Kansas Statutes Annotated

K.S.A. § 75-6111 (2026)

Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements

✓ current as of May 2026

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75-6111. Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements. (a) A governmental entity may obtain insurance to provide for (1) its defense, (2) for its liability for claims pursuant to this act, including liability for civil rights actions as provided in K.S.A. 75-6116 and amendments thereto, (3) the defense of its employees, and (4) for medical payment insurance when purchased in conjunction with insurance authorized by (1), (2) or (3) above.

Any insurance purchased under the provisions of this section may be purchased from any insurance company or association. In the case of municipalities any such insurance may be obtained by competitive bids or by negotiation. In the case of the state, any such insurance shall be purchased in the manner and subject to the limitations prescribed by K.S.A. 75-4114, and amendments thereto, except as provided in K.S.A. 76-749, and amendments thereto. With regard to claims pursuant to the Kansas tort claims act, insurers of governmental entities may avail themselves of any defense that would be available to a governmental entity defending itself in an action within the scope of this act, except that the limitation on liability provided by subsection (a) of K.S.A. 75-6105 and amendments thereto shall not be applicable where the contract of insurance provides for coverage in excess of such limitation in which case the limitation on liability shall be fixed at the amount for which insurance coverage has been purchased or, where the governmental entity has entered into a pooling arrangement or agreement pursuant to subsection (b)(2) and has provided for coverage in excess of such limitation by ordinance or resolution of its governing body, in which case the limitation on liability shall be fixed at the amount specified in such ordinance or resolution.

(b) Pursuant to the interlocal cooperation act, municipalities may enter into interlocal agreements providing for:

(1) The purchase of insurance to provide for the defense of employees and for liability for claims pursuant to this act; or

(2) pooling arrangements or other agreements to share and pay expenditures for judgments, settlements, defense costs and other direct or indirect expenses incurred as a result of implementation of this act including, but not limited to, the establishment of special funds to pay such expenses.

History: L. 1979, ch. 186, § 11; L. 1986, ch. 330, § 4; L. 1987, ch. 74, § 16; L. 1987, ch. 353, § 6; July 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1984–2024 · leading case: Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991).

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Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). · cites it 12× “75-6105(a) states: "Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

Jackson v. City of Kansas City, 680 P.2d 877 (Kan. 1984). · cites it 3× “75-6105(c) provided: “Subject to the provisions of K.S.A. 1979 Supp. 75-6111, the liability of a governmental entity for claims within the scope of this act shall not exceed five hundred thousand dollars ($500,000) for any number of claims arising out of a single occurrence or…”

Est. of Sisk v. Manzanares, 270 F. Supp. 2d 1265 (D. Kan. 2003). “Given the court's ruling that the KTCA does not operate to enlarge liability beyond the wrongful death statute damage cap, plaintiffs' separate argument regarding K.S.A. 75-6111 is moot. Suffice it to say, however, that the court believes this argument is frivolous.”

Maryland State High. Admin. v. Kim, 726 A.2d 238 (Md. 1999). “75-6105, which provides in relevant part: "(a) Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not *330 exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

Lee v. Wyandotte Cnty., Kan., 586 F. Supp. 236 (D. Kan. 1984). “75-6105(a) appears to be applicable to the instant case, there is an exception to that limit, set out in K.S.A. 75-6111. In light of the potential applicability of this exception, we cannot say, as a matter of law, that the plaintiffs’ damages for their state law claims are…”

R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “75-6104. K.S.A. 2021 Supp. 12-105b imposes a pre-suit notice requirement for claims against municipalities.”

Wilmer v. Bd. of Cnty. Commissioners of Leavenworth Cnty., 916 F. Supp. 1079 (D. Kan. 1996). “The Kansas Tort Claims Act provides in pertinent part: (a) Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shah not exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

Abramovitz v. Intact Servs. USA, LLC (D. Kan. 2024). · cites it 14× “§ 75-6105 is not absolute, and the damages cap is raised under K.S.A. § 75-6111. K.S.A. § 75-6105(a) provides that “[s]ubject to the provisions of K.”

Speer v. Farm Bureau Mut. Ins. Co., Inc., 226 P.3d 558 (Kan. Ct. App. 2010). “75-6105(a) and (b) provide: "(a) Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

Speer v. Farm Bureau Mut. Ins., 226 P.3d 558 (Kan. Ct. App. 2010). “75-6105(a) and (b) provide: “(a) Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

— K.S.A. § 75-6111(a) — 3 cases

Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). “75-6105(a) states: "Subject to the provisions of K.S.A. 75-6111 and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.”

R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). “75-6104. K.S.A. 2021 Supp. 12-105b imposes a pre-suit notice requirement for claims against municipalities.”

Abramovitz v. Intact Servs. USA, LLC (D. Kan. 2024). “§ 75-6105 is not absolute, and the damages cap is raised under K.S.A. § 75-6111. K.S.A. § 75-6105(a) provides that “[s]ubject to the provisions of K.”

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