40-284.Uninsured motorist coverage and underinsured motoristcoverage; rejection; antistacking provision; exclusions or limitations ofcoverage; subrogation rights of underinsured motorist coverage insurer.(a) No automobile liability insurance policy covering liability arising outof the ownership, maintenance, or use of any motor vehicle shall bedelivered or issued for delivery in this state with respect to any motorvehicle registered or principally garaged in this state, unless thepolicy contains or has endorsed thereon, a provision with coveragelimits equal to the limits of liability coverage for bodily injury or deathin such automobile liability insurance policy sold to the named insuredfor payment of part or all sums whichthe insured or the insured's legal representative shall be legally entitled torecover as damages from the uninsured owner or operator of a motorvehicle because of bodily injury, sickness or disease, including death,resulting therefrom, sustained by the insured, caused by accident andarising out of ownership, maintenance or use of such motor vehicle, orproviding for such payment irrespective of legal liability of theinsured or any other person or organization. No insurer shall berequired to offer, provide or make available coverage conforming to thissection in connection with any excess policy, umbrella policy or any otherpolicy which does not provide primary motor vehicle insurance forliabilities arising out of the ownership, maintenance, operation or use ofa specifically insured motor vehicle.
(b) Any uninsured motorist coverage shall include an underinsured motoristprovision which enables the insured or the insured's legal representativeto recover from the insurer the amount of damages for bodily injury or deathto which the insured is legally entitled from the owner or operator of anothermotor vehicle with coverage limits equal to the limits of liability providedby such uninsured motorist coverage to the extent such coverage exceedsthe limits of the bodily injury coverage carried by the owner or operatorof the other motor vehicle.
(c) The insured named in the policy shall have the right to reject, inwriting, the uninsured motorist coverage required by subsections (a)and (b) whichis in excess of the limits for bodily injury or death set forth in K.S.A.40-3107 and amendments thereto.A rejection byan insured named in the policy of the uninsured motorist coverage shall bea rejection on behalf of all parties insured by the policy.Unless the insured named in the policyrequests such coverage in writing, such coverage need not be provided inany subsequent policy issued by the same insurerfor motor vehicles owned by the named insured, including, but not limitedto, supplemental, renewal, reinstated, transferred or substitute policieswhere the named insured had rejectedthe coverage in connection with a policy previously issued to the insuredby the same insurer.
(d) Coverage under the policy shall be limited to the extent that thetotal limits available cannot exceed the highest limits of any single applicablepolicy, regardless of the number of policies involved, persons covered,claims made, vehicles or premiums shown on the policy or premiums paid orvehicles involved in an accident.
(e) Any insurer may provide for the exclusion or limitation of coverage:
(1) When the insured is occupying or struck by an uninsured automobileor trailer owned or provided for the insured's regular use;
(2) when the uninsured automobile is owned by a self-insurer or anygovernmental entity;
(3) when there is no evidence of physical contact with the uninsuredmotor vehicle and when there is no reliable competent evidence to provethe facts of the accident from a disinterested witness not making claimunder the policy;
(4) to the extent that workers' compensation benefits apply;
(5) when suit is filed against the uninsured motorist without noticeto the insurance carrier; and
(6) to the extent that personal injury protection benefits apply.
(f) An underinsured motorist coverage insurer shall have subrogationrights under the provisions of K.S.A. 40-287 and amendments thereto. If atentative agreement to settle for liability limits has been reached with an underinsured tortfeasor, written noticemust be given by certifiedmail to the underinsured motorist coverage insurer by its insured. Suchwritten notice shall include written documentation of pecuniary lossesincurred, including copies of all medical bills and written authorizationor a court order to obtain reports from all employers and medical providers. Within60 days of receipt of this written notice, the underinsuredmotorist coverage insurer may substitute its payment to the insured forthe tentative settlement amount. The underinsured motorist coverage insureris then subrogated to the insured's right of recovery to the extent of suchpayment and any settlement under the underinsured motorist coverage.If the underinsured motorist coverage insurer fails to pay the insuredthe amount of the tentative tort settlement within 60 days, theunderinsured motorist coverage insurer has no right of subrogationfor any amount paid under the underinsured motorist coverage.
History: L. 1968, ch. 273, § 1; L. 1981, ch. 191, § 1; L. 1984,ch. 167, § 1;L. 1986, ch. 173, § 1;L. 1988, ch. 152, § 1; July 1.
