K.S.A. » Chapter 40

K.S.A. § 40-3103

Definitions

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40-3103. Definitions. As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:

(a) "Commissioner" means the state commissioner of insurance.

(b) "Disability benefits" means allowances for loss of monthly earnings due to an injured person's inability to engage in available and appropriate gainful activity, subject to the following conditions and limitations: (1) The injury sustained is the proximate cause of the injured person's inability to engage in available and appropriate gainful activity; (2) subject to the maximum benefits stated herein, allowances shall equal 100% of any such loss per individual, unless such allowances are deemed not includable in gross income for federal income tax purposes, in which event such allowances shall be limited to 85%; and (3) allowances shall be made up to a maximum of not less than $900 per month for not to exceed one year after the date the injured person becomes unable to engage in available and appropriate gainful activity.

(c) "Director" means the director of vehicles.

(d) "Funeral benefits" means allowances for funeral, burial or cremation expenses in an amount not to exceed $2,000 per individual.

(e) "Highway" means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.

(f) "Implement of husbandry" means every vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or moved upon the highways.

(g) "Insurer" means any insurance company, as defined by K.S.A. 40-201, and amendments thereto, authorized to transact business in this state, which issues policies of motor vehicle liability insurance covering liability arising out of the ownership, operation, maintenance or use of a motor vehicle.

(h) "Injured person" means any person suffering injury.

(i) "Injury" means bodily harm, sickness, disease or death resulting from an accident arising out of the ownership, maintenance or use of a motor vehicle.

(j) "Lienholder" means a person holding a security interest in a vehicle.

(k) "Medical benefits" means and includes allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary health care rendered by practitioners licensed by the state board of healing arts to practice any branch of the healing arts or licensed psychologists, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital and nursing services; and such term also includes allowances for services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with such person's religious beliefs.

(l) "Monthly earnings" means: (1) In the case of a regularly employed person or a person regularly self-employed, 1/12 of the annual earnings at the time of injury; or (2) in the case of a person not regularly employed or self-employed, or of an unemployed person, 1/12 of the anticipated annual earnings from the time such person would reasonably have been expected to be regularly employed. In calculating the anticipated annual earnings of an unemployed person who has previously been employed, the insurer shall average the annual compensation of such person for not to exceed five years preceding the year of injury or death, during which such person was employed.

(m) "Motor vehicle" means every self-propelled vehicle of a kind required to be registered in this state, including any trailer, semitrailer or pole trailer designed for use with such vehicle, but such term does not include a motorized bicycle.

(n) "Operator" means any person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(o) "Owner" means a person, other than a lienholder, having property in or title to a motor vehicle, including a person who is entitled to the use and possession of a motor vehicle subject to a security interest held by another person, but such term does not include a lessee under a lease not intended as security.

(p) "Person" means an individual, partnership, corporation or other association of persons.

(q) "Personal injury protection benefits" means the disability benefits, funeral benefits, medical benefits, rehabilitation benefits, substitution benefits and survivors' benefits required to be provided in motor vehicle liability insurance policies pursuant to this act.

(r) "Rehabilitation benefits" means allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary psychiatric or psychological services, occupational therapy and such occupational training and retraining as may be reasonably necessary to enable the injured person to obtain suitable employment.

(s) "Relative residing in the same household" means a relative of any degree by blood, marriage or adoption, who usually makes such person's home in the same family unit, whether or not temporarily living elsewhere.

(t) "Security interest" means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security.

(u) "Self-insurer" means any person effecting self-insurance pursuant to subsection (f) of K.S.A. 40-3104, and amendments thereto, or any nonresident self-insurer that has filed the form prescribed in subsection (b) of K.S.A. 40-3106, and amendments thereto.

(v) "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls and scrapers, power shovels and drag lines and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(w) "Substitution benefits" means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of such person or such person's family, subject to a maximum of $25 per day for not longer than 365 days after the date such expenses are incurred.

(x) "Survivor" means a decedent's spouse, or child under the age of 18 years, where death of the decedent resulted from an injury.

