Same; notice of injury or death; jurisdiction; lien of employee; payment to employee, agent or dependents

40-2212. Same; notice of injury or death; jurisdiction; lien of employee; payment to employee, agent or dependents. Every policy issued by any insurance corporation, association or organization to assure the payment of compensation, under the workmen's compensation act, shall contain a clause providing that between any employer and the insurer, notice to and knowledge of the occurrence of injury or death on the part of the insured shall be notice and knowledge on the part of the insurer; and jurisdiction of the insured shall be jurisdiction of the insurer and the insurer shall be bound by every agreement, adjudgment, award, or judgment rendered against the insured. Every such policy shall provide that the employee shall have first lien upon any amount becoming due on account of such policy to the insured from the insurer and that in case of the legal incapacity, inability, or disability of the insured to receive the amount due and pay it over to the insured employee, or his dependents, said insurer shall pay the same direct to such employee, his agent, or to a trustee for him or his dependents to the extent of discharging any obligation of the insured to said employee or his dependents. History: L. 1951, ch. 296, § 12; June 30. CASE ANNOTATIONS 1. Notice to employer is notice to workmen's compensation insurance carrier. Landes v. Smith, 189 Kan. 229, 234, 235, 368 P.2d 302. 2. Considered and quoted in part in construing provisions of K.S.A. 44-512a. Shinkle v. State Highway Commission, 202 Kan. 311, 316, 448 P.2d 12. 3. Mentioned; coordination of benefits clause in group accident and sickness policy upheld. Gibson v. Metropolitan Life Ins. Co., 213 Kan. 764, 768, 518 P.2d 422. 4. Insurance carrier not rendered liable for award against former employer; parties not established as joint employers. Ellis v. Fairchild, 221 Kan. 702, 713, 562 P.2d 75. 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