MANAGE LEGISLATIVE & LEAD UPDATE
this provision would apply retroactively to any cause of action accruing on or after March 12 , 2020 . One crucial piece of this immunity was the broad definition of “ business ,” which included public entities such as schools .
• Product Liability . The bill states that a person who designs , manufactures , labels , sells , distributes , provides , or donates a qualified product in response to the COVID-19 public health emergency shall be immune from liability in a civil action alleging a product liability claim involving any of the above actions taken at the specific request of or in response to a written order , or other directives , finding a public need for a qualified product , issued by the Governor , Adjutant General , or Division of Emergency Management . The damages are not occasioned by willful , wanton , or reckless disregard of a known , substantial , and unnecessary risk that the product would cause serious injury to others . The bill would state this provision would apply retroactively to any cause of action accruing on or after March 12 , 2020 .
Workers Compensation . In the wake of the pandemic , efforts have been made to make Coronavirus compensable in the workers ’ compensation system ( WC ). While WC laws provide compensation for “ occupational diseases ” that arise out of and in the course of employment , many state statutes , including Kansas , exclude “ ordinary diseases of life ” ( e . g ., the common cold or flu ). States are taking action to extend WC coverage to include first responders and health care workers impacted by COVID-19 . Governor Kelly issued a temporary Executive Order extending coverage to this group . Other states , however , are enacting permanent and broader application of coverage . A common approach is to amend state policy so that COVID-19 infections in certain workers are presumed to be work-related and covered under workers ’ compensation . This presumption places the burden on the employer and insurer to prove that the infection was not work-related , making it easier for those workers to file successful claims . These presumption policies will increase insurance costs for employers when businesses are already facing significant financial challenges .
Legal Reform . As you will recall , the Kansas Supreme Court struck down the statutory cap on non-economic damages in personal injury cases . In its decision on Hilburn v . Enerpipe , a trucking accident case , the Court ruled that the cap violates the right to trial by jury in Section 5 of the Kansas Constitution Bill of Rights . The business community , including the KAIA , actively considered potential legislative remedies to the Hilburn decision . However , no straightforward statutory fix has surfaced , and many have resisted pursuing a state constitutional amendment . Instead of a direct fix , the business community has worked on legislation to make the pursuit of lawsuits less enticing for plaintiffs ’ attorneys . Look for legislation in the 2021 Session that will include A ) a cap on attorneys ’ fees ; B ) additional limitations and notification requirements on attorneys ’ advertisements ; and C ) a prohibition on third-party funded lawsuits .
Increasing MVR Cost . Effective November 1 , 2020 , the fee to get MVRs in Kansas increased by about 20 %, from $ 13.70 to $ 16.70 . With the November 1 change , and based on MVR record fees by the state as of February 1 , 2020 , Kansas has the eighth highest MVR fee in the country . Many agencies are incurring substantial expenses for purchasing MVRs necessary in the customer quoting process . KAIA is investigating the genesis of this MVR increase and why this cost is so high compared to other states . We ’ d like to know where this money is going , and the process for authorizing fee increases .
PROTECTING KAIA MEMBERS It will be very interesting to see how the 2021 legislative session unfolds . Please feel assured that your KAIA team is working diligently to protect our members ’ interests from harmful legislation so that you can continue to do what you do best , helping protect what ’ s important to your communities .
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