Kansas Statutes

Chapter 40.—INSURANCE

• Article 1.—INSURANCE DEPARTMENT
  • Cross References to Related Sections:

    Imprest funds, see 75-3068.

  • 40-101 Name.
  • 40-102 Insurance department; creation; commissioner of insurance, duties and salary.
  • 40-103 Supervision of commissioner.
  • 40-104 Supervision over transactions.
  • 40-105 Powers, duties, authority and jurisdiction conferred on commissioner of insurance.
  • 40-105a Repealed.
  • 40-105b Repealed.
  • 40-105c, 40-105d Repealed.
  • 40-106 Commissioner, election, term; vacancy.
  • 40-107 Oath of commissioner.
  • 40-108 Annual report of commissioner; record of proceedings.
  • 40-109 Qualifications; personal attention to duties; interest in insurance company.
  • 40-110 Assistants and employees; salaries; oaths; authority of assistants; responsibility.
  • 40-111 Seal of commissioner of insurance.
  • 40-112 Insurance department service regulation fund; disposition of fees and certain taxes; assessments for maintenance and expenses of department; credit for payments to other states; exemptions; penalties and interest; transfers from state general fund, temporary insufficiencies.
  • 40-112a Repealed.
  • 40-113 Criminal anti-fraud division; powers and duties.
• Article 2.—GENERAL PROVISIONS
  • 40-201 Insurance company defined.
  • 40-201a Service contract; definitions; exemption from regulation.
  • 40-202 Code inapplicable to certain lodges, societies, persons and associations.
  • 40-203 Name of company or society; submission of name to commissioner.
  • 40-204 Unlawful to offer stock for sale without permit from commissioner; void shares, when.
  • 40-205 Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and regulations.
  • 40-205a Application for license to sell stock of insurance company or health maintenance organization, fee.
  • 40-205b Denial of application to sell stock as agent; hearing.
  • 40-205c Revocation of agent's license; hearing.
  • 40-205d Appeal of commission's decision.
  • 40-205e Penalty.
  • 40-206 Repealed.
  • 40-207 Secretary and certain officers to give bond.
  • 40-208 Examination by commissioner before issuance of certificate.
  • 40-209 Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.
  • 40-209a Repealed.
  • 40-209b Same; act supplemental.
  • 40-210 Foreign companies outside United States; permission to transact business; assets; condition.
  • 40-211 Amount of deposit of foreign company outside United States.
  • 40-212 Credit for reinsured risks.
  • 40-213 Unlawful transfer of premium notes.
  • 40-214 Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.
  • 40-215 Duration of licenses and certificates.
  • 40-216 Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requirements by commissioner; hearing, order.
  • 40-217 Contents of policies of foreign company.
  • 40-218 Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.
  • 40-219 Failure of company to pay judgment.
  • 40-220 Action against insurance company to be brought in this state; injunction.
  • 40-221 Repealed.
  • 40-221a Reinsurance of risks of and by Kansas companies; procedure; requirements.
  • 40-221b Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions.
  • 40-222 Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.
  • 40-222a Examination of corporations organizing domestic insurance companies.
  • 40-222b Insurance company in hazardous financial condition; order of commissioner, notice and hearing; requirements which may be imposed; transfer of special deposit to guaranty fund, when.
  • 40-222c Same; insurance company defined.
  • 40-222d Same; company deemed to be in hazardous financial condition, when.
  • 40-222e Same; suspension, revocation or refusal to renew certificate.
  • 40-222f Examination of condition of company; definitions.
  • 40-223 Fees for examinations; compensation and expenses for examiners.
  • 40-223a Insurance company annual statement examination fund established; purpose.
  • 40-223b Same; compensation and expenses of examiners.
  • 40-223c Same; duties of commissioner; warrants of director of accounts and reports.
  • 40-223d Same; insufficiency of fund; transfer from general fund, limitation; files.
  • 40-223e Training insurance company examiners; establishment of revolving fund for financing training.
  • 40-223f Same; compensation and expenses of persons receiving training.
  • 40-223g Same; payments from revolving fund.
  • 40-223h Property and casualty actuarial opinion letter law; citation of act.
  • 40-223i Same; actuarial opinion, contents; procedure.
  • 40-223j Same; authority of commissioner; rules and regulations.
  • 40-224 When disbursements to be made only on voucher or affidavit.