(y) "Survivors' benefits" means total allowances to all survivors for: (1) Loss of an injured person's monthly earnings after such person's death, up to a maximum of not less than $900 per month; and (2) substitution benefits following the injured person's death. Expenses of the survivors which have been avoided by reason of the injured person's death shall be subtracted from the allowances to which survivors would otherwise be entitled, and survivors' benefits shall not be paid for more than one year after the injured person's death, less the number of months the injured person received disability benefits prior to such person's death. For purposes of this subsection, monthly earnings shall include, in the case of a person who was a social security recipient or a retirement or pension benefit recipient, or both, at the time of such injured person's death, 1/12 of the annual amount of the difference between the annual amount of the social security benefits or the retirement benefits, or both, that such injured person was receiving at the time of such injured person's death and the annual amount of the social security benefits or the retirement benefits, or both, that the survivor is receiving after the time of such injured person's death.

(z) "Uninsured motor vehicle" means any motor vehicle which is not included under an approved self-insurance plan of a self-insurer or for which there is not in effect a motor vehicle liability insurance policy meeting the requirements of this act.

(aa) "Any workmen's compensation law" means the workmen's compensation act of Kansas, the United States longshoremen's and harbor workers' compensation act, the federal employer liability acts, and any similar state or federal law.

History: L. 1974, ch. 193, § 3; L. 1977, ch. 28, § 5; L. 1987, ch. 173, § 1; L. 1994, ch. 62, § 1; L. 1999, ch. 87, § 3; March 1, 2000.

