The Kentucky Department of Insurance (Department) has issued Advisory Opinion 2022-0002, which clarifies the Department’s interpretation of the requirement for insurers to notify insureds of their right to reject the limitation of their tort rights. This Advisory Opinion was issued May 26, 2022, and was effective upon that day. Every insurance company when issuing an automobile policy to a resident of Kentucky must inform the buyer in writing in a form prescribed by the insurance commissioner of his or her right to reject the limitations of the tort rights. In the context of this statute, the Department interprets the word “issuing” to mean that the prescribed form must be delivered to the insured at the following times:
1.) the initial issuance of a new policy, but not at subsequent renewals of that policy; and
2.) at the addition of any drivers to a policy.