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The Kansas No-Fault Automobile Insurance Law effective January 1, 1974 provides for the establishment and operation of the Kansas Automobile Assigned Claims Plan. This portion of the law, drafted by an all-industry committee, was implemented by then Insurance Commissioner Fletcher Bell pursuant to Regulation 40-3-35. The Plan is administered by the Governing Committee of the Kansas Automobile Assigned Claims Plan.
There are three companies with substantial operation in Kansas that serve as servicing carriers for the Plan.
Those carriers as of January 1, 2013 were Farmers Insurance Company Inc., Farmers Alliance Mutual Insurance Company and Upland Mutual Insurance Company.
An operational budget is approved by the Governing Committee on an annual basis during the fall annual meeting. The assessment of insurers and self-insurers are made on the basis of their Private Passenger Non-Fleet Bodily Injury Liability writings in Kansas. For each 1,000 car years written, $75.00 is assessed with a minimum of $60.00.
Claims for benefits are filed either in person or by mail to the Kansas Automobile Assigned Claims Plan. (Appendix I)
The Kansas Automobile Assigned Claims Plan reviews each application for benefits to eliminate those obviously ineligible. Eligible claims are assigned to one of three (3) Servicing Insurers by means of a form letter. The assignment is made in accordance with an Assignment Control Register Number.
BUDGET – ASSESSSMENT
The budget covers estimated administrative expense, estimated benefit payments, and expenses by the Servicing Insurers.
Insurers and Self-Insures admitted to write automobile liability in Kansas are assessed on the basis of the latest available Private Passenger Non-Fleet Bodily Injury Liability car year writings in Kansas. There is a minimum fee of $60.00. Assessments are due January first of each year. Payments are mailed directly to the Kansas Automobile Assigned Claims Plan office within 30 days after receipt of the annual assessment. A $25.00 late fee will be added to payment made after March 1.
The data for car years written is gathered by the Automobile Insurance Plan Services Office in Johnston, Rhode Island for use through the Kansas Automobile Insurance Plan. Where several companies in a group are writing in Kansas and have indicated such preference, we will send the total assessment for the group to one company – again utilizing the data and mailing list of the Kansas Automobile Insurance Plan.
All budget expenditures are reviewed quarterly by the Governing Committee and audit annually. Annual reports are submitted to the Insurance Commissioner and the subscribing companies. At the Governing Committee’s discretion any funds remaining at the end of any calendar year are to be used to reduce the next year’s assessment.
PERSONS ENTITLED TO BENEFITS
The purpose of the KANSAS AUTOMOBILE ASSIGNED CLAIMS PLAN is to provide statutory PERSONAL INJURY PROTECTION BENEFITS to any person who suffers injury in this state provided PERSONAL INJURY PROTECTIONS BENEFITS are not available to the injured person. For example, the Plan will provide Personal Injury Protection Benefits to a non-car owning pedestrian who is not otherwise insured and is struck by an uninsured or unidentified motorist in Kansas.
The Plan will not provide benefits for:
1. Injury sustained by the named insured and relatives residing in the same household while occupying another motor vehicle owned by the named insured and not insured under the policy, or for injury sustained by any person operating the insured’s motor vehicle without the expressed or implied consent of the insured; and
2. To any person suffering injury, if such person:
(a) Caused injury to himself/herself, if such person;
(b) Was an intentional converter of a motor vehicle at the time the injury was sustained;
(c) Was injured as a result of conduct within the course of a business of repairing, serving or otherwise maintaining motor vehicles, unless such conduct occurred off the business premises; or;
(d) Was injured as a result of conduct in the course of loading and unloading a motor vehicle, unless the conduct occurred whole occupying, entering into or alighting from such motor vehicle.
The Plan shall be administrated by a Governing Board and a Manager. The Governing Board (hereinafter referred to as the Committee) shall be appointed by the Commissioner of Insurance and shall consist of the following members:
1. Nine (9) who shall be appointed as follows: Three (3) of such Members shall be
representatives of foreign insurance companies, two (2) Members shall be
representatives of domestic insurance companies, two (2) Members shall be
licensed independent insurance agents and two (2) Members representatives of the
general public interest. All members shall be appointed for a term specified by the
Commissioner of Insurance.
Annually, on a date fixed by the Committee, there shall be held a meeting of representatives of all subscribers for the purpose of receiving reports by the Committee and the Manager regarding the operations of the Plan and for discussion of matters pertaining to the Plan. Twenty days’ notice of such meeting shall be give in writing to all Members of the Plan, the Commission of Insurance and Members of the Committee. The notice of each annual meeting shall be accompanied by an agenda for such meeting.
Cost of Administration
All cost of administration of the Plan including administrative costs, cost of claims payments, and all related claims expense shall be borne by the Members of the Plan on a pro rata basis. Assessments on all Members shall be made at the discretion of the Committee to meet the cost of administration and to reimburse the Servicing Insurers for their expense of assigned claims payable and related claims expense.The Governing Committee shall annually appoint a properly qualified firm to conduct and annual audit of the operations of the Plan, the scope of which shall be determined by the Committee, and to perform such other functions as may be directed by the Committee. Members of the Plan shall, at all reasonable times, make books and records available to the Committee or its representatives for the purpose of reviewing any matter coming within the scope of these Articles of Agreement.