  • 40-225 Company participation in insurance regulatory information system; annual statements of condition to be filed with commissioner; authority of commission to require annual audit and financial report; forms; inquiries of commissioner.
  • 40-226 Repealed.
  • 40-227 Repealed.
  • 40-227a Repealed.
  • 40-228 Repealed.
  • 40-229 Valuation of securities.
  • 40-229a Security deposits; deposit with financial institution; custodian and arrangements acceptable to commissioner; release and exchange of assets; income; forms prescribed and provided by commissioner; facsimile, electronic or digital signatures not recognized; inspection of securities on deposit; no liability of state or officers or employees for default of institution; audit of deposits with commissioner; title to assets; redeposit with clearing corporation; security and safety of deposits, rules and regulations.
  • 40-230 Repealed.
  • 40-230a Deposit of securities purchased from sale of stock during organization period.
  • 40-231 Dealing in goods, wares and merchandise prohibited; exceptions.
  • 40-232 Sale of stock with insurance.
  • 40-233 Dividends, interest or bonus; payment from earned surplus.
  • 40-234 Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.
  • 40-234a Reserves required for accident and health policies; unearned premium reserves.
  • 40-234b Unearned premium reserves required for domestic title insurance companies.
  • 40-234c Unearned premium reserves required of foreign title insurance company.
  • 40-235 Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.
  • 40-236 Statements made with intent to injure company.
  • 40-237 Contracts and promissory notes by minors.
  • 40-238 Resident general agents of foreign companies.
  • 40-239 Definition; insurance agent.
  • 40-240 Repealed.
  • 40-240a Repealed.
  • 40-240b Repealed.
  • 40-240c, 40-240d Repealed.
  • 40-240e Repealed.
  • 40-240f Repealed.
  • 40-240g Rules and regulations.
  • 40-241 Examination of individual applicants for agents' licenses; fee; classes of insurance; issuance of license, when; record of licenses issued and companies' agents certified to represent; auto rental agency insurance license.
  • 40-241a Repealed.
  • 40-241b Repealed.
  • 40-241c Repealed.
  • 40-241d Repealed.
  • 40-241e Repealed.
  • 40-241f Repealed.
  • 40-241g Repealed.
  • 40-241h Waiver of examination in certain cases.
  • 40-241i Repealed.
  • 40-241j Annual report of agents contracted with and payment of certification fees; audit.
  • 40-241k Rules and regulations; establishing fees for agents.
  • 40-242 Repealed.
  • 40-243 Repealed.
  • 40-244 Representations without complying with code.
  • 40-245 Repealed.
  • 40-246 Repealed.
  • 40-246a Penalties for violating K.S.A. 40-246; hearings.
  • 40-246b Excess coverage license to effect insurance or reinsurance in nonadmitted companies; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required information.
  • 40-246c Excess coverage license; accounting of gross premiums and tax thereon; penalty.
  • 40-246d Same; revocation or suspension of license, when.
  • 40-246e List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.
  • 40-246f Repealed.
  • 40-246g Surplus lines producer; exempt commercial purchaser.
  • 40-246h Commissioner; rules and regulations.
  • 40-246i Definitions.
  • 40-247 Insurance agent or broker failure to pay premium to company; criminal penalties.
  • 40-248 Discontinuance of business.
  • 40-249 Policies to be issued within two years.
  • 40-250 Companies subject to act.
  • 40-251 Insurance commissioner; legal representation; judicial review of actions.
  • 40-252 Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.
  • 40-252a Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.
  • 40-252b Fees, charges and taxes under K.S.A. 40-252; in lieu of all other license fees and taxes; exceptions.
  • 40-252c Same; credits; definitions.
  • 40-252d Credit against premium tax for salaries paid to Kansas employees.
  • 40-252e Small insurance company credit against premium tax.
  • 40-252f Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.
  • 40-252g Same; expiration of act.
  • 40-253 Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.
  • 40-253a Same; effect of certain tax credits.
  • 40-254 Repealed.
  • 40-255 Repealed.
  • 40-256 Attorney fees in actions on insurance policies; exception.
  • 40-257 Invalidity of code of 1927.
  • 40-258 Actions to recover death benefits based on certain policies; distribution.
  • 40-259 Continuity of management of domestic companies in national emergency; declaration of purpose.
  • 40-260 Same; adoption of emergency bylaws; effect.
  • 40-261 Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.
  • 40-262 Same; succession national emergency lists; basis; conditions.
