40-3109.Same; injuries for whichpayment of benefits required;liability for payment by two or more insurers; policy providing primarybenefit coverage.(a) A self-insurer or the insurer of the owner of a motor vehiclecovered by a policy of motor vehicle liability insurance meeting therequirements of this act shall pay any personal injury protectionbenefits which are required to be provided by this act or in suchowner's policy of motor vehicle liability insurance for any injury:
(1) Sustainedwithin the United States of America, its territoriesor possessions or Canada by the owner while:
(A) Occupying a motor vehicle not excluded by subsection (a) of K.S.A.40-3108 and amendments thereto; or
(B) not an occupant of a motor vehicle if the injury is caused by physicalcontact with a motor vehicle;
(2) sustained by a relative of the owner residing in the samehousehold, under the circumstances described in paragraph (1)of this subsection, if the relative at the time of the accident is not theowner of a motor vehicle with respect to which a motorvehicle liability insurance policy is required by this act;
(3) sustained in this state by any other person while occupying suchmotor vehicle or, if a resident of this state, while not an occupant ofsuch motor vehicle if the injury is caused by physical contact withsuch motor vehicle, and the injured person is not the owner of amotor vehicle with respect to which a motor vehicle liability insurancepolicy is required under this act.
(b) If two or more insurers or self-insurers are liable to paypersonal injury protection benefits for the same injury to any oneperson, the maximum benefits payable from all applicable policies shallbe thehighest limit of any one policy providing such personal injury protectionbenefits. The primary personal injury protection coverage shall be providedby the policy covering:
(1) The motor vehicle occupied by the injured person at the time ofthe accident; or
(2) the motor vehicle causing such physical contact.
40-3109.Same; injuries for whichpayment of benefits required;liability for payment by two or more insurers; policy providing primarybenefit coverage.(a) A self-insurer or the insurer of the owner of a motor vehiclecovered by a policy of motor vehicle liability insurance meeting therequirements of this act shall pay any personal injury protectionbenefits which are required to be provided by this act or in suchowner's policy of motor vehicle liability insurance for any injury:
(1) Sustainedwithin the United States of America, its territoriesor possessions or Canada by the owner while:
(A) Occupying a motor vehicle not excluded by subsection (a) of K.S.A.40-3108 and amendments thereto; or
(B) not an occupant of a motor vehicle if the injury is caused by physicalcontact with a motor vehicle;
(2) sustained by a relative of the owner residing in the samehousehold, under the circumstances described in paragraph (1)of this subsection, if the relative at the time of the accident is not theowner of a motor vehicle with respect to which a motorvehicle liability insurance policy is required by this act;
(3) sustained in this state by any other person while occupying suchmotor vehicle or, if a resident of this state, while not an occupant ofsuch motor vehicle if the injury is caused by physical contact withsuch motor vehicle, and the injured person is not the owner of amotor vehicle with respect to which a motor vehicle liability insurancepolicy is required under this act.
(b) If two or more insurers or self-insurers are liable to paypersonal injury protection benefits for the same injury to any oneperson, the maximum benefits payable from all applicable policies shallbe thehighest limit of any one policy providing such personal injury protectionbenefits. The primary personal injury protection coverage shall be providedby the policy covering:
(1) The motor vehicle occupied by the injured person at the time ofthe accident; or
(2) the motor vehicle causing such physical contact.
40-3109.Same; injuries for whichpayment of benefits required;liability for payment by two or more insurers; policy providing primarybenefit coverage.(a) A self-insurer or the insurer of the owner of a motor vehiclecovered by a policy of motor vehicle liability insurance meeting therequirements of this act shall pay any personal injury protectionbenefits which are required to be provided by this act or in suchowner's policy of motor vehicle liability insurance for any injury:
(1) Sustainedwithin the United States of America, its territoriesor possessions or Canada by the owner while:
(A) Occupying a motor vehicle not excluded by subsection (a) of K.S.A.40-3108 and amendments thereto; or
(B) not an occupant of a motor vehicle if the injury is caused by physicalcontact with a motor vehicle;
(2) sustained by a relative of the owner residing in the samehousehold, under the circumstances described in paragraph (1)of this subsection, if the relative at the time of the accident is not theowner of a motor vehicle with respect to which a motorvehicle liability insurance policy is required by this act;
(3) sustained in this state by any other person while occupying suchmotor vehicle or, if a resident of this state, while not an occupant ofsuch motor vehicle if the injury is caused by physical contact withsuch motor vehicle, and the injured person is not the owner of amotor vehicle with respect to which a motor vehicle liability insurancepolicy is required under this act.
(b) If two or more insurers or self-insurers are liable to paypersonal injury protection benefits for the same injury to any oneperson, the maximum benefits payable from all applicable policies shallbe thehighest limit of any one policy providing such personal injury protectionbenefits. The primary personal injury protection coverage shall be providedby the policy covering:
(1) The motor vehicle occupied by the injured person at the time ofthe accident; or
(2) the motor vehicle causing such physical contact.
