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Farmers Insurance Company11/1/2002
sured person.
"Bodily injury means bodily injury to or sickness, disease or death of any person.
"Damages are the cost of compensating those who suffer bodily injury or property damage from an accident.
"'Eligible injured person' means
(1) the named insured or any relative who sustains bodily injury while occupying, or through direct physical contact with while not occupying, any motor vehicle, or
(2) any other person who sustains bodily injury while occupying the insured motor vehicle or through direct physical contact with the insured motor vehicle while not occupying any motor vehicle.
"'Survivor' means a deceased eligible injured person's spouse, or child under the age of eighteen (18) years, where such person's death resulted from a bodily injury."
K.S.A. 40-3107 provides, in material part:
"Every policy of motor vehicle liability insurance issued by an insurer to an owner residing in this state shall:
(e) contain stated limits of liability, exclusive of interest and costs, with respect to each vehicle for which coverage is granted, not less than $25,000 because of bodily injury to, or death of, one person in any one accident and, subject to the limit for one person, to a limit of not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident, and to a limit of not less than $10,000 because of harm to or destruction of property of others in any one accident; . . . .
(g) notwithstanding any omitted or inconsistent language, any contract of insurance which an insurer represents as or which purports to be a motor vehicle liability insurance policy meeting the requirements of this act shall be construed to obligate the insurer to meet all the mandatory requirements and obligations of this act."
The Jokans contend that Farmers is in violation of the KAIRA because of its policy definition of damages. They argue the policy violates 40-3107(e) because it limits Farmers' obligation of compensation to those who actually suffered an injury. The cornerstone of this argument is the use of the phrase "because of bodily injury" in K.S.A. 40-3107(e). The Jokans' position is that the statutory phrase "because of bodily injury" is legally distinguishable from the policy phrase "those who suffer bodily injury" because the phrase "because of bodily injury" connotes a cause and effect situation in which a person who was not physically harmed is eligible for compensation as the result of injury sustained by another, without being limited by the per person cap. In contrast, they argue "those who suffer bodily injury" connotes recovery by only the injured person.
From this interpretation of the policy, they move to 40-3107(e), which requires insurers to give stated limits of liability of not less than $25,000 because of bodily injury sustained by one person and a minimum of $50,000 when two or more persons sustain bodily injury. Relying on this statute, the Jokans contend that the legislature intended insurance companies to provide liability limits for each person, meaning an injured person, plus each person who may have a derivative claim resulting from an injury sustained in an automobile accident.
We believe the statute is clear and unambiguous. K.S.A. 40-3107(e) does not use the word "each." Instead, it sets the minimum liability as $25,000 for one person and $50,000 for two or more persons, subject to other limitations in the policy. The legislature intended coverage of a minimum of $25,000 when one person is injured in an accident and a minimum of $50,000 when more than one person is injured in an accident. See
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