Conforming to statute; construction of policies in conflict

40-2204. Conforming to statute; construction of policies in conflict. (A) Other policy provisions: No policy provision which is not subject to K.S.A. 40-2203 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this act. (B) Policy conflicting with this act. A policy delivered or issued for delivery to any person in this state in violation of this act shall be held valid but shall be construed as provided in this act. When any provision in a policy subject to this act is in conflict with any provision of this act, the rights, duties and obligations of the insurer, the insured and the beneficiary shall be governed by the provisions of this act. History: L. 1951, ch. 296, § 4; June 30. Source or prior law: 40-1406. Attorney General's Opinions: Statutory basis for rules and regulations concerning prohibition of subrogation clauses by insurance commissioner. 84-35. CASE ANNOTATIONS 1. Reference to this section in K.S.A. 40-2213 was inadvertent error; legislature intended to refer only to subsection (A) of this section. Parker v. Continental Casualty Co., 191 Kan. 674, 675, 676, 677, 681, 682, 383 P.2d 937. 2. Mentioned; section applies only to accident and sickness policies issued to individuals. Gibson v. Metropolitan Life Ins. Co., 213 Kan. 764, 768, 518 P.2d 422. 3. Authority of regulation to prohibit subrogation of medical benefits coverage other than PIP (K.S.A. 40-3113a) examined. Durrett v. Bryan, 14 Kan. App. 2d 723, 729, 799 P.2d 110 (1990). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026