40-3116.Assigned claims plan; availability of personal injuryprotection benefits under plan; subrogation; persons excluded; powers ofcommissioner; participation by insurers and self-insurers required;violations, penalties.(a) Insurers and self-insurers are hereby directed to organize andmaintain an assigned claims plan to provide that any person, who suffersinjury in this state may obtain personal injury protection benefitsthrough such plan if:
(1) Personal injury protection benefits are not available to theinjured person, except that personal injury protection benefits shallnot be deemed unavailable to any person suffering injury whilesuch person was the operator of a motorcycle or motor-driven cycle, forwhich the ownerthereof has rejected personal injury protection benefits pursuant tosubsection (f) of K.S.A. 40-3107, and amendments thereto;
(2) Motor vehicle liability insurance or self-insurance applicableto the injury cannot be identified;
(3) Personal injury protection benefits applicable to the injury areinadequate to provide the contracted-for benefits because of financialinability of an insurer or self-insurer to fulfill its obligation;however, benefits available through the assigned claims plan shall beexcess over any benefits paid or payable through the Kansas insuranceguaranty association. If the personal injury protection benefits are notpaid by the Kansas insurance guaranty association within the limitationof time specified in this act, such benefits shall be paid by theassigned claims plan. Payments made by the assigned claims plan pursuantto this section shall constitute covered claims under K.S.A. 40-2901et seq., and amendments thereto.
(b) If a claim qualifies for assignment under this section, theassigned claims plan or any insurer or self-insurer to whom the claim isassigned shall be subrogated to all of the rights of the claimantagainst any insurer or self-insurer, its successor in interest orsubstitute, legally obligated to provide personal injury protectionbenefits to the claimant, for any of such benefits provided by theassignment.
(c) A person shall not be entitled to personal injury protectionbenefits through the assigned claims plan with respect to injury which suchperson has sustained if, at the time of such injury,such person was the owner of amotor vehicle for which a policy of motor vehicle liability insurance isrequired under this act and such person failed to have such policy in effect.
(d) The assigned claims plan shall be governed by such rules andregulations as are necessary for its operation and for the assessment ofcosts, which shall be approved by the commissioner. Any claim broughtthrough said plan shall be assigned to an insurer or self-insurer, inaccordance with the approved regulations of operation, and such insureror self-insurer, after the assignment, shall have the same rights andobligations it would have if, prior to such assignment, it had issued amotor vehicle liability insurance policy providing personal injuryprotection benefits applicable to the loss or expenses incurred or was aself-insurer providing such benefits. Any party accepting benefitshereunder shall have such rights and obligations as such person would have if amotor vehicle liability insurance policy providing personal injuryprotection benefits were issued to such person.
(e) No insurer shall write any motor vehicle liability insurancepolicy in this state unless the insurer participates in the assignedclaims plan organized pursuant to this section, nor shall any personqualify as a self-insurer pursuant to subsection (f) of K.S.A.40-3104, and amendments thereto, unless such person agreesto participate in such assigned claims plan.Any insurer or self-insurer required to participate in the assignedclaims plan who violates this subsection shall be assessed a civilpenalty of not more than $5,000 foreach policy issued or self-insurance certificate obtainedin violation thereof.
40-3116.Assigned claims plan; availability of personal injuryprotection benefits under plan; subrogation; persons excluded; powers ofcommissioner; participation by insurers and self-insurers required;violations, penalties.(a) Insurers and self-insurers are hereby directed to organize andmaintain an assigned claims plan to provide that any person, who suffersinjury in this state may obtain personal injury protection benefitsthrough such plan if:
(1) Personal injury protection benefits are not available to theinjured person, except that personal injury protection benefits shallnot be deemed unavailable to any person suffering injury whilesuch person was the operator of a motorcycle or motor-driven cycle, forwhich the ownerthereof has rejected personal injury protection benefits pursuant tosubsection (f) of K.S.A. 40-3107, and amendments thereto;
(2) Motor vehicle liability insurance or self-insurance applicableto the injury cannot be identified;
(3) Personal injury protection benefits applicable to the injury areinadequate to provide the contracted-for benefits because of financialinability of an insurer or self-insurer to fulfill its obligation;however, benefits available through the assigned claims plan shall beexcess over any benefits paid or payable through the Kansas insuranceguaranty association. If the personal injury protection benefits are notpaid by the Kansas insurance guaranty association within the limitationof time specified in this act, such benefits shall be paid by theassigned claims plan. Payments made by the assigned claims plan pursuantto this section shall constitute covered claims under K.S.A. 40-2901et seq., and amendments thereto.
(b) If a claim qualifies for assignment under this section, theassigned claims plan or any insurer or self-insurer to whom the claim isassigned shall be subrogated to all of the rights of the claimantagainst any insurer or self-insurer, its successor in interest orsubstitute, legally obligated to provide personal injury protectionbenefits to the claimant, for any of such benefits provided by theassignment.