40-284.Uninsured motorist coverage and underinsured motoristcoverage; rejection; antistacking provision; exclusions or limitations ofcoverage; subrogation rights of underinsured motorist coverage insurer.(a) No automobile liability insurance policy covering liability arising outof the ownership, maintenance, or use of any motor vehicle shall bedelivered or issued for delivery in this state with respect to any motorvehicle registered or principally garaged in this state, unless thepolicy contains or has endorsed thereon, a provision with coveragelimits equal to the limits of liability coverage for bodily injury or deathin such automobile liability insurance policy sold to the named insuredfor payment of part or all sums whichthe insured or the insured's legal representative shall be legally entitled torecover as damages from the uninsured owner or operator of a motorvehicle because of bodily injury, sickness or disease, including death,resulting therefrom, sustained by the insured, caused by accident andarising out of ownership, maintenance or use of such motor vehicle, orproviding for such payment irrespective of legal liability of theinsured or any other person or organization. No insurer shall berequired to offer, provide or make available coverage conforming to thissection in connection with any excess policy, umbrella policy or any otherpolicy which does not provide primary motor vehicle insurance forliabilities arising out of the ownership, maintenance, operation or use ofa specifically insured motor vehicle.
(b) Any uninsured motorist coverage shall include an underinsured motoristprovision which enables the insured or the insured's legal representativeto recover from the insurer the amount of damages for bodily injury or deathto which the insured is legally entitled from the owner or operator of anothermotor vehicle with coverage limits equal to the limits of liability providedby such uninsured motorist coverage to the extent such coverage exceedsthe limits of the bodily injury coverage carried by the owner or operatorof the other motor vehicle.
(c) The insured named in the policy shall have the right to reject, inwriting, the uninsured motorist coverage required by subsections (a)and (b) whichis in excess of the limits for bodily injury or death set forth in K.S.A.40-3107 and amendments thereto.A rejection byan insured named in the policy of the uninsured motorist coverage shall bea rejection on behalf of all parties insured by the policy.Unless the insured named in the policyrequests such coverage in writing, such coverage need not be provided inany subsequent policy issued by the same insurerfor motor vehicles owned by the named insured, including, but not limitedto, supplemental, renewal, reinstated, transferred or substitute policieswhere the named insured had rejectedthe coverage in connection with a policy previously issued to the insuredby the same insurer.
(d) Coverage under the policy shall be limited to the extent that thetotal limits available cannot exceed the highest limits of any single applicablepolicy, regardless of the number of policies involved, persons covered,claims made, vehicles or premiums shown on the policy or premiums paid orvehicles involved in an accident.
(e) Any insurer may provide for the exclusion or limitation of coverage:
(1) When the insured is occupying or struck by an uninsured automobileor trailer owned or provided for the insured's regular use;
(2) when the uninsured automobile is owned by a self-insurer or anygovernmental entity;
(3) when there is no evidence of physical contact with the uninsuredmotor vehicle and when there is no reliable competent evidence to provethe facts of the accident from a disinterested witness not making claimunder the policy;
(4) to the extent that workers' compensation benefits apply;
(5) when suit is filed against the uninsured motorist without noticeto the insurance carrier; and
(6) to the extent that personal injury protection benefits apply.
(f) An underinsured motorist coverage insurer shall have subrogationrights under the provisions of K.S.A. 40-287 and amendments thereto. If atentative agreement to settle for liability limits has been reached with an underinsured tortfeasor, written noticemust be given by certifiedmail to the underinsured motorist coverage insurer by its insured. Suchwritten notice shall include written documentation of pecuniary lossesincurred, including copies of all medical bills and written authorizationor a court order to obtain reports from all employers and medical providers. Within60 days of receipt of this written notice, the underinsuredmotorist coverage insurer may substitute its payment to the insured forthe tentative settlement amount. The underinsured motorist coverage insureris then subrogated to the insured's right of recovery to the extent of suchpayment and any settlement under the underinsured motorist coverage.If the underinsured motorist coverage insurer fails to pay the insuredthe amount of the tentative tort settlement within 60 days, theunderinsured motorist coverage insurer has no right of subrogationfor any amount paid under the underinsured motorist coverage.
History: L. 1968, ch. 273, § 1; L. 1981, ch. 191, § 1; L. 1984,ch. 167, § 1;L. 1986, ch. 173, § 1;L. 1988, ch. 152, § 1; July 1.
