40-3107.Motor vehicle liability insurance policies; required contents;exclusions of coverage.Every policy of motor vehicle liability insurance issued by an insurerto an owner residing in this state shall:
(a) Designate by explicit description or by appropriate reference ofall vehicles with respect to which coverage is to be granted;
(b) insure the person named and any other person, asinsured, using any such vehicle with the expressed or implied consent ofsuch named insured, against loss from the liability imposed by law fordamages arising out of the ownership, maintenance or use of any suchvehicle within the United States of America or the Dominion of Canada,subject to the limits stated in such policy;
(c) state the name and address of the named insured, the coverageafforded by the policy, the premium charged and the policyperiod;
(d) contain an agreement or be endorsed that insurance is providedin accordance with the coverage required by this act;
(e) contain stated limits of liability, exclusive of interest andcosts, with respect to each vehicle for which coverage isgranted, not less than $25,000 because ofbodily injury to, or death of, one person in any one accident and,subject to the limit for one person, to a limit of not less than $50,000because of bodily injury to, or death of, two or more persons in any oneaccident, and to a limit of not less than $10,000 because of harm to or destruction ofproperty of others in any one accident;
(f) include personal injury protection benefits to the namedinsured, relatives residing in the same household, persons operating theinsured motor vehicle, passengers in such motor vehicle and otherpersons struck by such motor vehicle and suffering bodily injury whilenot an occupant of a motor vehicle, not exceeding the limits prescribedfor each of such benefits, for loss sustained by any such person as aresult of injury. The owner of a motorcycle, as defined by K.S.A. 8-1438and amendments thereto ormotor-driven cycle, defined by K.S.A. 8-1439 and amendmentsthereto, who is the named insured, shall have the right to reject inwriting insurance coverage including such benefits for injury to aperson which occurs while the named insured is operating or is a passenger on suchmotorcycle or motor-driven cycle; and unless the named insured requestssuch coverage in writing, such coverage need not be provided in orsupplemental to a renewal policy when the named insured has rejected thecoverage in connection with a policy previously issued by the sameinsurer. The fact that the insured has rejected such coverage shall notcause such motorcycle or motor-driven cycle to be an uninsured motorvehicle;
(g) notwithstanding any omitted or inconsistent language, anycontract of insurance which an insurer represents as or which purportsto be a motor vehicle liability insurance policy meeting therequirements of this act shall be construed to obligate the insurer tomeet all the mandatory requirements and obligations of this act;
(h) notwithstanding any other provision contained in thissection, any insurer may exclude coverage required by subsections (a), (b),(c) and (d) of this section while any insured vehicles are:
(1) Rented to others or used to carry persons for a charge, however, suchexclusion shall not apply to the use of a private passenger car on a sharethe expense basis;
(2) being repaired, serviced or used by any person employed or engagedin any way in the automobile business. This does not apply to the namedinsured, spouse or relative residents; or the agents, employers, employeesor partners of the named insured, spouse or resident relative; and
(i) in addition to the provisions of subsection (h) and notwithstandingany other provision contained in subsections (a), (b), (c) and (d)of thissection, any insurer may exclude coverage:
(1) For any damages for which the United States government might be liablefor the insured's use of the vehicle;
(2) for any damages to property owned by, rented to, or incharge of or transported by an insured, however, this exclusion shall notapply to coverage for a rented residence or rented private garage;
(3) for any obligation of an insured, or the insured's insurerunder any type of workers' compensation or disability or similar law;
(4) for liability assumed by an insured under any contractor agreement;
(5) if two or more vehicle liability policies apply to thesame accident, the total limits of liability under all such policies shallnot exceed that of the policy with the highest limit of liability;
(6) for any damages arising from an intentional act;
(7) for any damages to any person who would be covered for such damagesunder a nuclear energy liability policy;
(8) for any obligation of the insured to indemnify another for damagesresulting from bodily injury to the insured's employee by accident arisingout of and in the course of such employee's employment;
(9) for bodily injury to any fellow employee of the insured arisingout of and in the course of such employee's employment;
(10) for bodily injury or property damage resulting from the handling of property:
(A) Before it is moved from the place where it is accepted by the insuredfor movement into or onto the covered auto; or
(B) after it is moved from the covered auto to the place where it isfinally delivered by the insured;
(11) for bodily injury or property damage resulting from the movementof property by a mechanical device, other than a hand truck, not attachedto the covered auto; and
(12) for bodily injury or property damage caused by the dumping, dischargeor escape of irritants, pollutants or contaminants; however, this exclusiondoes not apply if the discharge is sudden and accidental.
History: L. 1974, ch. 193, § 7; L. 1981, ch. 191, § 2; L. 1984,ch. 167, § 2; L. 1984, ch. 175, § 1; July 1.
