44-559.
Insurance against liability; form and contents of policy.
Every policy of insurance against liability under this act shall be in accordance with the provisions of this act and shall be in a form approved by the commissioner of insurance. Such policy shall contain an agreement that the insurer accepts all of the provisions of this act, that the same may be enforced by any person entitled to any rights under this act as well as by the employer, that the insurer shall be a party to all agreements or proceedings under this act, and his appearance may be entered therein and jurisdiction over his person may be obtained as in this act provided, and such covenants shall be enforceable notwithstanding any default of the employer.
History:
L. 1927, ch. 232, § 56; June 30.
Notes of Decisions
Abbey v. Cleveland Inspection Servs., Inc., 41 P.3d 297 (Kan. Ct. App. 2002).
· cites it 2× “Such policy shall contain an agreement that the insurer accepts all of the provisions of this act, that the same may be enforced by any person entitled to any rights under this act as well as by the employer, that the insurer shall be a party to all agreements or proceedings…”
Miller v. Miller, 768 P.2d 308 (Kan. Ct. App. 1989).
“In our view, it follows that in the usual workers’ compensation proceeding where the insurance carrier’s coverage is acknowledged or otherwise established, as to the claimant the employer virtually is a nominal respondent; in civil procedure parlance, the claimant’s “action”…”
White v. RGV Pizza Hut (Kan. Ct. App. 2021).
“The court held the Insurance Fund lacked minimum contacts with Kansas and could not have been subject to liability under K.S.A. 44-559, a specific statute governing insurance carriers.”
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