  • 40-263 Same; home or principal office; alternate locations.
  • 40-264 Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.
  • 40-265 Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.
  • 40-266 Unlawful acts in connection with sale of equity securities.
  • 40-267 Provisions of K.S.A. 40-265, 40-266 inapplicable to certain sales; rules and regulations.
  • 40-268 Provisions of K.S.A. 40-264 through 40-266 inapplicable to arbitrage transactions; exception.
  • 40-269 Equity security defined.
  • 40-270 Provisions of K.S.A. 40-264 through 40-266 inapplicable to equity securities of domestic companies, when.
  • 40-271 Rules and regulations by commissioner.
  • 40-272 Same; proxies, consents or authorization concerning securities of domestic companies.
  • 40-273 Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.
  • 40-274 Same; solicitation; countersignature requirements.
  • 40-275 Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.
  • 40-276 Cancellation of automobile liability insurance; definitions.
  • 40-276a Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.
  • 40-277 Same; limitations on policy conditions for cancellation.
  • 40-278 Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.
  • 40-279, 40-280 Repealed.
  • 40-281 Fact-finding hearings by commissioner on any matter relating to insurance; procedure; subpoena; hearing on orders issued by commissioner, Kansas administrative procedure act.
  • 40-282 Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.
  • 40-283 Same; interest not subject to certain provisions.
  • 40-283a Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.
  • 40-284 Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.
  • 40-285 Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.
  • 40-286 Same; extent of insurer's insolvency protection.
  • 40-287 Same; subrogation rights.
  • 40-288 Same; provisions of article 22 of chapter 40 not required.
  • 40-289 through 40-293 Repealed.
  • 40-293a Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.
  • 40-294 Repealed.
  • 40-295 Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.
  • 40-296 Same; offer of insurance by one of group of affiliated insurors, effect.
  • 40-297 Same; group of affiliated insurors defined.
  • 40-298 Sale of insurance in connection with sale and financing of automobile; definitions.
  • 40-299 Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.
  • 40-2,100 Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.
  • 40-2,101 No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act.
  • 40-2,102 Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child.
  • 40-2,103 Application of designated statutes.
  • 40-2,104 Insurance coverage to include reimbursement for services performed by licensed psychologist.
  • 40-2,105 Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions.
  • 40-2,105a Kansas mental health parity act; insurance coverage for services rendered in the treatment of mental illnesses, alcoholism, drug abuse or substance use disorders; limitations.
  • 40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.
  • 40-2,105c Same; exemption.
  • 40-2,105d Citation of act.
  • 40-2,106 Definitions.
  • 40-2,107 Minimum notice requirements for cancellation of insurance agency contract by insurance company.
  • 40-2,108 Same; rules and regulations by commissioner.
  • 40-2,109 Mental or physical handicaps; rate discrimination prohibited; enforcement.
  • 40-2,110 Reporting fire losses; rules and regulations; report forms.
  • 40-2,111 Definitions.
  • 40-2,112 Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.
  • 40-2,113 Nonliability for information relating to adverse underwriting decision.
  • 40-2,114 Insurance coverage to include reimbursement for services performed by licensed specialist social worker.
  • 40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.
  • 40-2,116 Definitions.
  • 40-2,117 Provision of health services by professional provider; allowable charges.
  • 40-2,118 Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan.
  • 40-2,118a Repealed.
  • 40-2,119 Same; immunity from civil liability for certain persons.
  • 40-2,120 Business or professional property or casualty insurance; cancellation, when.
  • 40-2,121 Same; nonrenewal; notice required.
  • 40-2,122 Cancellation or nonrenewal of policy; written explanation required.
  • 40-2,123 Insurers authorized to discontinue certain business in state, when; enforcement.
  • 40-2,124 Certain property and casualty rate filings not affected by certain rate regulation statutes.
  • 40-2,125 Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.
  • 40-2,126 Interest due on insurance settlements, when.
  • 40-2,127 Same; application to multiple payments.
