40-2910. Same; claims; exhaustion of rights under policy; recovery reductions. (a) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim shall be required to exhaust first his right under such policy. A claim under an insurance policy shall include a claim under any kind of insurance, whether such claim is a first party or third party claim, and shall include, without limitation, accident and health insurance, workers' compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Any amount payable on a covered claim under this act shall be reduced by the amount of any recovery under such other insurance policy.
(b) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, from the association of the location of the property, and if it is a workmen's compensation claim, from the association of the residence of the claimant. Any recovery under this act shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.
(c) The provisions of this section, as amended, shall apply to all claims which have not been paid prior to the effective date of this act.
History: L. 1970, ch. 185, § 10; L. 2005, ch. 92, § 4; Apr. 14.
Structure Kansas Statutes
Article 29 - Kansas Insurance Guaranty Association Act
40-2901 Purpose and construction.
40-2904 Same; creation of nonprofit association, membership; functions.
40-2905 Board of directors; selection; vacancies; expenses.
40-2906 Insolvency of insurer; duties of association; powers; certificate of contribution.
40-2906a Certificate of contribution as asset of insurer; offset against premium tax liability.
40-2908 Same; powers and duties of commissioner.
40-2910 Same; claims; exhaustion of rights under policy; recovery reductions.
40-2911 Same; detection and prevention of insurer insolvencies; reports and recommendations.
40-2912 Same; association subject to examination and regulation by commissioner; financial report.
40-2914 Same; rates and premiums of policies to include amounts of assessments to association.
40-2915 Same; liability of parties for actions.