Printable Format40-239. Definition; insurance agent. An insurance agent is hereby defined to be an individual, corporation, association, partnership or other legal entity authorized in writing, by any insurance company or health maintenance organization lawfully qualified to transact the business of insurance, suretyship or indemnity in this state or authorized to operate as a health maintenance organization in this state, to negotiate or effect contracts of insurance, suretyship or indemnity on behalf of any such insurance company or health maintenance organization; or any member of a partnership or association, or any stockholder, officer or agent of a corporation, permitted by law to negotiate or effect such contracts, where such partnership, association or corporation holds a direct agency appointment from any insurance company or health maintenance organization. All such agents shall thereby become liable to all the duties, requirements, liabilities and penalties as provided in this code.
History: L. 1927, ch. 231, 40-239; L. 1988, ch. 151, § 1; L. 1996, ch. 169, § 4; July 1.
Cross References to Related Sections:
License to sell stock, see 40-205a through 40-205e.
Law Review and Bar Journal References:
Oil company credit card insurance purchase plan, opinion of attorney general, 9 K.L.R. 475 (1961).
Attorney General's Opinions:
Cooperative societies; bylaws and regulations; premiums; certain rebates or other inducements prohibited. 92-150.
CASE ANNOTATIONS
1. Commissioner's finding in revoking license is conclusive unless authority abused. Murphy v. Hobbs, 139 Kan. 799, 33 P.2d 135.
2. "Insurance agent" distinguished from "general agent"; power of agent to bind company. West v. Metropolitan Life Ins. Co., 144 Kan. 444, 449, 61 P.2d 918.
3. Agent held merely soliciting agent without power to bind company. Stephan v. Mutual Benefit H. & A. Assn., 146 Kan. 307, 311, 69 P.2d 694.
4. Agent's authority must be in writing; proof of scope of authority. Hudson v. Travelers Ins. Co., 149 Kan. 528, 532, 88 P.2d 1096.
5. Contract between insurer and corporation for renewals valid although corporation not an "insurance agent." Bundy v. Liberty Life Ins. Co., 150 Kan. 658, 663, 664, 95 P.2d 550.
6. Cited in determining right of foreign corporation to use Kansas courts. Heart of America Ins. Agency v. Wichita Cab & Transport Co., 151 Kan. 420, 422, 99 P.2d 765.
7. Agent's authority limited to that conferred on him in writing. Bozich v. Metropolitan Life Ins. Co., 155 Kan. 573, 582, 127 P.2d 499.
8. Court has consistently recognized difference between an insurance agent (soliciting agent) and a general agent. Service v. Pyramid Life Ins. Co., 201 Kan. 196, 206, 207, 440 P.2d 944.
9. Applied; fiduciary status under bankruptcy act can be created by state law. Matter of Whitlock, 449 F. Supp. 1383, 1390.