Article 29.--KANSAS INSURANCE GUARANTY ASSOCIATION ACT
40-2909.Same; assignment of rights to association upon recovery underact; cooperation; actions against insurer; claims against insolventinsurer.(a) Any person recovering under this act shall be deemed to haveassigned his rights under the policy to the association to the extent ofhis recovery from the association. Every insured or claimant seeking theprotection of this act shall cooperate with the association to the sameextent as such person would have been required to cooperate with theinsolvent insurer. The association shall have no cause of action againstthe insured of the insolvent insurer for any sums it has paid out, exceptsuch causes of action as the insolvent insurer would have had if such sumshad been paid out by the insolvent insurer. In the case of an insolventinsurer operating on a plan with assessment liability, payments of claimsof the association shall not operate to reduce the liability of insureds tothe receiver, liquidator, or statutory successor for unpaid assessments.
(b) The receiver, liquidator or statutory successor of an insolventinsurer shall be bound by settlements of covered claims by the associationor a similar organization in another state. The court having jurisdictionshall grant such claims priority equal to that which the claimant wouldhave been entitled in the absence of this act against the assets of theinsolvent insurer. The expenses of the association or similar organizationin handling claims shall be accorded the same priority as the liquidator'sexpenses.For purposes of this subsection, expenses for the investigation or defenseof claims against insureds under policies with an insolvent insurer shall beconsidered expenses of the association or other similar organization inhandling claims.
(c) The association shall periodically file with the receiver orliquidator of the insolvent insurer statements of the covered claims paidby the association and estimates of anticipated claims on the associationwhich shall preserve the rights of the association against the assets ofthe insolvent insurer.
(d) The association shall have the right to recover from any person who isan affiliate of the insolvent insurer and whoseliability obligations to other persons are satisfied in whole or in part bypayments made under this act.
Article 29.--KANSAS INSURANCE GUARANTY ASSOCIATION ACT
40-2909.Same; assignment of rights to association upon recovery underact; cooperation; actions against insurer; claims against insolventinsurer.(a) Any person recovering under this act shall be deemed to haveassigned his rights under the policy to the association to the extent ofhis recovery from the association. Every insured or claimant seeking theprotection of this act shall cooperate with the association to the sameextent as such person would have been required to cooperate with theinsolvent insurer. The association shall have no cause of action againstthe insured of the insolvent insurer for any sums it has paid out, exceptsuch causes of action as the insolvent insurer would have had if such sumshad been paid out by the insolvent insurer. In the case of an insolventinsurer operating on a plan with assessment liability, payments of claimsof the association shall not operate to reduce the liability of insureds tothe receiver, liquidator, or statutory successor for unpaid assessments.
(b) The receiver, liquidator or statutory successor of an insolventinsurer shall be bound by settlements of covered claims by the associationor a similar organization in another state. The court having jurisdictionshall grant such claims priority equal to that which the claimant wouldhave been entitled in the absence of this act against the assets of theinsolvent insurer. The expenses of the association or similar organizationin handling claims shall be accorded the same priority as the liquidator'sexpenses.For purposes of this subsection, expenses for the investigation or defenseof claims against insureds under policies with an insolvent insurer shall beconsidered expenses of the association or other similar organization inhandling claims.
(c) The association shall periodically file with the receiver orliquidator of the insolvent insurer statements of the covered claims paidby the association and estimates of anticipated claims on the associationwhich shall preserve the rights of the association against the assets ofthe insolvent insurer.
(d) The association shall have the right to recover from any person who isan affiliate of the insolvent insurer and whoseliability obligations to other persons are satisfied in whole or in part bypayments made under this act.
Article 29.--KANSAS INSURANCE GUARANTY ASSOCIATION ACT
40-2909.Same; assignment of rights to association upon recovery underact; cooperation; actions against insurer; claims against insolventinsurer.(a) Any person recovering under this act shall be deemed to haveassigned his rights under the policy to the association to the extent ofhis recovery from the association. Every insured or claimant seeking theprotection of this act shall cooperate with the association to the sameextent as such person would have been required to cooperate with theinsolvent insurer. The association shall have no cause of action againstthe insured of the insolvent insurer for any sums it has paid out, exceptsuch causes of action as the insolvent insurer would have had if such sumshad been paid out by the insolvent insurer. In the case of an insolventinsurer operating on a plan with assessment liability, payments of claimsof the association shall not operate to reduce the liability of insureds tothe receiver, liquidator, or statutory successor for unpaid assessments.
(b) The receiver, liquidator or statutory successor of an insolventinsurer shall be bound by settlements of covered claims by the associationor a similar organization in another state. The court having jurisdictionshall grant such claims priority equal to that which the claimant wouldhave been entitled in the absence of this act against the assets of theinsolvent insurer. The expenses of the association or similar organizationin handling claims shall be accorded the same priority as the liquidator'sexpenses.For purposes of this subsection, expenses for the investigation or defenseof claims against insureds under policies with an insolvent insurer shall beconsidered expenses of the association or other similar organization inhandling claims.
(c) The association shall periodically file with the receiver orliquidator of the insolvent insurer statements of the covered claims paidby the association and estimates of anticipated claims on the associationwhich shall preserve the rights of the association against the assets ofthe insolvent insurer.
(d) The association shall have the right to recover from any person who isan affiliate of the insolvent insurer and whoseliability obligations to other persons are satisfied in whole or in part bypayments made under this act.
