What Representations and Warranties Insurance Requirements Apply in Kentucky?

Kentucky generally allows 10 years under Ky. Rev. Stat. § 413.160 for written contracts executed on or after July 15, 2014, subject to claim-specific exceptions and accrual rules. That statutory filing period does not set the survival date negotiated for each representation or the insurer’s reporting window; if Kentucky is the insured’s home state, the surplus-lines tax rate is 3% and 1.8%.

What Is Representations and Warranties Insurance?

Representations and warranties insurance can cover a buyer’s or seller’s loss from inaccurate statements in a stock or asset purchase agreement. For a business sale, check who is insured, who can recover and how known issues are treated. Read the national Representations and warranties guide.

What to Watch for With Representations and Warranties in Kentucky

  • Separate The Statute From The Survival Schedule

    Ky. Rev. Stat. § 413.160 provides 10 years for written contracts executed on or after July 15, 2014. Ask deal counsel to list a separate survival end date for each representation, then compare those dates with the insurer’s claim-reporting deadline. 1

  • Confirm When A Contract Claim Accrues

    Kentucky measures the cited contract period from accrual; Ky. Rev. Stat. § 413.160 covers written contracts executed on or after July 15, 2014. For an R&W placement, ask counsel to identify the alleged breach date and put it beside the purchase-agreement survival date and policy notice deadline. 1

  • Show Home-State Tax In The Closing Costs

    Federal law assigns nonadmitted premium-tax authority to the insured’s home state. If Kentucky is the home state for your R&W policy, 3% on Kentucky-home-state premiums and other premium consideration applies under KRS 304.10-180. Ask the broker to state the tax base and any separate stamping or filing charge in the closing funds flow. 3,2

Providers With Kentucky License Records

These providers publish a national listing for Representations and warranties; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Kentucky. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 14

    Corgi lists representations and warranties insurance for M&A buyers and sellers.

Who Regulates Insurance in Kentucky?

Kentucky Department of Insurance

The Kentucky Department of Insurance licenses agents and insurers, monitors the insurance market, and accepts complaints about insurance companies and agents. You can use its state lookup or complaint service to check a license or raise an insurance issue. 4,5,6

Surplus-Lines Tax and Stamping Office in Kentucky

Reported tax rate. 3% on Kentucky-home-state premiums and other premium consideration; separate 1.8% surcharge on eligible risks located in Kentucky, subject to statutory exceptions; applicable local-government premium tax may also apply 7,10,8,9,11

When Kentucky is the insured's home state, the state tax is 3% of premium and other consideration treated as premium; local-government premium taxes may also apply. A separate 1.8% surcharge generally applies to Kentucky risks, but state law exempts multistate nonadmitted risks and specified government and nonprofit premiums. The broker must make a diligent effort to place coverage with an admitted carrier before using surplus lines.

Questions to Ask Before You Buy Representations and Warranties in Kentucky

  1. Which Kentucky limitation period and accrual rule apply to each seller representation, and does the governing-law clause point to a different state?
  2. Can you put each negotiated representation survival date, the escrow release date, and the policy reporting deadline on one closing calendar?
  3. If the policy is placed on a surplus-lines basis, is Kentucky the insured’s home state, what tax base applies, and who remits the tax?
  4. Which state bulk-sale notice, tax-clearance, or successor-liability issues should the deal team evaluate for this asset or stock purchase?

Representations and Warranties Insurance in Kentucky: FAQ

How long is the written-contract limitation period in Kentucky?

10 years under Ky. Rev. Stat. § 413.160 for written contracts executed on or after July 15, 2014. Accrual, claim classification, and statutory exceptions can change which period applies. 1

Does Kentucky’s contract limitation period set the R&W survival period?

No. Ky. Rev. Stat. § 413.160 sets a court-filing limit for written contracts executed on or after July 15, 2014; it does not set the negotiated survival end date for a representation or the separate deadline to notify the insurer. 1

What surplus-lines tax applies to an R&W policy in Kentucky?

3% on Kentucky-home-state premiums and other premium consideration when Kentucky is the insured’s home state, under KRS 304.10-180. Federal law assigns the premium-tax obligation to the home state; ask the broker to show the home-state and tax calculation on the closing statement. 2,3

Representations and Warranties Insurance Guides for Other States

Other coverage in KentuckyEvery coverage guide for Kentucky, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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