Notes of Decisions
Cited in 54 cases, 1976–2020 · leading case: Polson v. Farmers Ins. Co., Inc.
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Polson v. Farmers Ins. Co., Inc. (2009) kan · cites it 14× “58-709, one could draw the logical conclusion that the legislature also intended each spouse under the present circumstance — having suffered simultaneous deaths in an automobile accident — to be considered “survivors” of each other for purposes of receiving survivors’ benefits…”
Hand v. State Farm Mutual Automobile Insurance (1978) kanctapp · cites it 8× “” (K.S.A. 1977 Supp. 40-3103[y].) At issue is interpretation of “allowances to all survivors for: (1) Loss of an injured person’s monthly earnings after his or her death .”
Farm & City Insurance v. American Standard Insurance (1976) kan · cites it 4× “The following definitions are set forth under section 40-3103: “(b) ‘Disability benefits’ means allowances for loss of monthly earnings due to an injured person’s inability to engage in available and appropriate gainful activity, subject to the following conditions and…”
Bradley v. AID Insurance Co. (1981) kanctapp · cites it 10× “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
Hall v. State Farm Mutual Automobile Insurance (1983) kanctapp · cites it 7× “40-3103(q) is restricted to only the medical benefits actually required to be included in an insurance policy as outlined in K.S.A. 40-3103(/c). Anything beyond the minimum $2,000 requirement should not, they argüe, be included within the definition of PIP benefits and…”
House v. American Family Mutual Insurance (1992) kan · cites it 4× “" K.S.A. 1991 Supp. 40-3103(q). "Disability benefits" are defined to include lost wages.”
Hephner v. Traders Insurance (1993) kan · cites it 5× “K.S.A. 1992 Supp. 40-3103(q). “ ‘Substitution benefits’ means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would *228 have performed for the benefit of…”
Miner v. Farm Bur. Mut. Ins. Co., Inc. (1992) kanctapp · cites it 4× “The policy pages describing the PIP benefits, including substitution services and rehabilitation expenses benefits, are clearly defined, with the procedure for obtaining any benefit covered set out in paragraph 2 under the payments section.”
Bishop v. Empire Fire & Marine Insurance (1999) ksd · cites it 14× “Alternatively, defendants move for partial summary judgment with respect to the issue of damages, claiming that the UM coverage available for bodily injury (“BI”) is limited to the statutory minimum of $25,000, and that PIP coverage is limited to the statutory minimum amounts…”
McCullough v. Wilson (2018) kan “In K.S.A. 40-3103, the Legislature sets forth definitions that apply to the KAIRA, but "assignment" is not included.”
Bolz v. State Farm Mut. Ins. Co. (2002) kan · cites it 2× “" K.S.A. 40-3103(k). Neither party recognizes that Article 22 of the Insurance Code of Kansas, which governs all insurance, states the uniform provisions required for all policies that include medical coverage.”
Safeco Insurance Co. of America v. Allen (1997) kan · cites it 2× “40-3107 is in effect for such vehicle. K.S.A. 40-3107(f) requires that a motor vehicle liability policy provide personal injury protection benefits to the named insured that, under K.”
Show all 54 citing cases →
— K.S.A. § 40-3103(1) — 6 cases
Hand v. State Farm Mutual Automobile Insurance (1978) kanctapp “” (K.S.A. 1977 Supp. 40-3103[y].) At issue is interpretation of “allowances to all survivors for: (1) Loss of an injured person’s monthly earnings after his or her death .”
Bradley v. AID Insurance Co. (1981) kanctapp “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
Burriss v. Northern Assurance Co. of America (1984) kan
Dewey v. Allstate Insurance (1981) ksd
Morgan v. State Farm Mutual Automobile Insurance (1980) kanctapp
— K.S.A. § 40-3103(1)(2) — 1 case
Morgan v. State Farm Mutual Automobile Insurance (1980) kanctapp
— K.S.A. § 40-3103(7) — 1 case
Dewey v. Allstate Insurance (1981) ksd
— K.S.A. § 40-3103(b) — 9 cases
House v. American Family Mutual Insurance (1992) kan “" K.S.A. 1991 Supp. 40-3103(q). "Disability benefits" are defined to include lost wages.”
Miner v. Farm Bur. Mut. Ins. Co., Inc. (1992) kanctapp “The policy pages describing the PIP benefits, including substitution services and rehabilitation expenses benefits, are clearly defined, with the procedure for obtaining any benefit covered set out in paragraph 2 under the payments section.”
Hand v. State Farm Mutual Automobile Insurance (1978) kanctapp “” (K.S.A. 1977 Supp. 40-3103[y].) At issue is interpretation of “allowances to all survivors for: (1) Loss of an injured person’s monthly earnings after his or her death .”
Davis v. Hughes (1981) kan
Bradley v. AID Insurance Co. (1981) kanctapp “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
— K.S.A. § 40-3103(d) — 2 cases
Bradley v. AID Insurance Co. (1981) kanctapp “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
Bishop v. Empire Fire & Marine Insurance (1999) ksd “Alternatively, defendants move for partial summary judgment with respect to the issue of damages, claiming that the UM coverage available for bodily injury (“BI”) is limited to the statutory minimum of $25,000, and that PIP coverage is limited to the statutory minimum amounts…”
— K.S.A. § 40-3103(fc) — 1 case
Hall v. State Farm Mutual Automobile Insurance (1983) kanctapp “40-3103(q) is restricted to only the medical benefits actually required to be included in an insurance policy as outlined in K.S.A. 40-3103(/c). Anything beyond the minimum $2,000 requirement should not, they argüe, be included within the definition of PIP benefits and…”
