Insurance against liability; form and contents of policy

44-559. Insurance against liability; form and contents of policy. Every policy of insurance against liability under this act shall be in accordance with the provisions of this act and shall be in a form approved by the commissioner of insurance. Such policy shall contain an agreement that the insurer accepts all of the provisions of this act, that the same may be enforced by any person entitled to any rights under this act as well as by the employer, that the insurer shall be a party to all agreements or proceedings under this act, and his appearance may be entered therein and jurisdiction over his person may be obtained as in this act provided, and such covenants shall be enforceable notwithstanding any default of the employer. History: L. 1927, ch. 232, § 56; June 30. Cross References to Related Sections: See also, insurance code provisions, 40-1102(1) (b) et seq. CASE ANNOTATIONS Explanation, see Revisor's Note under article title, chapter 44, article 5. 1. Policy held to include what statute requires. Scott v. Kansas Western Pipe Line Co., 158 Kan. 160, 168, 146 P.2d 366; Gust v. Provident Lift & Accident Ins. Co., 136 Kan. 88, 93, 12 P.2d 831 (1932). 2. Ambiguous policy construed against insurer; provisions of act part of policy. Mendel v. Fort Scott Hydraulic Cement Co., 147 Kan. 719, 731, 78 P.2d 868 (1938). 3. Carrier is bound by a judgment against insured whether the carrier is a party or not; construed with K.S.A. 40-2212. Landes v. Smith, 189 Kan. 229, 234, 235, 368 P.2d 302, (1962); also Standard Surety & Cas. Co. v. Standard Acc. Ins. Co., 104 F.2d 492, 495, 497 (1939). 4. Insurance carrier held party to proceedings although not named therein. Standard Surety & Cas. Co. v. Standard Acc. Ins. Co., 104 F.2d 492, 495 (1939). 5. Insurance carrier has no right to bring independent action in district court to set aside policy while action pending before director; court lacks jurisdiction. Employers' Liability Assurance Corp. v. Matlock, 151 Kan. 293, 297, 306, 98 P.2d 456 (1940). 6. Employer fraudulently obtained antedated insurance policy; policy void; employee cannot recover thereon. Matlock v. Hollis, 153 Kan. 227, 234, 109 P.2d 119 (1941). 7. Evidence of insurance agreement proper to show employer under act. Evans v. Tibbitts, 134 Kan. 131, 134, 4 P.2d 399 (1931). 8. Employee may bring action on liability insurance policy in district court. Samson v. United States Fidelity and Guaranty Co., 131 Kan. 59, 61, 289 P. 427 (1930). 9. Commissioner has no jurisdiction to enter award against unqualified insurance agent. King v. El Dorado Motor Co., 181 Kan. 477, 479, 481, 311 P.2d 999 (1957). 10. 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 (1968). 11. Liability of workers compensation fund (K.S.A. 44-567) to electing self-employed handicapped worker determined. Miller v. Miller, 13 Kan. App. 2d 262, 264, 768 P.2d 308 (1989). 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