Thursday, Aug. 29, 1985
Campus/Area
University Daily Kansan
11
Insurance law may change
The Associated Press
TOPEKA — A legislative study committee voted yesterday to recommend changing a state insurance law to help speed automobile accident claims involving so-called inderinsured motorist coverage.
The Special Committee on Financial Institutions and Insurance took the action on a voice vote after spokesmen for the insurance industry and the state Department of Insurance said many claims involving underinsured motorists needlessly ended up in court.
"This really is for the benefit of the consumer," said Rep. Harold Dyck, R-Heston, who is chairman of the committee. "It'll decrease the cost of settlements as well as getting the injured party his money."
The legal change the committee recommended to the 1986 Kansas Legislature calls for the insurance company of the person at fault in those circumstances to notify the victim's insurance company when
tentative settlements have been reached in the case.
The victim's insurance company would then pay the entire claim — including the amount above the other driver's liability limit. The victim's company would later be allowed to
'It'll decrease the cost of settlements as well as getting the injured party his money.'
— State Rep. Harold Dyck R-Hesston
recover the limit of the other driver's insurance policy and possibly take the driver at fault to court to recover damages in excess of the insurance policy limits.
As the system currently is set up, a driver can purchase insurance coverage for accidents in which another
person is at fault but whose insurance does not cover the actual amount of a claim.
However, before collecting the other driver's maximum liability limit in those situations, the other driver's insurance company requires that a statement be signed to release their policyholder from further liability in the case.
Insurance officials who testified before the committee yesterday said the release was required because the insurance company of a person at fault had an obligation to defend its policyholders as well as to pay claims.
But the insurance officials, including Richard Brock, administrative assistant to the state insurance commissioner, said such release statements also stopped the victim's insurance company's ability to recover damages directly from the driver at fault. And that means the victim won't be allowed to collect on his underinsured motorist coverage.
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