— K.S.A. § 40-3103(g) — 1 case
Farmers Insurance v. Southwestern Bell Telephone Co. (2005) kan
— K.S.A. § 40-3103(h) — 2 cases
Morgan v. State Farm Mutual Automobile Insurance (1980) kanctapp
Armacost v. State Farm Mutual Automobile Insurance (1982) kan
— K.S.A. § 40-3103(i) — 4 cases
Garrison v. State Farm Mutual Automobile Insurance (1995) kan
Garrison v. State Farm Mutual Automobile Insurance (1995) kanctapp
Whitaker v. State Farm Mutual Automobile Insurance (1989) kanctapp
Coe v. Security National Insurance (1980) kanctapp
— K.S.A. § 40-3103(k) — 6 cases
Bolz v. State Farm Mut. Ins. Co. (2002) kan “" K.S.A. 40-3103(k). Neither party recognizes that Article 22 of the Insurance Code of Kansas, which governs all insurance, states the uniform provisions required for all policies that include medical coverage.”
Safeco Insurance Co. of America v. Allen (1997) kan “40-3107 is in effect for such vehicle. K.S.A. 40-3107(f) requires that a motor vehicle liability policy provide personal injury protection benefits to the named insured that, under K.”
State Farm Mutual Automobile Insurance v. Baker (1990) kanctapp
Miner v. Farm Bur. Mut. Ins. Co., Inc. (1992) kanctapp “The policy pages describing the PIP benefits, including substitution services and rehabilitation expenses benefits, are clearly defined, with the procedure for obtaining any benefit covered set out in paragraph 2 under the payments section.”
Betz v. Farm Bureau Mutual Insurance Agency of Kansas, Inc. (2000) kan
— K.S.A. § 40-3103(l) — 1 case
Bradley v. AID Insurance Co. (1981) kanctapp “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
— K.S.A. § 40-3103(m) — 5 cases
Farm Bureau Mutual Insurance v. Horinek (1983) kan
Kresyman v. State Farm Mutual Automobile Insurance (1981) kanctapp
Dreiling v. State Farm Mutual Automobile Insurance (1980) kan
Harlan v. United Fire & Casualty Co. (2016) ksd
State v. Damman (1989) kan
— K.S.A. § 40-3103(o) — 1 case
State v. Damman (1989) kan
— K.S.A. § 40-3103(q) — 15 cases
Hall v. State Farm Mutual Automobile Insurance (1983) kanctapp “40-3103(q) is restricted to only the medical benefits actually required to be included in an insurance policy as outlined in K.S.A. 40-3103(/c). Anything beyond the minimum $2,000 requirement should not, they argüe, be included within the definition of PIP benefits and…”
House v. American Family Mutual Insurance (1992) kan “" K.S.A. 1991 Supp. 40-3103(q). "Disability benefits" are defined to include lost wages.”
Adkins v. Hontz (2011) moctapp
Polson v. Farmers Ins. Co., Inc. (2009) kan “58-709, one could draw the logical conclusion that the legislature also intended each spouse under the present circumstance — having suffered simultaneous deaths in an automobile accident — to be considered “survivors” of each other for purposes of receiving survivors’ benefits…”
Rich v. Farm Bureau Mutual Insurance (1992) kan
— K.S.A. § 40-3103(u) — 3 cases
Overbaugh v. Strange (1994) kan
Farmers Insurance v. Southwestern Bell Telephone Co. (2005) kan
Burt v. Schrubba (1998) kanctapp
— K.S.A. § 40-3103(w) — 3 cases
Hephner v. Traders Insurance (1993) kan “K.S.A. 1992 Supp. 40-3103(q). “ ‘Substitution benefits’ means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would *228 have performed for the benefit of…”
Hephner ex rel. Hephner v. Traders Insurance (1993) kanctapp
– Williams v. Geico General Ins. Co. – (2020) kan
— K.S.A. § 40-3103(x) — 6 cases
Polson v. Farmers Ins. Co., Inc. (2009) kan “58-709, one could draw the logical conclusion that the legislature also intended each spouse under the present circumstance — having suffered simultaneous deaths in an automobile accident — to be considered “survivors” of each other for purposes of receiving survivors’ benefits…”
Daniels v. State Farm Mutual Automobile Insurance (1980) pasuperct
Hand v. State Farm Mutual Automobile Insurance (1978) kanctapp “” (K.S.A. 1977 Supp. 40-3103[y].) At issue is interpretation of “allowances to all survivors for: (1) Loss of an injured person’s monthly earnings after his or her death .”
Hephner v. Traders Insurance (1993) kan “K.S.A. 1992 Supp. 40-3103(q). “ ‘Substitution benefits’ means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would *228 have performed for the benefit of…”
Hephner ex rel. Hephner v. Traders Insurance (1993) kanctapp
— K.S.A. § 40-3103(y) — 9 cases
Polson v. Farmers Ins. Co., Inc. (2009) kan “58-709, one could draw the logical conclusion that the legislature also intended each spouse under the present circumstance — having suffered simultaneous deaths in an automobile accident — to be considered “survivors” of each other for purposes of receiving survivors’ benefits…”
Hand v. State Farm Mutual Automobile Insurance (1978) kanctapp “” (K.S.A. 1977 Supp. 40-3103[y].) At issue is interpretation of “allowances to all survivors for: (1) Loss of an injured person’s monthly earnings after his or her death .”
Bradley v. AID Insurance Co. (1981) kanctapp “This interpretation, in our opinion, renders survivors’ benefits allowances consistent with allowances for disability benefits as defined by K.S.A. 1977 Supp. 40-3103(b). “The Act defines ‘monthly earnings.”
DiBassie v. AM. STANDARD INS. CO. OF WISCONSIN (1983) kanctapp
Hephner v. Traders Insurance (1993) kan “K.S.A. 1992 Supp. 40-3103(q). “ ‘Substitution benefits’ means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would *228 have performed for the benefit of…”
— K.S.A. § 40-3103(y)(l) — 1 case
Coe v. Security National Insurance (1980) kanctapp
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