40-3422. Appeal bond. In any medical malpractice liability action, as defined by K.S.A. 60-3401, and amendments thereto, the proceedings shall be stayed on appeal by the filing of a supersedeas bond in the amount of the judgment for which the fund is liable. Such supersedeas bond shall be signed by the chairperson of the board of governors, or the chairperson's designee, as administrator of the health care stabilization fund without surety or other security.
History: L. 1986, ch. 229, § 31; L. 1994, ch. 155, § 10; L. 2014, ch. 56, § 20; July 1.
CASE ANNOTATIONS
1. Noted where statutory credit for workers compensation benefits (K.S.A. 40-3110) held applicable to maximum PIP benefits payable under policy terms. House v. American Fam. Mut. Ins. Co., 251 Kan. 419, 428, 837 P.2d 391 (1992).
2. Commissioner not required to execute appeal bond in excess of fund's liability plus interest and costs. Todd v. Kelly, 251 Kan. 512, 526, 837 P.2d 381 (1992).
3. Cited by dissent where majority found phrase "gambling place" in K.S.A. 21-4303 did not require showing of previous use. State v. Schlein, 253 Kan. 205, 221, 854 P.2d 296 (1993).
4. Supersedeas bond stays proceedings on appeal. Smith v. Almonte, 32 Kan. App. 2d 224, 81 P.3d 457 (2003).
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