40-3103. Definitions.
40-3103
40-3103. Definitions.As used in this act, the following words and phrases shall have themeanings respectively ascribed to them herein:
(a) "Commissioner" means the state commissioner of insurance.
(b) "Disability benefits" means allowances for loss of monthlyearnings due to an injured person's inability to engage in available andappropriate gainful activity, subject to the following conditions andlimitations: (1) The injury sustained is the proximate cause of theinjured person's inability to engage in available and appropriategainful activity; (2) subject to the maximum benefits stated herein,allowances shall equal 100% of any such loss perindividual, unless such allowances are deemed not includable in grossincome for federal income tax purposes, in which event such allowancesshall be limited to 85%; and (3) allowances shallbe made up to a maximum of not less than $900 per month for not to exceedone year after the date theinjured person becomes unable to engage in available and appropriategainful activity.
(c) "Director" means the director of vehicles.
(d) "Funeral benefits" means allowances for funeral, burial orcremation expenses in an amount not to exceed $2,000 per individual.
(e) "Highway" means the entire width between the boundary lines ofevery way publicly maintained, when any part thereof is open to the useof the public for purposes of vehicular travel.
(f) "Implement of husbandry" means every vehicle designed or adaptedand used exclusively for agricultural operations and only incidentallyoperated or moved upon the highways.
(g) "Insurer" means any insurance company, as defined by K.S.A.40-201, and amendments thereto, authorized to transactbusiness in this state, which issues policies of motor vehicleliability insurance covering liabilityarising out of the ownership, operation, maintenance or use of a motorvehicle.
(h) "Injured person" means any person suffering injury.
(i) "Injury" means bodily harm, sickness, disease or death resultingfrom an accident arising out of the ownership, maintenance or use of amotor vehicle.
(j) "Lienholder" means a person holding a security interest in avehicle.
(k) "Medical benefits" means and includesallowances for allreasonable expenses, up to a limit of not less than $4,500, for necessaryhealth care rendered by practitioners licensedby the state board of healing arts to practice any branch of thehealing arts or licensed psychologists, surgical, x-ray anddental services,including prosthetic devices and necessary ambulance, hospital andnursing services; and such term also includes allowances forservices recognized and permitted under the laws of this state for aninjured person who relies upon spiritual means through prayer alone forhealing in accordance with such person's religious beliefs.
(l) "Monthly earnings" means: (1) In the case of a regularlyemployed person or a person regularly self-employed,1/12 of the annual earnings at the time of injury; or (2) in the case of aperson not regularly employed or self-employed, or of an unemployedperson, 1/12 of the anticipated annual earnings from thetime such person would reasonably have been expected to be regularlyemployed. In calculating the anticipated annual earnings of anunemployed person who has previously been employed, the insurer shallaverage the annual compensation of such person for not to exceed five yearspreceding the year of injury or death, during which suchperson was employed.
(m) "Motor vehicle" means every self-propelled vehicle of a kindrequired to be registered in this state, including any trailer,semitrailer or pole trailer designed for use with such vehicle, but suchterm does not include a motorized bicycle.
(n) "Operator" means any person who drives or is in actual physicalcontrol of a motor vehicle upon a highway or who is exercising controlover or steering a vehicle being towed by a motor vehicle.
(o) "Owner" means a person, other than a lienholder, having propertyin or title to a motor vehicle, including a person who is entitled tothe use and possession of a motor vehicle subject to a security interestheld by another person, but such term does not include a lessee under alease not intended as security.
(p) "Person" means an individual, partnership, corporation or otherassociation of persons.
(q) "Personal injury protection benefits" means the disabilitybenefits, funeral benefits, medical benefits, rehabilitation benefits,substitution benefits and survivors' benefitsrequired to be provided inmotor vehicle liability insurance policies pursuant to this act.
(r) "Rehabilitation benefits" means allowances for all reasonableexpenses, up to a limit of not less than$4,500, for necessary psychiatric or psychological services, occupationaltherapy and suchoccupational training and retraining as may be reasonably necessary toenable the injured person to obtain suitable employment.
(s) "Relative residing in the same household" means a relative ofany degree by blood, marriage or adoption, who usually makessuch person's home in the same family unit, whether or not temporarily livingelsewhere.
(t) "Security interest" means an interest in a vehicle reserved orcreated by agreement and which secures payment or performance of anobligation. The term includes the interest of a lessor under a leaseintended as security.
(u) "Self-insurer" means any person effecting self-insurancepursuant to subsection (f) of K.S.A. 40-3104, and amendmentsthereto, or any nonresident self-insurer that has filed the form prescribedin subsection (b) of K.S.A. 40-3106, and amendments thereto.
(v) "Special mobile equipment" means every vehicle not designed orused primarily for the transportation of persons or property and onlyincidentally operated or moved over a highway, including but not limitedto: Ditch-digging apparatus, well-boring apparatus and road constructionand maintenance machinery such as asphalt spreaders, bituminous mixers,bucket loaders, tractors other than truck tractors, ditchers, levelinggraders, finishing machines, motor graders, road rollers, scarifiers,earth moving carryalls and scrapers, power shovels and drag lines andself-propelled cranes and earth moving equipment. The term does notinclude house trailers, dump trucks, truck mounted transit mixers,cranes or shovels or other vehicles designed for the transportation ofpersons or property to which machinery has been attached.
(w) "Substitution benefits" means allowances for appropriate andreasonable expenses incurred in obtaining other ordinary and necessaryservices in lieu of those that, but for the injury, the injured personwould have performed for the benefit of such person or such person'sfamily, subject to a maximum of $25 per day for notlonger than 365 days after the date suchexpenses are incurred.
(x) "Survivor" means a decedent's spouse, or child under the age of18 years, where death of the decedent resulted from aninjury.
(y) "Survivors' benefits" means total allowances to all survivorsfor: (1) Loss of an injured person's monthly earnings aftersuch person's death, up to a maximum of not less than $900 per month;and (2) substitution benefitsfollowing the injured person'sdeath. Expenses of the survivors which have been avoided by reason ofthe injured person's death shall be subtracted from the allowances towhich survivors would otherwise be entitled, and survivors' benefitsshall not be paid for more than one year after the injured person'sdeath, less the number of months the injured person received disabilitybenefits prior to such person's death. For purposesof this subsection, monthly earnings shall include, in the case of a personwho was a social security recipient or a retirement or pension benefitrecipient, or both, at the time of such injured person's death, 1/12 of theannual amount of the difference between the annual amount of the socialsecurity benefits or the retirement benefits, or both, that such injuredperson was receiving at the time of such injured person's death and theannual amount of the social security benefits or the retirement benefits,or both, that the survivor is receiving after the time of such injured person's death.
(z) "Uninsured motor vehicle" means any motor vehicle which is notincluded under an approved self-insurance plan of a self-insurer or forwhich there is not in effect a motor vehicle liability insurance policymeeting the requirements of this act.
(aa) "Any workmen's compensation law" means the workmen'scompensation act of Kansas, the United States longshoremen's and harborworkers' compensation act, the federal employer liability acts, and anysimilar state or federal law.
History: L. 1974, ch. 193, § 3; L. 1977, ch. 28, § 5;L. 1987, ch. 173, § 1;L. 1994, ch. 62, § 1;L. 1999, ch. 87, § 3; Mar. 1, 2000.