Printable Format40-2201. Accident and sickness policy; definition. (a) The term "policy of accident and sickness insurance" as used herein includes any policy or contract insuring against loss resulting from sickness or bodily injury or death by accident, or both, issued by a stock, or mutual company or association or any other insurer.
(b) The term "policy of stop loss or excess loss insurance coverage" means a policy, contract, endorsement, attachments, amendments or other modifications that insure against losses of the policyholder issued by a stock, or mutual company or association or any other insurer.
History: L. 1951, ch. 296, § 1; L. 1997, ch. 190, § 24; July 1.
Attorney General's Opinions:
Statutory basis for rules and regulations concerning prohibition of subrogation clauses by insurance commissioner. 84-35.
CASE ANNOTATIONS
1. Considered and construed; entire act effective at same time; applies to prior policy forms issued after effective date of act. Parker v. Continental Casualty Co., 191 Kan. 674, 675, 383 P.2d 937.
2. Cited in case holding plaintiff not entitled to receive additional death benefits. Williams v. C.T. Life and Accident Insurance Company, 303 F. Supp. 1208, 1211 (1968).
3. Mentioned; coordination of benefits clause in group accident and sickness policy upheld. Gibson v. Metropolitan Life Ins. Co., 213 Kan. 764, 768, 518 P.2d 422.
4. Authority of regulation to prohibit subrogation of medical benefits coverage other than PIP (K.S.A. 40-3113a) examined. Durrett v. Bryan, 14 Kan. App. 2d 723, 728, 799 P.2d 110 (1990).
5. Trial court affirmed in its action not to find insurance commissioner in contempt of its earlier order based on subsequent amendment of this section. American Trust Administrators, Inc. v. Sebelius, 267 Kan. 480, 490, 981 P.2d 248 (1999).
6. Insurance commissioner has authority under K.S.A. 44-2201 to regulate stop-loss policies, but attempt to do so is void for failure to comply with K.S.A. 77-415. American Trust Administrators, Inc. v. Kansas Insurance Dept., 273 Kan. 694, 44 P.3d 1253 (2002).