Kansas Statutes Annotated

K.S.A. § 40-285 (2026)

Same; uninsured motor vehicle includes vehicle whose insurer is insolvent

✓ current as of May 2026

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40-285. Same; uninsured motor vehicle includes vehicle whose insurer is insolvent. For the purpose of this act, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified herein because of insolvency.

History: L. 1968, ch. 273, § 2; July 1.

Notes of Decisions

Cited in 4 cases, 1979–2001 · leading case: Bartee v. R.T.C. Transp., Inc., 781 P.2d 1084 (Kan. 1989).

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Bartee v. R.T.C. Transp., Inc., 781 P.2d 1084 (Kan. 1989). · cites it 6× “were uninsured motorists under the Insurance Code of the State of Kansas, citing K.S.A. 40-285. The court concluded that the existence of a state insolvency fund for protection of its insureds did not prevent a motorist from being uninsured.”

Simpson v. Farmers Ins., 592 P.2d 445 (Kan. 1979). · cites it 2× “40-284 requires all automobile liability insurance policies to include provisions whereby the insured can recover, from his own insurance carrier, legal damages occasioned by an accident with an uninsured motorist.”

Hetzel v. Clarkin, 772 P.2d 800 (Kan. 1989). · cites it 2× “K.S.A. 40-285. A statutory blending of K.”

Loveless v. Am. Fam. Mut. Ins., 24 P.3d 198 (Kan. Ct. App. 2001). “40-284, it could have carved out a separate exception as it did under K.S.A. 40-285 for tortfeasors insured by insolvent insurance companies.”

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