40-3110.
Same; primary status of benefits, exception; when payable; time limitation on claims; overdue payments.
(a) Except for benefits payable under any workmen's compensation law, which shall be credited against the personal injury protection benefits provided by subsection (f) of K.S.A. 40-3107, personal injury protection benefits due from an insurer or self-insurer under this act shall be primary and shall be due and payable as loss accrues, upon receipt of reasonable proof of such loss and the amount of expenses and loss incurred which are covered by the policy issued in compliance with this act. An insurer or self-insurer may require written notice to be given as soon as practicable after an accident involving a motor vehicle with respect to which the insurer's policy of motor vehicle liability insurance affords the coverage required by this act. No claim for personal injury protection benefits may be made after two (2) years from the date of the injury.
(b) Personal injury protection benefits payable under this act shall be overdue if not paid within thirty (30) days after the insurer or self-insurer is furnished written notice of the fact of a covered loss and of the amount of same, except that disability benefits payable under this act shall be paid not less than every two (2) weeks after such notice. If such written notice is not furnished as to the entire claim, any partial amounts supported by written notice is overdue if not paid within thirty (30) days after such written notice is furnished. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within thirty (30) days after such written notice is so furnished: Provided, That no such payment shall be deemed overdue where the insurer or self-insurer has reasonable proof to establish that it is not responsible for the payment, notwithstanding that written notice has been furnished. For the purpose of calculating the extent to which any personal injury protection benefits are overdue, payment shall be treated as being made on the date a draft or other valid instrument which is equivalent to payment was placed in the United States mail in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. All overdue payments shall bear simple interest at the rate of eighteen percent (18%) per annum.
History:
L. 1974, ch. 193, § 10; February 22.
Notes of Decisions
House v. Am. Fam. Mut. Ins., 837 P.2d 391 (Kan. 1992).
· cites it 29× “The crafting of a resolution requires the blending of statutory and insurance policy references to PIP payments and workers compensation benefits.”
Miner v. Farm Bur. Mut. Ins. Co., Inc., 841 P.2d 1093 (Kan. Ct. App. 1992).
· cites it 16× “Farm Bureau also contends the filing of the lawsuit does not fulfill the required notice for benefits needed under the no-fault law, K.S.A. 40-3110, and that Miner needed to present written notice and evidence of the amount of her loss on each benefit claimed before filing suit.”
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
· cites it 6× “40-3107(f); (2) the KAIRA contains a prompt payment requirement, K.S.A. 40-3110(a) (PIP benefits are "due and payable as loss accrues, upon receipt of reasonable proof of such loss.”
Scott v. State Farm Mut. Auto. Ins., 850 P.2d 262 (Kan. Ct. App. 1992).
· cites it 11× “The award of interest on PIP benefits is governed by K.S.A. 40-3110, which provides in part: "(b) Personal injury protection benefits payable under this act shall be overdue if not paid within thirty (30) days after the insurer or self-insurer is furnished written notice of the…”
Safeco Ins. Co. of Am. v. Allen, 941 P.2d 1365 (Kan. 1997).
· cites it 3× “” *815 Safeco urges this court to overturn the decision in Baker “because the conclusion reached by the [Court of Appeals] is in error insofar as the Court failed to consider the express language of the statute, K.S.A. 40-3110(a).” K.S.A. 40-3110(a) provides, in part:…”
Farm & City Ins. v. Am. Stand. Ins., 552 P.2d 1363 (Kan. 1976).
· cites it 2× “” Before passing over section 40-3110 we note it provides that PIP benefits due from an insurer under the act are primary and shall be due and payable beginning 30 days after the insurer is furnished written notice of loss.”
Easom v. Farmers Ins. Co., 560 P.2d 117 (Kan. 1977).
“Under K.S.A. 1975 Supp. 40-3110 ( b ) PIP benefits are overdue if not paid within thirty days after notice and bear simple interest at the rate of eighteen percent per annum.”
Egy v. United States Fid. & Guar. Co., 661 P.2d 1239 (Kan. Ct. App. 1982).
· cites it 3× “The no-fault act calls for payment as the insured’s loss accrues (K.S.A. 40-3110[a]), and overdue payments subject the insurer to the imposition of interest (K.”
Wilson v. Am. Fid. Ins., 625 P.2d 1117 (Kan. 1981).
“By way of contrast, K.S.A. 1980 Supp. 40-3110 requires payment of PIP payments within thirty days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the same.”
Hand v. State Farm Mut. Auto. Ins., 577 P.2d 1202 (Kan. Ct. App. 1978).
“The case is remanded with direction to enter judgment for the plaintiffs in the amount of $7,800, together with interest to be determined pursuant to K.S.A. 1977 Supp. 40-3110(b).”
— K.S.A. § 40-3110(a) — 7 cases
House v. Am. Fam. Mut. Ins., 837 P.2d 391 (Kan. 1992).
“The crafting of a resolution requires the blending of statutory and insurance policy references to PIP payments and workers compensation benefits.”
Safeco Ins. Co. of Am. v. Allen, 941 P.2d 1365 (Kan. 1997).
“” *815 Safeco urges this court to overturn the decision in Baker “because the conclusion reached by the [Court of Appeals] is in error insofar as the Court failed to consider the express language of the statute, K.S.A. 40-3110(a).” K.S.A. 40-3110(a) provides, in part:…”
Miner v. Farm Bur. Mut. Ins. Co., Inc., 841 P.2d 1093 (Kan. Ct. App. 1992).
“Farm Bureau also contends the filing of the lawsuit does not fulfill the required notice for benefits needed under the no-fault law, K.S.A. 40-3110, and that Miner needed to present written notice and evidence of the amount of her loss on each benefit claimed before filing suit.”
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
“40-3107(f); (2) the KAIRA contains a prompt payment requirement, K.S.A. 40-3110(a) (PIP benefits are "due and payable as loss accrues, upon receipt of reasonable proof of such loss.”
Egy v. United States Fid. & Guar. Co., 661 P.2d 1239 (Kan. Ct. App. 1982).
“The no-fault act calls for payment as the insured’s loss accrues (K.S.A. 40-3110[a]), and overdue payments subject the insurer to the imposition of interest (K.”
— K.S.A. § 40-3110(b) — 10 cases
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
“40-3107(f); (2) the KAIRA contains a prompt payment requirement, K.S.A. 40-3110(a) (PIP benefits are "due and payable as loss accrues, upon receipt of reasonable proof of such loss.”
Miner v. Farm Bur. Mut. Ins. Co., Inc., 841 P.2d 1093 (Kan. Ct. App. 1992).
“Farm Bureau also contends the filing of the lawsuit does not fulfill the required notice for benefits needed under the no-fault law, K.S.A. 40-3110, and that Miner needed to present written notice and evidence of the amount of her loss on each benefit claimed before filing suit.”
Scott v. State Farm Mut. Auto. Ins., 850 P.2d 262 (Kan. Ct. App. 1992).
“The award of interest on PIP benefits is governed by K.S.A. 40-3110, which provides in part: "(b) Personal injury protection benefits payable under this act shall be overdue if not paid within thirty (30) days after the insurer or self-insurer is furnished written notice of the…”
— K.S.A. § 40-3110(fc) — 1 case
— K.S.A. § 40-3110(h) — 1 case
— K.S.A. § 40-3110(n) — 1 case
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