(DOWNLOAD) "Clayton v. Alliance Mutual Casualty Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Clayton v. Alliance Mutual Casualty Co.
- Author : Supreme Court of Kansas
- Release Date : January 03, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by Alliance Mutual Casualty Company, appellant, has filed a motion for rehearing. Leave was granted the Kansas Association of Property and Casualty Insurance Companies, Inc. (Association) to file a brief amicus curiae. The original opinion in this case was filed July 14, 1973, and is reported as Clayton v. Alliance Mutual Casualty Co., 212 Kan. 640, 512 P.2d 507. Appellant and the Association contend the restrictive provisions contained in the insurance contracts affording appellees uninsured motorists coverage have been expressly approved by the Legislature. Their argument is premised on the provision in K.S.A. 1972 Supp., 40-284 which states: . . . Provisions affording such insurance protection against uninsured motorists issued in this state prior to the effective date of this act shall, when afforded by any authorized insurer, be deemed, subject to the limits prescribed in this section, to satisfy the requirements of this section. (Emphasis supplied.) We need not reiterate the principles of statutory construction; it is sufficient to say the clause does not except appellees' policies from the statute's limitation. The provisions of the statute (K.S.A. 1972 Supp., 40-284) must be considered a part of every automobile liability policy the same as if written therein. (Simpson v. KFB Insurance Co., Inc., 209 Kan. 620, 498 P.2d 71; Page v. Insurance Co. of North America, 256 Cal.App.2d 374, 64 Cal.Rptr. 89.) Where the policy's provisions regarding uninsured motorists coverage are more restrictive than the relevant statutory provisions requiring such coverage, the requirements of the statute will prevail.
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