Kansas Statutes Annotated

K.S.A. § 40-3109 (2026)

Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage

✓ current as of May 2026

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40-3109. Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage. (a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are required to be provided by this act or in such owner's policy of motor vehicle liability insurance for any injury:

(1) Sustained within the United States of America, its territories or possessions or Canada by the owner while:

(A) Occupying a motor vehicle not excluded by subsection (a) of K.S.A. 40-3108, and amendments thereto; or

(B) not an occupant of a motor vehicle if the injury is caused by physical contact with a motor vehicle;

(2) sustained by a relative of the owner residing in the same household, under the circumstances described in paragraph (1) of this subsection, if the relative at the time of the accident is not the owner of a motor vehicle with respect to which a motor vehicle liability insurance policy is required by this act;

(3) sustained in this state by any other person while occupying such motor vehicle or, if a resident of this state, while not an occupant of such motor vehicle if the injury is caused by physical contact with such motor vehicle, and the injured person is not the owner of a motor vehicle with respect to which a motor vehicle liability insurance policy is required under this act.

(b) If two or more insurers or self-insurers are liable to pay personal injury protection benefits for the same injury to any one person, the maximum benefits payable from all applicable policies shall be the highest limit of any one policy providing such personal injury protection benefits. The primary personal injury protection coverage shall be provided by the policy covering:

(1) The motor vehicle occupied by the injured person at the time of the accident; or

(2) the motor vehicle causing such physical contact.

History: L. 1974, ch. 193, § 9; L. 1984, ch. 167, § 3; L. 1987, ch. 173, § 4; January 1, 1988.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1976–2021 · leading case: Farm & City Ins. v. Am. Stand. Ins., 552 P.2d 1363 (Kan. 1976).

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Farm & City Ins. v. Am. Stand. Ins., 552 P.2d 1363 (Kan. 1976). · cites it 12× “The court further held that under the policies and the act both companies provided identical PIP benefit coverage to Danny Ray Tiller while an occupant in the Zimmerman accident vehicle, and that under sub-section 40-3109 (b) Farm & City was entitled to recover from American…”

Dreiling v. State Farm Mut. Auto. Ins., 610 P.2d 611 (Kan. 1980). · cites it 7× “” K.S.A. 1979 Supp. 40-3109, in relevant part, provides: “(a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are…”

Bradley v. AID Ins. Co., 629 P.2d 720 (Kan. Ct. App. 1981). · cites it 4× “K.S.A. 1980 Supp. 40-3109 states in relevant part: “(b) If two (2) or more insurers or self-insurers are liable to pay personal injury protection benefits for the same injury to any one (1) person, the maximum benefits payable shall be the total of the various maximum benefits…”

Jackson Ex Rel. Warren v. Browning, 908 P.2d 641 (Kan. Ct. App. 1995). · cites it 3× “K.S.A. 40-3109(a) provides; “[T]he insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are required to be provided by this act or in such…”

Kresyman v. State Farm Mut. Auto. Ins., 623 P.2d 524 (Kan. Ct. App. 1981). “” K.S.A. 1980 Supp. 40-3109( z)(3). As used in the act and insofar as is applicable, the phrase “ ‘Motor vehicle’ means every self-propelled vehicle of a kind required to be registered in this state.”

Leader Nat'l Ins. v. Shaw, 901 F. Supp. 316 (W.D. Okla. 1995). “See Policy at 8 & 10, Kan.Stat.Ann. § 40-3109. The Seelys were residents of Oklahoma at the time of the accident and are otherwise not eligible for PIP protection.”

Merritt v. Farmers Ins., 647 P.2d 1355 (Kan. Ct. App. 1982). · cites it 2× “The relevant statute, K.S.A. 40-3109, provides in part: “(a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are…”

Kansas Farm Bureau Ins. v. Miller, 696 P.2d 961 (Kan. 1985). “See K.S.A. 40-3109(b) prior to 1984 amendment.”

Riley v. Allstate Ins. Co., 281 P.3d 591 (Kan. Ct. App. 2012). · cites it 20× “” K.S.A. 40-3109 specifies the circumstances under which an insurer must pay PIP benefits.”

Morris v. Am. Stand. Ins., 996 P.2d 349 (Kan. Ct. App. 2000). · cites it 6× “An additional provision of the KAIRA, K.S.A. 40-3109, is also of prime importance.”

Overbaugh v. Strange, 867 P.2d 1016 (Kan. 1994). “40-3113a); (2) treated the same in regard to the determination of who is to provide the primary benefit coverage (K.S.A. 1992 Supp. 40-3109[b]); and (3) treated the same in that both are required to participate in the assigned claims plan under K.”

Hernandez v. Guar. Nat'l Ins., 22 P.3d 1075 (Kan. Ct. App. 2001). · cites it 2× “K.S.A. 40-3109(a)(3). See also Dreiling, 227 Kan.”

Show all 13 citing cases →

— K.S.A. § 40-3109(a) — 1 case

Jackson Ex Rel. Warren v. Browning, 908 P.2d 641 (Kan. Ct. App. 1995). “K.S.A. 40-3109(a) provides; “[T]he insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are required to be provided by this act or in such…”

— K.S.A. § 40-3109(a)(3) — 4 cases

Morris v. Am. Stand. Ins., 996 P.2d 349 (Kan. Ct. App. 2000). “An additional provision of the KAIRA, K.S.A. 40-3109, is also of prime importance.”

Riley v. Allstate Ins. Co., 281 P.3d 591 (Kan. Ct. App. 2012). “” K.S.A. 40-3109 specifies the circumstances under which an insurer must pay PIP benefits.”

Hernandez v. Guar. Nat'l Ins., 22 P.3d 1075 (Kan. Ct. App. 2001). “K.S.A. 40-3109(a)(3). See also Dreiling, 227 Kan.”

Wood v. Safeco Ins. Co. of Am. (D. Kan. 2021).

— K.S.A. § 40-3109(a)(4) — 2 cases

Dreiling v. State Farm Mut. Auto. Ins., 610 P.2d 611 (Kan. 1980). “” K.S.A. 1979 Supp. 40-3109, in relevant part, provides: “(a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are…”

Riley v. Allstate Ins. Co., 281 P.3d 591 (Kan. Ct. App. 2012). “” K.S.A. 40-3109 specifies the circumstances under which an insurer must pay PIP benefits.”

— K.S.A. § 40-3109(b) — 3 cases

Bradley v. AID Ins. Co., 629 P.2d 720 (Kan. Ct. App. 1981). “K.S.A. 1980 Supp. 40-3109 states in relevant part: “(b) If two (2) or more insurers or self-insurers are liable to pay personal injury protection benefits for the same injury to any one (1) person, the maximum benefits payable shall be the total of the various maximum benefits…”

Kansas Farm Bureau Ins. v. Miller, 696 P.2d 961 (Kan. 1985). “See K.S.A. 40-3109(b) prior to 1984 amendment.”

Riley v. Allstate Ins. Co., 281 P.3d 591 (Kan. Ct. App. 2012). “” K.S.A. 40-3109 specifies the circumstances under which an insurer must pay PIP benefits.”

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