Bolz v. State Farm Mut. Ins. Co.

This is a K.S.A. 40-3107 motor vehicle liability insurance policy interpretation case. The policy in question, issued under the Kansas Automobile Injury Reparations Act (KAIRA), contained a nonassignability clause. The question is whether the nonassignability clause in the policy bars Dr. Bolz’ claim. I would answer “yes” and affirm the district court.

On July 26, 1997, Emerson signed an “Irrevocable Assignment, Lien and Authorization” on a preprinted Bolz Chiropractic form authorizing payment of her personal injury protection (PIP) benefits to Dr. Bolz. On August 6, 1997, Dr. Bolz forwarded…