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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) Except as provided in paragraphs (b) and (c) of this subsection, a contractor, or person representing a contractor, shall not represent, negotiate, or advertise to represent or negotiate on behalf of any insured on any insurance claim in connection with the provision of goods or services relating to real estate.
(b) Nothing in this subsection shall be construed to prohibit a contractor, or person representing a contractor, from:
1. Providing an estimate for the provision of goods or services relating to real estate; or
2. Conferring with an insurance company's representative about damage to real estate after a claim has been submitted by an insured.
(c) This subsection shall not apply to a public adjuster licensed under Subtitle 9 of KRS Chapter 304.
(2) Where goods or services relating to real estate are expected to be paid from property, casualty, or property and casualty insurance proceeds, a contractor or person representing a contractor shall not:
(a) Cause damage to any part of the real estate in order to increase the scope of goods or services provided, or encourage a person to cause damage to any part of the real estate in order to secure a contract for goods or services;
(b) Offer to pay or rebate all or any portion of an insurance deductible or claims proceeds as an inducement to the sale of goods or services by a contractor;
(c) Grant an allowance or discount against the fee to be charged by a contractor;
(d) Pay or offer to pay the insured, or his or her representative, for whom services have been or will be performed, for any reason, any form of compensation in excess of one hundred dollars ($100), including but not limited to a:
1. Bonus;
2. Coupon;
3. Credit;
4. Gift;
5. Prize;
6. Referral fee; or
7. Any other item having a monetary value; or
(e) File or claim a mechanic's lien pursuant to KRS 376.010 against an insured by reason of the insured's failure or refusal to pay any excess charge over and above the amount paid or expected to be paid by an insurer under a property, casualty, or property and casualty insurance policy.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXIX. Commerce and Trade § 367.628.Acts prohibited for contractor - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxix-commerce-and-trade/ky-rev-st-sect-367-628/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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