40-2901.
Purpose and construction.
The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers. This act shall be liberally construed to effect such purpose which shall constitute an aid and guide to interpretation.
History:
L. 1970, ch. 185, § 1; March 27.
CASE ANNOTATIONS
1. Relationship of uninsured motorist coverage held by plaintiff asserting personal injury claim against defendant whose insurance carrier insolvent determined. Hetzel v. Clarkin, 244 Kan. 698, 772 P.2d 800 (1989).
2. Uninsured motorist insurer may not pursue subrogation interest against Kansas insurance guaranty fund or insured whose company insolvent. Bartee v. R.T.C. Transportation, Inc., 245 Kan. 499, 508, 509, 781 P.2d 1084 (1989).
3. When uninsured motorist carrier may exercise subrogation rights against insured of insolvent carrier examined. Maston v. Harper, 18 Kan. App. 2d 739, 740, 741, 742, 743, 745, 859 P.2d 405 (1993).
4. Whether partial payment of claim by insolvent insurer alters KIGA's liability where shortfall still exists examined. Kansas Dept. of Health & Environment v. Kansas Ins. Guaranty Ass'n, 254 Kan. 863, 866, 868, 869 P.2d 692 (1994).
5. Plaintiff's insurer may exercise rights to subrogation against defendant where insurer is insolvent; recovery is limited to amounts which exceed limits of policy or for which there was no coverage. Exploration Place, Inc. v. Midwest Drywall Co., 277 Kan. 898, 89 P.3d 536 (2004).
Brennan v. Kansas Ins. Guar. Ass'n, 264 P.3d 102 (Kan. 2011). · cites it 6דIt is uncontested that PHICO’s insolvency triggered KIGA’s statutory obligation to cover the insurer’s obligations to the extent provided by the Kansas Insurance Guaranty Association Act (Guaranty Act), K.S.A. 40-2901 et seq. But in 2005, while Brennan’s lawsuit against Dr.”
Expl. Place, Inc. v. Midwest Drywall Co., Inc., 89 P.3d 536 (Kan. 2004). · cites it 4ד: This case involves interpretation and application of the Kansas Insurance Guaranty Association Act, K.S.A. 40-2901 et seq. (Guaranty Act). The district court ruled that the Guaranty Act barred all subrogation claims.”
Hetzel v. Clarkin, 772 P.2d 800 (Kan. 1989). · cites it 6ד: This case presents a first impression review of the Kansas Insurance Guaranty Association Act (the Guaranty Act), K.S.A. 40-2901 et seq. The context of our initial interpretation involves the relationship of uninsured motorist coverage held by a plaintiff asserting a personal…”
Bartee v. R.T.C. Transp., Inc., 781 P.2d 1084 (Kan. 1989). · cites it 3דThe purpose for enacting the Kansas Insurance Guaranty Association Act was set forth in K.S.A. 40-2901 as follows: “The purpose of this act is to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay in payment and to…”
Maston v. Harper, 859 P.2d 405 (Kan. Ct. App. 1993). · cites it 5דIf the stay was not granted, Harper contended she was entitled to judgment as a matter of law pursuant to the Kansas Insurance Guaranty Association Act (Act), K.S.A. 40-2901 et seq. Harper maintained that under K.”
Brennan v. Kansas Ins. Guar. Ass'n, 264 P.3d 102 (Kan. 2011). · cites it 6דIt is uncontested that PHICO's insolvency triggered KIGA's statutory obligation to cover the insurer's obligations to the extent provided by the Kansas Insurance Guaranty Association Act (Guaranty Act), K.S.A. 40-2901 et seq. But in 2005, while Brennan's lawsuit against Dr.”
Kansas Dep't of Health & Env't v. Kansas Ins. Guar. Ass'n, 869 P.2d 692 (Kan. 1994). · cites it 4דThe insolvency of the insurance company issuing the bond (Allied Fidelity) brought the Kansas Insurance Guaranty Association Act (K.S.A. 40-2901 et seq.) onto the scene. The Act is administered by KIGA (K.”
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