Can I require customers to sign liability waivers in Kentucky? What are the requirements?

Yes, based on our review of Kentucky law, it appears that you may be able to require customers to sign liability waivers, but waivers that violate public policy, are unconscionable, or are contrary to fundamental principles of justice will not be enforceable ^[2.2]. However, it is important to note that if you are performing any acts of doing an insurance business in Kentucky without specific authorization by statute, you may be subject to certain requirements for defense of action and reports to the commissioner ^[2.1]. Additionally, the Unauthorized Insurer’s Law exempts certain insurance companies and underwriters from the provisions of KRS 304.11-020 to 304.11-050, including those issuing contracts of insurance to industrial insureds, government entity insureds, and exempt commercial policyholders ^[2.3].

Source(s):

• [2.1] Service of process on unauthorized persons doing acts of insurance business in Kentucky – Requirements for defense of action – Reports to commissioner required.
• [2.2] Prohibition of unauthorized insurance business – Applicability of law – Liability of person acting as agent – Commissioner’s power to enjoin.
• [2.3] Unauthorized Insurer’s Law – Exemptions.

Jurisdiction

Kentucky

• General