40-3107.Motor vehicle liability insurance policies; required contents;exclusions of coverage.Every policy of motor vehicle liability insurance issued by an insurerto an owner residing in this state shall:
(a) Designate by explicit description or by appropriate reference ofall vehicles with respect to which coverage is to be granted;
(b) insure the person named and any other person, asinsured, using any such vehicle with the expressed or implied consent ofsuch named insured, against loss from the liability imposed by law fordamages arising out of the ownership, maintenance or use of any suchvehicle within the United States of America or the Dominion of Canada,subject to the limits stated in such policy;
(c) state the name and address of the named insured, the coverageafforded by the policy, the premium charged and the policyperiod;
(d) contain an agreement or be endorsed that insurance is providedin accordance with the coverage required by this act;
(e) contain stated limits of liability, exclusive of interest andcosts, with respect to each vehicle for which coverage isgranted, not less than $25,000 because ofbodily injury to, or death of, one person in any one accident and,subject to the limit for one person, to a limit of not less than $50,000because of bodily injury to, or death of, two or more persons in any oneaccident, and to a limit of not less than $10,000 because of harm to or destruction ofproperty of others in any one accident;
(f) include personal injury protection benefits to the namedinsured, relatives residing in the same household, persons operating theinsured motor vehicle, passengers in such motor vehicle and otherpersons struck by such motor vehicle and suffering bodily injury whilenot an occupant of a motor vehicle, not exceeding the limits prescribedfor each of such benefits, for loss sustained by any such person as aresult of injury. The owner of a motorcycle, as defined by K.S.A. 8-1438and amendments thereto ormotor-driven cycle, defined by K.S.A. 8-1439 and amendmentsthereto, who is the named insured, shall have the right to reject inwriting insurance coverage including such benefits for injury to aperson which occurs while the named insured is operating or is a passenger on suchmotorcycle or motor-driven cycle; and unless the named insured requestssuch coverage in writing, such coverage need not be provided in orsupplemental to a renewal policy when the named insured has rejected thecoverage in connection with a policy previously issued by the sameinsurer. The fact that the insured has rejected such coverage shall notcause such motorcycle or motor-driven cycle to be an uninsured motorvehicle;
(g) notwithstanding any omitted or inconsistent language, anycontract of insurance which an insurer represents as or which purportsto be a motor vehicle liability insurance policy meeting therequirements of this act shall be construed to obligate the insurer tomeet all the mandatory requirements and obligations of this act;
(h) notwithstanding any other provision contained in thissection, any insurer may exclude coverage required by subsections (a), (b),(c) and (d) of this section while any insured vehicles are:
(1) Rented to others or used to carry persons for a charge, however, suchexclusion shall not apply to the use of a private passenger car on a sharethe expense basis;
(2) being repaired, serviced or used by any person employed or engagedin any way in the automobile business. This does not apply to the namedinsured, spouse or relative residents; or the agents, employers, employeesor partners of the named insured, spouse or resident relative; and
(i) in addition to the provisions of subsection (h) and notwithstandingany other provision contained in subsections (a), (b), (c) and (d)of thissection, any insurer may exclude coverage:
(1) For any damages for which the United States government might be liablefor the insured's use of the vehicle;
(2) for any damages to property owned by, rented to, or incharge of or transported by an insured, however, this exclusion shall notapply to coverage for a rented residence or rented private garage;
(3) for any obligation of an insured, or the insured's insurerunder any type of workers' compensation or disability or similar law;
(4) for liability assumed by an insured under any contractor agreement;
(5) if two or more vehicle liability policies apply to thesame accident, the total limits of liability under all such policies shallnot exceed that of the policy with the highest limit of liability;
(6) for any damages arising from an intentional act;
(7) for any damages to any person who would be covered for such damagesunder a nuclear energy liability policy;
(8) for any obligation of the insured to indemnify another for damagesresulting from bodily injury to the insured's employee by accident arisingout of and in the course of such employee's employment;
(9) for bodily injury to any fellow employee of the insured arisingout of and in the course of such employee's employment;
(10) for bodily injury or property damage resulting from the handling of property:
(A) Before it is moved from the place where it is accepted by the insuredfor movement into or onto the covered auto; or
(B) after it is moved from the covered auto to the place where it isfinally delivered by the insured;
(11) for bodily injury or property damage resulting from the movementof property by a mechanical device, other than a hand truck, not attachedto the covered auto; and
(12) for bodily injury or property damage caused by the dumping, dischargeor escape of irritants, pollutants or contaminants; however, this exclusiondoes not apply if the discharge is sudden and accidental.
History: L. 1974, ch. 193, § 7; L. 1981, ch. 191, § 2; L. 1984,ch. 167, § 2; L. 1984, ch. 175, § 1; July 1.