(c) A person shall not be entitled to personal injury protectionbenefits through the assigned claims plan with respect to injury which suchperson has sustained if, at the time of such injury,such person was the owner of amotor vehicle for which a policy of motor vehicle liability insurance isrequired under this act and such person failed to have such policy in effect.
(d) The assigned claims plan shall be governed by such rules andregulations as are necessary for its operation and for the assessment ofcosts, which shall be approved by the commissioner. Any claim broughtthrough said plan shall be assigned to an insurer or self-insurer, inaccordance with the approved regulations of operation, and such insureror self-insurer, after the assignment, shall have the same rights andobligations it would have if, prior to such assignment, it had issued amotor vehicle liability insurance policy providing personal injuryprotection benefits applicable to the loss or expenses incurred or was aself-insurer providing such benefits. Any party accepting benefitshereunder shall have such rights and obligations as such person would have if amotor vehicle liability insurance policy providing personal injuryprotection benefits were issued to such person.
(e) No insurer shall write any motor vehicle liability insurancepolicy in this state unless the insurer participates in the assignedclaims plan organized pursuant to this section, nor shall any personqualify as a self-insurer pursuant to subsection (f) of K.S.A.40-3104, and amendments thereto, unless such person agreesto participate in such assigned claims plan.Any insurer or self-insurer required to participate in the assignedclaims plan who violates this subsection shall be assessed a civilpenalty of not more than $5,000 foreach policy issued or self-insurance certificate obtainedin violation thereof.
40-3116.Assigned claims plan; availability of personal injuryprotection benefits under plan; subrogation; persons excluded; powers ofcommissioner; participation by insurers and self-insurers required;violations, penalties.(a) Insurers and self-insurers are hereby directed to organize andmaintain an assigned claims plan to provide that any person, who suffersinjury in this state may obtain personal injury protection benefitsthrough such plan if:
(1) Personal injury protection benefits are not available to theinjured person, except that personal injury protection benefits shallnot be deemed unavailable to any person suffering injury whilesuch person was the operator of a motorcycle or motor-driven cycle, forwhich the ownerthereof has rejected personal injury protection benefits pursuant tosubsection (f) of K.S.A. 40-3107, and amendments thereto;
(2) Motor vehicle liability insurance or self-insurance applicableto the injury cannot be identified;
(3) Personal injury protection benefits applicable to the injury areinadequate to provide the contracted-for benefits because of financialinability of an insurer or self-insurer to fulfill its obligation;however, benefits available through the assigned claims plan shall beexcess over any benefits paid or payable through the Kansas insuranceguaranty association. If the personal injury protection benefits are notpaid by the Kansas insurance guaranty association within the limitationof time specified in this act, such benefits shall be paid by theassigned claims plan. Payments made by the assigned claims plan pursuantto this section shall constitute covered claims under K.S.A. 40-2901et seq., and amendments thereto.
(b) If a claim qualifies for assignment under this section, theassigned claims plan or any insurer or self-insurer to whom the claim isassigned shall be subrogated to all of the rights of the claimantagainst any insurer or self-insurer, its successor in interest orsubstitute, legally obligated to provide personal injury protectionbenefits to the claimant, for any of such benefits provided by theassignment.
(c) A person shall not be entitled to personal injury protectionbenefits through the assigned claims plan with respect to injury which suchperson has sustained if, at the time of such injury,such person was the owner of amotor vehicle for which a policy of motor vehicle liability insurance isrequired under this act and such person failed to have such policy in effect.
(d) The assigned claims plan shall be governed by such rules andregulations as are necessary for its operation and for the assessment ofcosts, which shall be approved by the commissioner. Any claim broughtthrough said plan shall be assigned to an insurer or self-insurer, inaccordance with the approved regulations of operation, and such insureror self-insurer, after the assignment, shall have the same rights andobligations it would have if, prior to such assignment, it had issued amotor vehicle liability insurance policy providing personal injuryprotection benefits applicable to the loss or expenses incurred or was aself-insurer providing such benefits. Any party accepting benefitshereunder shall have such rights and obligations as such person would have if amotor vehicle liability insurance policy providing personal injuryprotection benefits were issued to such person.
(e) No insurer shall write any motor vehicle liability insurancepolicy in this state unless the insurer participates in the assignedclaims plan organized pursuant to this section, nor shall any personqualify as a self-insurer pursuant to subsection (f) of K.S.A.40-3104, and amendments thereto, unless such person agreesto participate in such assigned claims plan.Any insurer or self-insurer required to participate in the assignedclaims plan who violates this subsection shall be assessed a civilpenalty of not more than $5,000 foreach policy issued or self-insurance certificate obtainedin violation thereof.
