Author : Curt Thomas Schneider
Release : 1978
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Kind : eBook
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Book Synopsis Attorney General Opinion No. 1978-081 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-081 written by Curt Thomas Schneider. This book was released on 1978. Available in PDF, EPUB and Kindle. Book excerpt: Section 4(a) of 1977 House Bill No. 2490, found at K.S.A. 1977 Supp. 40-3113a, refers to an action in tort by an injured party against a tortfeasor for an injury for which personal injury protection benefits are payable under the Kansas Automobile Injury Reparations Act, and which injury is caused under circumstances "creating a legal liability against the tortfeasor pursuant to K.S.A. 1976 Supp. 40-3117 ..." The reference to the latter statute incorporates by reference the whole of that statute, not only identifying the tortfeasor as "the owner, operator or occupant of a motor vehicle" but identifying and incorporating by reference the limitations on the liability of such tortfeasor imposed by the referenced statute. Section 4 is procedural in nature, amending previous remedies available to insurers to enforce their substantive protection against the payment of duplicative personal injury protection benefits, and as such, may be applied to claims arising prior to July 1, 1977, the effective date of said bill.