40-287. Same; subrogation rights. - Kansas Statutes

40-287

Chapter 40.--INSURANCE Article 2.--GENERAL PROVISIONS

      40-287.   Same; subrogation rights.The policy or endorsement affording the coverage specified in K.S.A.40-284 may further provide that payment to any person ofsums as damages under such coverage shall operate to subrogate theinsurer to any cause of action in tort which such person may haveagainst any other person or organization legally responsible for thebodily injury or death because of which such payment is made, and theinsurer shall be subrogated, to the extent of such payment, to theproceeds of any settlement or judgment that may thereafter result fromthe exercise of any rights of recovery of such person against any personor organization legally responsible for said bodily injury or death forwhich payment is made by the insurer. Such insurer may enforce suchrights in its own name or in the name of the person to whom payment hasbeen made, as their interest may appear, by proper action in any courtof competent jurisdiction.

      History:   L. 1968, ch. 273, § 4; July 1.