State Codes and Statutes
Statutes > Kansas > Chapter40 > Article31 > Statutes_1798640-3110
40-3110. Same; primary status of benefits, exception; whenpayable; time limitation on claims; overdue payments.(a) Except for benefits payable under any workmen's compensation law,which shall be credited against the personal injury protection benefitsprovided by subsection (f) of K.S.A. 40-3107, personal injuryprotection benefits due from an insurer or self-insurer under this actshall be primary and shall be due and payable as loss accrues, uponreceipt of reasonable proof of such loss and the amount of expenses andloss incurred which are covered by the policy issued in compliance withthis act. An insurer or self-insurer may require written notice to begiven as soon as practicable after an accident involving a motor vehiclewith respect to which the insurer's policy of motor vehicle liabilityinsurance affords the coverage required by this act. No claim forpersonal injury protection benefits may be made after two (2) years fromthe date of the injury.
(b) Personal injury protection benefits payable under this act shallbe overdue if not paid within thirty (30) days after the insurer orself-insurer is furnished written notice of the fact of a covered lossand of the amount of same, except that disability benefits payable underthis act shall be paid not less than every two (2) weeks after suchnotice. If such written notice is not furnished as to the entire claim,any partial amounts supported by written notice is overdue if not paidwithin thirty (30) days after such written notice is furnished. Any partor all of the remainder of the claim that is subsequently supported bywritten notice is overdue if not paid within thirty (30) days after suchwritten notice is so furnished: Provided, That no such paymentshall be deemed overdue where the insurer or self-insurer has reasonableproof to establish that it is not responsible for the payment,notwithstanding that written notice has been furnished. For the purposeof calculating the extent to which any personal injury protectionbenefits are overdue, payment shall be treated as being made on the datea draft or other valid instrument which is equivalent to payment wasplaced in the United States mail in a properly addressed, postpaidenvelope, or, if not so posted, on the date of delivery. All overduepayments shall bear simple interest at the rate of eighteen percent(18%) per annum.
History: L. 1974, ch. 193, § 10; Feb. 22.
