40-3111.
Lawful charges for treatment or occupational training of injured person; action to recover overdue benefits; allowance of attorney's fee.
(a) A physician, hospital, clinic or other person or institution lawfully rendering treatment to an injured person for an injury covered by personal injury protection benefits and a person or institution providing rehabilitative occupational training following the injury, may charge a reasonable amount for the products, services and accommodations rendered. The charge shall not exceed the amount the person or institution customarily charges for like products, services and accommodations in cases not involving insurance, and allowances for medical benefits under this act do not include that portion of the charge for a room in any hospital, clinic, convalescent or nursing home, extended care facility or any similar facility in excess of the reasonable and customary charge for semiprivate accommodations unless intensive care is medically required.
(b) An attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal injury protection benefits which are overdue. The attorney's fee shall be a charge against the insurer or self-insurer in addition to the benefits recovered, if the court finds that the insurer or self-insurer unreasonably refused to pay the claim or unreasonably delayed in making proper payment.
Within the discretion of the court, an insurer or self-insurer may be allowed an award of a reasonable sum as attorney's fee, based upon actual time expended, and all reasonable costs of suit for its defense against a person making claim against such insurer or self-insurer where such claim was fraudulent, excessive or frivolous, and such attorney's fee and all such reasonable costs of suit so awarded may be treated as an offset against any benefits due or to become due to such person.
History:
L. 1974, ch. 193, § 11; February 22.
Notes of Decisions
Scott v. State Farm Mut. Auto. Ins., 850 P.2d 262 (Kan. Ct. App. 1992).
· cites it 16× “If the opinion differs from a policyholder's bills, as to reasonableness and necessity, the company assumes it can, under KSA 40-3111(b), raise the question of whether it has `reasonable proof' to deny the claim.”
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
· cites it 4× “40-3107(f); K.S.A. 40-3111(a). The free assignment of post-loss PIP benefits was provided for by the legislature in regulating accident and health insurance policies and was also required under the uniform policy provisions.”
Miner v. Farm Bur. Mut. Ins. Co., Inc., 841 P.2d 1093 (Kan. Ct. App. 1992).
· cites it 4× “K.S.A. 40-3111(b) provides for the recovery of attorney fees against the insurer or self-insurer when “the court finds that the insurer or self-insurer unreasonably refused to pay the claim or *620 unreasonably delayed in making proper payment.”
Easom v. Farmers Ins. Co., 560 P.2d 117 (Kan. 1977).
· cites it 2× “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.”
Dibassie v. Am. Stand. Ins. Co. of Wisconsin, 661 P.2d 812 (Kan. Ct. App. 1983).
· cites it 3× “40-256 were relevant and applicable to claims under K.S.A. 40-3111(£ ). The court also summarized the case law surrounding 40-256: “Construing K.”
Lara v. Vasquez, 98 P.3d 660 (Kan. Ct. App. 2004).
· cites it 6× “However, in January 2002, AIU filed a notice of claim for attorney fees pursuant to K.S.A. 40-3111(b). AIU’s attorney prepared a journal entry which included a statement that Lara was contesting the issue of attorney fees.”
Hand v. State Farm Mut. Auto. Ins., 577 P.2d 1202 (Kan. Ct. App. 1978).
· cites it 2× “K.S.A. 1977 Supp. 40-3111(b) provides in part as follows: “(b) An attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal injury protection benefits which are overdue.”
Spencer v. Aetna Life & Cas. Ins., 611 P.2d 149 (Kan. 1980).
“40-3111 provides attorneys’ fees for advising and representing a claimant in an action to recover overdue personal injury protection benefits may be charged against an insurer or self-insurer “if the court finds that the insurer or self-insurer unreasonably refused to pay the…”
Whitaker v. State Farm Mut. Auto. Ins., 768 P.2d 320 (Kan. Ct. App. 1989).
· cites it 2× “*285 The second applicable statute is K.S.A. 40-3111(b), which provides that an insurer is liable for fees if it “unreasonably refused” to pay PIP benefits.”
Wilson v. Am. Fid. Ins., 625 P.2d 1117 (Kan. 1981).
“In K.S.A. 1980 Supp. 40-3111(b) it is provided that an attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal injury protection benefits which are overdue.”
Egy v. United States Fid. & Guar. Co., 661 P.2d 1239 (Kan. Ct. App. 1982).
· cites it 2× “40-3110[h]) and possible liability for payment of attorney fees (K.S.A. 40-3111[h]). The problem confronted here is determination of the duty and rights of this automobile liability insurer where its benefit payment responsibilities are dependent upon an unadjudicated fact, that…”
— K.S.A. § 40-3111(6) — 1 case
— K.S.A. § 40-3111(a) — 1 case
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
“40-3107(f); K.S.A. 40-3111(a). The free assignment of post-loss PIP benefits was provided for by the legislature in regulating accident and health insurance policies and was also required under the uniform policy provisions.”
— K.S.A. § 40-3111(b) — 15 cases
Scott v. State Farm Mut. Auto. Ins., 850 P.2d 262 (Kan. Ct. App. 1992).
“If the opinion differs from a policyholder's bills, as to reasonableness and necessity, the company assumes it can, under KSA 40-3111(b), raise the question of whether it has `reasonable proof' to deny the claim.”
Miner v. Farm Bur. Mut. Ins. Co., Inc., 841 P.2d 1093 (Kan. Ct. App. 1992).
“K.S.A. 40-3111(b) provides for the recovery of attorney fees against the insurer or self-insurer when “the court finds that the insurer or self-insurer unreasonably refused to pay the claim or *620 unreasonably delayed in making proper payment.”
Lara v. Vasquez, 98 P.3d 660 (Kan. Ct. App. 2004).
“However, in January 2002, AIU filed a notice of claim for attorney fees pursuant to K.S.A. 40-3111(b). AIU’s attorney prepared a journal entry which included a statement that Lara was contesting the issue of attorney fees.”
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002).
“40-3107(f); K.S.A. 40-3111(a). The free assignment of post-loss PIP benefits was provided for by the legislature in regulating accident and health insurance policies and was also required under the uniform policy provisions.”
Hand v. State Farm Mut. Auto. Ins., 577 P.2d 1202 (Kan. Ct. App. 1978).
“K.S.A. 1977 Supp. 40-3111(b) provides in part as follows: “(b) An attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal injury protection benefits which are overdue.”
— K.S.A. § 40-3111(fe) — 1 case
Dibassie v. Am. Stand. Ins. Co. of Wisconsin, 661 P.2d 812 (Kan. Ct. App. 1983).
“40-256 were relevant and applicable to claims under K.S.A. 40-3111(£ ). The court also summarized the case law surrounding 40-256: “Construing K.”
— K.S.A. § 40-3111(h) — 4 cases
Dibassie v. Am. Stand. Ins. Co. of Wisconsin, 661 P.2d 812 (Kan. Ct. App. 1983).
“40-256 were relevant and applicable to claims under K.S.A. 40-3111(£ ). The court also summarized the case law surrounding 40-256: “Construing K.”
Egy v. United States Fid. & Guar. Co., 661 P.2d 1239 (Kan. Ct. App. 1982).
“40-3110[h]) and possible liability for payment of attorney fees (K.S.A. 40-3111[h]). The problem confronted here is determination of the duty and rights of this automobile liability insurer where its benefit payment responsibilities are dependent upon an unadjudicated fact, that…”
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