40-3107.Motor vehicle liability insurance policies; required contents;exclusions of coverage.Every policy of motor vehicle liability insurance issued by an insurerto an owner residing in this state shall:
(a) Designate by explicit description or by appropriate reference ofall vehicles with respect to which coverage is to be granted;
(b) insure the person named and any other person, asinsured, using any such vehicle with the expressed or implied consent ofsuch named insured, against loss from the liability imposed by law fordamages arising out of the ownership, maintenance or use of any suchvehicle within the United States of America or the Dominion of Canada,subject to the limits stated in such policy;
(c) state the name and address of the named insured, the coverageafforded by the policy, the premium charged and the policyperiod;
(d) contain an agreement or be endorsed that insurance is providedin accordance with the coverage required by this act;
(e) contain stated limits of liability, exclusive of interest andcosts, with respect to each vehicle for which coverage isgranted, not less than $25,000 because ofbodily injury to, or death of, one person in any one accident and,subject to the limit for one person, to a limit of not less than $50,000because of bodily injury to, or death of, two or more persons in any oneaccident, and to a limit of not less than $10,000 because of harm to or destruction ofproperty of others in any one accident;
(f) include personal injury protection benefits to the namedinsured, relatives residing in the same household, persons operating theinsured motor vehicle, passengers in such motor vehicle and otherpersons struck by such motor vehicle and suffering bodily injury whilenot an occupant of a motor vehicle, not exceeding the limits prescribedfor each of such benefits, for loss sustained by any such person as aresult of injury. The owner of a motorcycle, as defined by K.S.A. 8-1438and amendments thereto ormotor-driven cycle, defined by K.S.A. 8-1439 and amendmentsthereto, who is the named insured, shall have the right to reject inwriting insurance coverage including such benefits for injury to aperson which occurs while the named insured is operating or is a passenger on suchmotorcycle or motor-driven cycle; and unless the named insured requestssuch coverage in writing, such coverage need not be provided in orsupplemental to a renewal policy when the named insured has rejected thecoverage in connection with a policy previously issued by the sameinsurer. The fact that the insured has rejected such coverage shall notcause such motorcycle or motor-driven cycle to be an uninsured motorvehicle;
(g) notwithstanding any omitted or inconsistent language, anycontract of insurance which an insurer represents as or which purportsto be a motor vehicle liability insurance policy meeting therequirements of this act shall be construed to obligate the insurer tomeet all the mandatory requirements and obligations of this act;
(h) notwithstanding any other provision contained in thissection, any insurer may exclude coverage required by subsections (a), (b),(c) and (d) of this section while any insured vehicles are:
(1) Rented to others or used to carry persons for a charge, however, suchexclusion shall not apply to the use of a private passenger car on a sharethe expense basis;
(2) being repaired, serviced or used by any person employed or engagedin any way in the automobile business. This does not apply to the namedinsured, spouse or relative residents; or the agents, employers, employeesor partners of the named insured, spouse or resident relative; and
(i) in addition to the provisions of subsection (h) and notwithstandingany other provision contained in subsections (a), (b), (c) and (d)of thissection, any insurer may exclude coverage:
(1) For any damages for which the United States government might be liablefor the insured's use of the vehicle;
(2) for any damages to property owned by, rented to, or incharge of or transported by an insured, however, this exclusion shall notapply to coverage for a rented residence or rented private garage;
(3) for any obligation of an insured, or the insured's insurerunder any type of workers' compensation or disability or similar law;
(4) for liability assumed by an insured under any contractor agreement;
(5) if two or more vehicle liability policies apply to thesame accident, the total limits of liability under all such policies shallnot exceed that of the policy with the highest limit of liability;
(6) for any damages arising from an intentional act;
(7) for any damages to any person who would be covered for such damagesunder a nuclear energy liability policy;
(8) for any obligation of the insured to indemnify another for damagesresulting from bodily injury to the insured's employee by accident arisingout of and in the course of such employee's employment;
(9) for bodily injury to any fellow employee of the insured arisingout of and in the course of such employee's employment;
(10) for bodily injury or property damage resulting from the handling of property:
(A) Before it is moved from the place where it is accepted by the insuredfor movement into or onto the covered auto; or
(B) after it is moved from the covered auto to the place where it isfinally delivered by the insured;
(11) for bodily injury or property damage resulting from the movementof property by a mechanical device, other than a hand truck, not attachedto the covered auto; and
(12) for bodily injury or property damage caused by the dumping, dischargeor escape of irritants, pollutants or contaminants; however, this exclusiondoes not apply if the discharge is sudden and accidental.
History: L. 1974, ch. 193, § 7; L. 1981, ch. 191, § 2; L. 1984,ch. 167, § 2; L. 1984, ch. 175, § 1; July 1.
