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40-1701. Definitions. As used in the firefighters relief act:

(a) "Firefighters relief association" or "firemen's relief association" means an association incorporated under the laws of this state composed of members of a fire department which is (1) a public fire department under the control of the governing body of an incorporated city, township, county or fire district or (2) a private fire department operated by a not-for-profit corporation which provides all of the fire protection services for an incorporated city, township, county or fire district pursuant to a contract with the governing body thereof, and which in either case has fire apparatus and necessary equipment therefor that is in serviceable condition for fire duty and has a value of $5,000 or more; and

(b) "insurance company" means every company, corporation, firm or association transacting the business of fire insurance in this state.

History: L. 1927, ch. 231, 40-1701; L. 1957, ch. 287, § 1; L. 1984, ch. 165, § 2; July 1.

Attorney General's Opinions:

Administration of firefighters relief fund; approval of expenditures by Commissioner of Insurance. 2000-40.

CASE ANNOTATIONS

1. Acts taxing and licensing foreign insurance companies held valid; interstate commerce. In re Insurance Tax Cases, 160 K. 300, 301, 302, 305, 309, 316, 161 P.2d 726. Affirmed: Prudential Insurance Co. of America v. Hobbs, 328 U.S. 822, 66 S.Ct. 1360, 90 L.Ed. 1258; Aetna Insurance Co. v. Hobbs, 328 U.S. 822, 66 S.Ct. 1360, 90 L.Ed. 1258; American Indemnity Co. v. Hobbs, 328 U.S. 822, 66 S.Ct. 1361, 90 L.Ed. 1258; Pacific Mut. Life Insurance Co. v. Hobbs, 328 U.S. 822, 66 S.Ct. 1361, 90 L.Ed. 1258.

2. Legislature has not indicated what physically disabled or injured firemen should be paid. Lauber v. Firemen's Relief Association, 202 K. 564, 577, 451 P.2d 488.

3. Cited in holding Fireman's Rule adopted in Kansas; not based on "premises law" nor as licensee, but public policy. Calvert v. Garvey Elevators, Inc., 236 K. 570, 577, 694 P.2d 433 (1985).


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