment and without prejudice to the insurer on account of any lawful action taken or payment Page 12 of 13 SB002920.100 - 1268 - XXXX 3/27/2024 4:06 PM Engrossed UNOFFICIAL COPY 24 RS SB 29/EN made by the insurer prior to receipt by the insurer at its principal office of written notice of the assignment or of the termination thereof.

PageSigned 13by ofGovernor 13April SB002920.1002, -2024. 1268 - XXXX 3/27/2024 4:06 PM Engrossed

CHAPTER 27 7 Legislative Research Commission PDF Version