66-1,128. Motor carrier liability insurance requirements; self-insurance, when.
66-1,128
66-1,128. Motor carrier liability insurancerequirements; self-insurance, when.(a) Except as provided in subsection (c) or pursuant to federal statutes,nocertificate, permit, orlicense shall be issued by the commission to anypublicmotor carrier of property, household goods orpassengers or privatemotor carrier of property, until the applicant has filed with thecommission a liability insurance policy approved by the commission, in suchreasonable amounts as the commission determines by rules and regulationsis necessary to adequatelyprotect theinterest of the public with due regard to the number of persons andamount of property involved. Such amounts shall not be less than $100,000for personal injury ordeath to any one person in any one accident, $300,000 for injury or deathto two or more persons in any oneaccident and $50,000 for loss to property of others in any one accident,which liability insurance shall bind the obligorsto pay compensation for injuries to persons and loss of or damage toproperty resulting from the negligent operation of such carrier.
(b) Theliability insurance policy required to be filed by any residentapplicant shall be in an insurance company or association authorized totransact business in this state. Such policy of any nonresidentapplicant may be afforded by an insurance company not authorized to dobusiness in this state which has given the commissioner of insurance ofthis state a power of attorney authorizing such commissioner to acceptservice on its behalf of notice or process in any action upon suchpolicy. Such company not authorized to do business in this state shallhave on file with such commissioner a form as prescribed by subsection(b) of K.S.A. 40-3106, and amendments thereto. A certificate of anyinsurance companyor association, in a form approved by the commissioncertifyingthat there is in effect the liability insurance requiredby this section, may be filed in lieu of the insurance policy itself. Inthe event such certificate is filed, such company shall furnish to thecommission upon its request a duplicate original of the insurancepolicy and allendorsements thereon. No other or additional bonds or licenses thanthose prescribed in this act shall be required of any motor carrier byany city or town or other agency of the state.
(c) Any public motor carrier of property, householdgoods orpassengers or privatemotorcarrier of property in whose name more than 25 motor vehicles are registeredmay qualify as a self-insurer byobtaining a certificate of self-insurance from the commissioner ofinsurance. Upon application of any such carrier, the commissioner ofinsurance may issue a certificate of self-insurance, if the commissioneris satisfied that such carrier is possessed and will continue to bepossessed of ability to pay any judgment obtained against such carrierarising out of the ownership, operation, maintenance or use of any motorvehicle registered in such carrier's name.
(d) Upon notice and a hearing in accordance with the provisions of theKansasadministrative procedure act, the commissioner of insurance may cancel acertificate ofself-insurance upon reasonable grounds. Failure to pay anyjudgment against a self-insurer, arising out of the ownership,operation, maintenance or use of a motor vehicle registered in suchself-insurer's name, within 30 days after such judgment shallhave become final, shall constitute reasonable grounds for thecancellation of a certificate of self-insurance.
History: L. 1931, ch. 236, § 21;L. 1949, ch. 337, § 1;L. 1953, ch. 296, § 1;L. 1959, ch. 258, § 11;L. 1975, ch. 341, § 1;L. 1978, ch. 268, § 1;L. 1982, ch. 276, § 1;L. 1988, ch. 356, § 241;L. 1993, ch. 263, § 6;L. 2001, ch. 92, § 12;L. 2003, ch. 124, § 26;L. 2008, ch. 45, § 4; Apr. 10.