K.S.A. » Chapter 40

K.S.A. § 40-3422

Appeal bond

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

40-3422. Appeal bond. In any medical malpractice liability action, as defined by K.S.A. 60-3401, and amendments thereto, the proceedings shall be stayed on appeal by the filing of a supersedeas bond in the amount of the judgment for which the fund is liable. Such supersedeas bond shall be signed by the chairperson of the board of governors, or the chairperson's designee, as administrator of the health care stabilization fund without surety or other security.

History: L. 1986, ch. 229, § 31; L. 1994, ch. 155, § 10; L. 2014, ch. 56, § 20; July 1.

CASE ANNOTATIONS

1. Noted where statutory credit for workers compensation benefits (K.S.A. 40-3110) held applicable to maximum PIP benefits payable under policy terms. House v. American Fam. Mut. Ins. Co., 251 Kan. 419, 428, 837 P.2d 391 (1992).

2. Commissioner not required to execute appeal bond in excess of fund's liability plus interest and costs. Todd v. Kelly, 251 Kan. 512, 526, 837 P.2d 381 (1992).

3. Cited by dissent where majority found phrase "gambling place" in K.S.A. 21-4303 did not require showing of previous use. State v. Schlein, 253 Kan. 205, 221, 854 P.2d 296 (1993).

4. Supersedeas bond stays proceedings on appeal. Smith v. Almonte, 32 Kan. App. 2d 224, 81 P.3d 457 (2003).


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 5 cases, 1992–2003 · leading case: Todd v. Kelly
Sort: Relevance Newest Treatment
Todd v. Kelly (1992) kan · cites it 33× “” Judge Kelly of the federal district court found K.S.A. 40-3422 to be clear and unambiguous with no need for construction of the statute or consideration of any other statutes, in particular K.”
State v. Schlein (1993) kan · cites it 8× “2d 381 (1992), the United States Court of Appeals for the Tenth Circuit certified a question concerning the interpretation of K.S.A. 40-3422. The pertinent part of that statute to be interpreted was "the proceedings shall be stayed on appeal by the filing of a supersedeas bond…”
House v. American Family Mutual Insurance (1992) kan · cites it 10× “40-3403(e) *428 and K.S.A. 40-3422, relating to the Health Care Provider Insurance Availability Act, K.”
National Council on Compensation Insurance v. Todd (1995) kan · cites it 8× “However, as the foregoing rules and authorities clearly demonstrate, such a simplistic and narrow reading of the statute is not available to us.”
Smith v. Almonte (2003) kanctapp · cites it 2× “K.S.A. 40-3422 indicates that the judgment of liability is not stayed by the filing of Almonte’s appeal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.