Kansas Statutes Annotated

K.S.A. § 40-3108 (2026)

Personal injury protection benefits; authorized exclusions

✓ current as of May 2026

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40-3108. Personal injury protection benefits; authorized exclusions. Any insurer may exclude benefits required by subsection (f) of K.S.A. 40-3107: (a) For injury sustained by the named insured and relatives residing in the same household while occupying another motor vehicle owned by the named insured and not insured under the policy, or for injury sustained by any person operating the insured motor vehicle without the expressed or implied consent of the insured; and

(b) to any person suffering injury, if such person: (1) Caused injury to himself intentionally; (2) was an intentional converter of a motor vehicle at the time the injury was sustained; (3) was injured as a result of conduct within the course of a business of repairing, servicing or otherwise maintaining motor vehicles, unless such conduct occurred off of the business premises; or (4) was injured as a result of conduct in the course of loading and unloading a motor vehicle, unless the conduct occurred while occupying, entering into or alighting from such vehicle.

History: L. 1974, ch. 193, § 8; February 22.

Notes of Decisions

Cited in 10 cases, 1976–1994 · leading case: McNemee v. Farmers Ins. Grp., 612 P.2d 645 (Kan. 1980).

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McNemee v. Farmers Ins. Grp., 612 P.2d 645 (Kan. 1980). · cites it 6× “However, the legislature has declared a different public policy for this State with reference to PIP coverage by enacting K.S.A. 1979 Supp. 40-3108. This statute permits an exclusion to prevent “stacking” of PIP benefits when the exclusion is written into a PIP endorsement.”

Farm & City Ins. v. Am. Stand. Ins., 552 P.2d 1363 (Kan. 1976). · cites it 2× “” Section 40-3108 relates to authorized exclusions and provides in pertinent part: “Any insurer may exclude benefits required by subsection (f) of section 7 [40-3107] of this act: (a) For injury sustained by the named insured and relatives residing in the same household while…”

Davis v. Hughes, 622 P.2d 641 (Kan. 1981). · cites it 2× “The court, in McNemee , noted K.S.A. 1979 Supp. 40-3108(a) which provides: “Any insurer may exclude benefits required by subsection (f) of section 7 [40-3107] of this act: (a) For injury sustained by the named insured and relatives residing in the same household while occupying…”

House v. Am. Fam. Mut. Ins., 837 P.2d 391 (Kan. 1992). · cites it 2× “2d 507 (1973) (superseded by K.S.A. 40-3108[a], which permits an insurer to disallow "stacking" of certain PIP benefits), and on Van Hoozer v.”

DeWitt v. Young, 625 P.2d 478 (Kan. 1981). “K.S.A. 1980 Supp. 40-3108, providing for personal injury benefits, contains specific exclusions from receiving PIP benefits, but none of the exclusions reduces coverage pertaining to motor vehicle liability insurance.”

Antanovich v. Allstate Ins., 467 A.2d 345 (Pa. 1984). “We have not overlooked Allstate’s argument that its premiums are calculated on the basis of the regulations of the Insurance Commissioner, with the expectation that its maximum liability for work loss benefits is $15,000.”

Bradley v. AID Ins. Co., 629 P.2d 720 (Kan. Ct. App. 1981). · cites it 2× “In McNemee , the Kansas Supreme Court distinguished Wasche because no express statutory provision authorizing an exclusion similar to K.S.A. 1980 Supp. 40-3108 was involved. In Wasche , as in the present case, the only statutory provision standing in the way of stacking was one…”

Kresyman v. State Farm Mut. Auto. Ins., 623 P.2d 524 (Kan. Ct. App. 1981). “The exclusions authorized by K.S.A. 1980 Supp. 40-3108 and made a part of defendant’s endorsement are immaterial except as to the stacking question.”

Overbaugh v. Strange, 867 P.2d 1016 (Kan. 1994). “40-3107, K.S.A. 40-3108, and K.S.A. 1992 Supp. 40-3113a); (2) treated the same in regard to the determination of who is to provide the primary benefit coverage (K.”

Beasley v. State Farm Mut. Auto. Ins., 682 P.2d 689 (Kan. Ct. App. 1984). · cites it 2× “*564 We are of the opinion that the policy issued by State Farm in this case does not restrict or delete the coverage mandated by the Automobile Injury Reparations Act, nor is it in derogation of K.S.A. 40-3108. We need not decide whether State Farm’s policy in this case is more…”

— K.S.A. § 40-3108(a) — 4 cases

McNemee v. Farmers Ins. Grp., 612 P.2d 645 (Kan. 1980). “However, the legislature has declared a different public policy for this State with reference to PIP coverage by enacting K.S.A. 1979 Supp. 40-3108. This statute permits an exclusion to prevent “stacking” of PIP benefits when the exclusion is written into a PIP endorsement.”

Davis v. Hughes, 622 P.2d 641 (Kan. 1981). “The court, in McNemee , noted K.S.A. 1979 Supp. 40-3108(a) which provides: “Any insurer may exclude benefits required by subsection (f) of section 7 [40-3107] of this act: (a) For injury sustained by the named insured and relatives residing in the same household while occupying…”

Bradley v. AID Ins. Co., 629 P.2d 720 (Kan. Ct. App. 1981). “In McNemee , the Kansas Supreme Court distinguished Wasche because no express statutory provision authorizing an exclusion similar to K.S.A. 1980 Supp. 40-3108 was involved. In Wasche , as in the present case, the only statutory provision standing in the way of stacking was one…”

— K.S.A. § 40-3108(b)(4) — 1 case

Beasley v. State Farm Mut. Auto. Ins., 682 P.2d 689 (Kan. Ct. App. 1984). “*564 We are of the opinion that the policy issued by State Farm in this case does not restrict or delete the coverage mandated by the Automobile Injury Reparations Act, nor is it in derogation of K.S.A. 40-3108. We need not decide whether State Farm’s policy in this case is more…”

— K.S.A. § 40-3108(o) — 2 cases

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