On December 14, 2021, KY Commissioner Susan Clark issued Advisory Opinion 2021-06 to offer guidance to insurers in their efforts to assist policyholders who have experienced losses as a result of, or have otherwise been affected by, the severe weather on December 10 and 11, 2021. The stay is effective from December 10, 2021, to January 10, 2022. The DOI may extend this deadline based upon an extension of the current State of Emergency.
This Advisory Opinion applies to all insurers, producers, and adjusters transacting insurance business in the following counties: BOYLE, BRECKINRIDGE, BULLITT, CALDWELL, CALLOWAY, CASEY, CHRISTIAN, EDMONSON, FULTON, GRAVES, GRAYSON, GREEN, HARDIN, HART, HICKMAN, HOPKINS, LIVINGSTON, LOGAN, LYON, MARION, MARSHALL, MEADE, MONROE, MUHLENBERG, OHIO, SHELBY, SPENCER, TAYLOR, TODD, AND WARREN.
- Insurers are permitted to extend time periods that, when extended, will be for the benefit of their customers. Such extensions should be for reasonable time periods that will not result in a financial hardship on consumers when the payments become due after the extensions have expired. Under the current State of Emergency declared pursuant to Executive Order 2021-293, such extensions may be provided until January 10, 2022.
- Insurers should refrain from taking action against policyholders such as cancelling policies, non-renewing policies, and implementing rate increases until such time as proper and actual notice can be given.
- Insurers should supply, upon request from a policyholder, a copy of the policy without charge.
- Adjusters: In accordance with KRS 304.9-430(14), temporary registration for emergency independent or staff adjusters shall be issued by the commissioner in the event of a catastrophe declared in Kentucky. Insurers sending unlicensed adjusters to Kentucky to assist with claims from the storms of December 10 and 11, 2021 (Catastrophe Serial No. 2176) must complete a Form 8307 to register the unlicensed catastrophe adjusters. The form must be completed and submitted by the insurer, not the individual adjuster or any other entity. Any Form 8307 shall be submitted electronically through the insurer’s eServices account on the Department’s website at http://insurance.ky.gov. An emergency independent or staff adjuster’s registration shall remain in force for a period not to exceed ninety (90) days, unless extended by the commissioner.