40-284.Uninsured motorist coverage and underinsured motoristcoverage; rejection; antistacking provision; exclusions or limitations ofcoverage; subrogation rights of underinsured motorist coverage insurer.(a) No automobile liability insurance policy covering liability arising outof the ownership, maintenance, or use of any motor vehicle shall bedelivered or issued for delivery in this state with respect to any motorvehicle registered or principally garaged in this state, unless thepolicy contains or has endorsed thereon, a provision with coveragelimits equal to the limits of liability coverage for bodily injury or deathin such automobile liability insurance policy sold to the named insuredfor payment of part or all sums whichthe insured or the insured's legal representative shall be legally entitled torecover as damages from the uninsured owner or operator of a motorvehicle because of bodily injury, sickness or disease, including death,resulting therefrom, sustained by the insured, caused by accident andarising out of ownership, maintenance or use of such motor vehicle, orproviding for such payment irrespective of legal liability of theinsured or any other person or organization. No insurer shall berequired to offer, provide or make available coverage conforming to thissection in connection with any excess policy, umbrella policy or any otherpolicy which does not provide primary motor vehicle insurance forliabilities arising out of the ownership, maintenance, operation or use ofa specifically insured motor vehicle.
(b) Any uninsured motorist coverage shall include an underinsured motoristprovision which enables the insured or the insured's legal representativeto recover from the insurer the amount of damages for bodily injury or deathto which the insured is legally entitled from the owner or operator of anothermotor vehicle with coverage limits equal to the limits of liability providedby such uninsured motorist coverage to the extent such coverage exceedsthe limits of the bodily injury coverage carried by the owner or operatorof the other motor vehicle.
(c) The insured named in the policy shall have the right to reject, inwriting, the uninsured motorist coverage required by subsections (a)and (b) whichis in excess of the limits for bodily injury or death set forth in K.S.A.40-3107 and amendments thereto.A rejection byan insured named in the policy of the uninsured motorist coverage shall bea rejection on behalf of all parties insured by the policy.Unless the insured named in the policyrequests such coverage in writing, such coverage need not be provided inany subsequent policy issued by the same insurerfor motor vehicles owned by the named insured, including, but not limitedto, supplemental, renewal, reinstated, transferred or substitute policieswhere the named insured had rejectedthe coverage in connection with a policy previously issued to the insuredby the same insurer.
(d) Coverage under the policy shall be limited to the extent that thetotal limits available cannot exceed the highest limits of any single applicablepolicy, regardless of the number of policies involved, persons covered,claims made, vehicles or premiums shown on the policy or premiums paid orvehicles involved in an accident.
(e) Any insurer may provide for the exclusion or limitation of coverage:
(1) When the insured is occupying or struck by an uninsured automobileor trailer owned or provided for the insured's regular use;
(2) when the uninsured automobile is owned by a self-insurer or anygovernmental entity;
(3) when there is no evidence of physical contact with the uninsuredmotor vehicle and when there is no reliable competent evidence to provethe facts of the accident from a disinterested witness not making claimunder the policy;
(4) to the extent that workers' compensation benefits apply;
(5) when suit is filed against the uninsured motorist without noticeto the insurance carrier; and
(6) to the extent that personal injury protection benefits apply.
(f) An underinsured motorist coverage insurer shall have subrogationrights under the provisions of K.S.A. 40-287 and amendments thereto. If atentative agreement to settle for liability limits has been reached with an underinsured tortfeasor, written noticemust be given by certifiedmail to the underinsured motorist coverage insurer by its insured. Suchwritten notice shall include written documentation of pecuniary lossesincurred, including copies of all medical bills and written authorizationor a court order to obtain reports from all employers and medical providers. Within60 days of receipt of this written notice, the underinsuredmotorist coverage insurer may substitute its payment to the insured forthe tentative settlement amount. The underinsured motorist coverage insureris then subrogated to the insured's right of recovery to the extent of suchpayment and any settlement under the underinsured motorist coverage.If the underinsured motorist coverage insurer fails to pay the insuredthe amount of the tentative tort settlement within 60 days, theunderinsured motorist coverage insurer has no right of subrogationfor any amount paid under the underinsured motorist coverage.
History: L. 1968, ch. 273, § 1; L. 1981, ch. 191, § 1; L. 1984,ch. 167, § 1;L. 1986, ch. 173, § 1;L. 1988, ch. 152, § 1; July 1.
