Kansas Statutes Annotated

K.S.A. § 40-2204 (2026)

Conforming to statute; construction of policies in conflict

✓ current as of May 2026
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40-2204. Conforming to statute; construction of policies in conflict. (A) Other policy provisions: No policy provision which is not subject to K.S.A. 40-2203 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this act.

(B) Policy conflicting with this act. A policy delivered or issued for delivery to any person in this state in violation of this act shall be held valid but shall be construed as provided in this act. When any provision in a policy subject to this act is in conflict with any provision of this act, the rights, duties and obligations of the insurer, the insured and the beneficiary shall be governed by the provisions of this act.

History: L. 1951, ch. 296, § 4; June 30.

Notes of Decisions
Cited in 3 cases, 1990–2002 · leading case: Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002). · cites it 4× “" K.S.A. 40-2204(A). State Farm's policy is within the statutory definition of a policy of accident and sickness insurance.”
Durrett v. Bryan, 799 P.2d 110 (Kan. Ct. App. 1990). · cites it 7× “40-2203, and K.S.A. 40-2204. Whether these statutes provide sufficient authority for K.”
In Re a Declaratory Ruling by the North Carolina Comm'r of Ins. Regarding 11 N.C.A.C. 12.0319, 517 S.E.2d 134 (N.C. Ct. App. 1999). “2d 110, 115 (1990), as persuasive authority, the Commissioner argues that “a subrogation provision, by having the effect of reducing the benefits ultimately received by a policyholder, would be a less favorable provision, and so prohibited by KSA 40-2204(A).” Interpreting…”
— K.S.A. § 40-2204(A) — 3 cases
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002). “" K.S.A. 40-2204(A). State Farm's policy is within the statutory definition of a policy of accident and sickness insurance.”
Durrett v. Bryan, 799 P.2d 110 (Kan. Ct. App. 1990). “40-2203, and K.S.A. 40-2204. Whether these statutes provide sufficient authority for K.”
In Re a Declaratory Ruling by the North Carolina Comm'r of Ins. Regarding 11 N.C.A.C. 12.0319, 517 S.E.2d 134 (N.C. Ct. App. 1999). “2d 110, 115 (1990), as persuasive authority, the Commissioner argues that “a subrogation provision, by having the effect of reducing the benefits ultimately received by a policyholder, would be a less favorable provision, and so prohibited by KSA 40-2204(A).” Interpreting…”
— K.S.A. § 40-2204(B) — 1 case
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002). “" K.S.A. 40-2204(A). State Farm's policy is within the statutory definition of a policy of accident and sickness insurance.”
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