  • 40-2,128 Same; rules and regulations.
  • 40-2,129 Managing general agents; title of act.
  • 40-2,130 Same; definitions.
  • 40-2,131 Same; licensure requirements; bond.
  • 40-2,132 Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.
  • 40-2,133 Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.
  • 40-2,134 Same; acts deemed to be acts of insurer; examination.
  • 40-2,135 Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.
  • 40-2,136 Same; rules and regulations.
  • 40-2,137 Assessment of costs of certain administrative hearings, guidelines, procedure.
  • 40-2,138 Investments by insurance companies governed by state law notwithstanding federal preemption.
  • 40-2,139 Repealed.
  • 40-2,140 through 40-2,152 Repealed.
  • 40-2,153 Insurance coverage to allow choice of pharmacy providers.
  • 40-2,154 Medicaid eligibility and coverage; prohibitions.
  • 40-2,155 Motor vehicle glass replacement; prohibitions; rights of the insured.
  • 40-2,156 Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.
  • 40-2,156a Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements.
  • 40-2,157 Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.
  • 40-2,158 Repealed.
  • 40-2,159 Reports on a nonconsolidated basis; exception.
  • 40-2,160 Coverage for minimum inpatient care following birth of child.
  • 40-2,161 Coverage for children in the custody of the commissioner of juvenile justice.
  • 40-2,162 Change of domicile of insurer or mutual holding company, requirements; continuation of certificate of authority, agent appointments, licenses, rates and other items; rules and regulations.
  • 40-2,162a Repealed.
  • 40-2,163 Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.
  • 40-2,164 Coverage of prostate cancer screening.
  • 40-2,165 Coverage of general anesthesia in conjunction with dental care for certain individuals.
  • 40-2,166 Coverage of reconstructive breast surgery.
  • 40-2,166a Coverage for osteoporosis.
  • 40-2,167 Off-label use of prescription drugs; definitions.
  • 40-2,168 Same; coverage for cancer treatment; exclusion from coverage prohibited.
  • 40-2,169 Same; commissioner of insurance, powers.
  • 40-2,170 Same; coverage not affected, when.
  • 40-2,171 through 40-2,183 Repealed.
  • 40-2,184 Coverage for orally administered anticancer medication.
  • 40-2,185 Dental health insurance; fee setting provision, limitation on.
  • 40-2,186 Same; definitions.
  • 40-2,187 through 40-2,189 Reserved.
  • 40-2,190 Health insurance abortion coverage; separate coverage; when required.
  • 40-2,191 Same; severability clause.
  • 40-2,192 Mandate lite health benefit plan act.
  • 40-2,193 Specially designed policies; short-term policies.
  • 40-2,194 Health insurance coverage for autism spectrum disorder; requirements.
  • 40-2,195 Exclusive provider organization policy; requirements; exceptions; definitions.
  • 40-2,196 Coverage for amino acid-based elemental formula; report required; recommendation to legislature.
  • 40-2,197 through 40-2,200 Reserved.
  • 40-2,201 Property and casualty insurance; group affiliated insurers; renewal of policy.
  • 40-2,202 Same; limited lines; self-service storage units.
  • 40-2,203 Corporate governance annual disclosure report required; contents; filing; rules and regulations.
  • 40-2,204 Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event.
  • 40-2,205 through 40-2,209 Reserved.
  • 40-2,210 Kansas telemedicine act; citation.
  • 40-2,211 Same; definitions.
  • 40-2,212 Same; confidentiality.
  • 40-2,213 Same; application of; coverage parity established.
  • 40-2,214 Same; prescribing of drugs via telemedicine.
  • 40-2,215 Same; abortions delivered via telemedicine not authorized.
  • 40-2,216 Same; nonseverability clause.
  • 40-2,217 through 40-2,224 Reserved.

  • PAYMENT OF DENTAL SERVICES BY DENTAL BENEFITS PLANS

    40-2,225 Payment and reimbursement of dental services by dental benefits plans; definitions.
  • 40-2,226 Same; contract requirements; third-party access to provider network contracts.
  • 40-2,227 Same; requirements for methods of payment; limitations on certain transaction fees.
  • 40-2,228 Same; enforcement by commissioner of insurance.
  • 40-2,229, 40-2,230 Reserved.

  • KANSAS TRAVEL INSURANCE ACT

    40-2,231 Kansas travel insurance act; citation.
  • 40-2,232 Purpose of act.
  • 40-2,233 Definitions.
  • 40-2,234 Limited lines travel insurance producer, licensure; requirements and limitations.
  • 40-2,235 Premium tax imposed.
  • 40-2,236 Travel protection plans; requirements.
  • 40-2,237 Travel insurance policies; requirements and limitations.
  • 40-2,238 Travel administrators; requirements; duties of insurer.
  • 40-2,239 Travel insurance; classification; eligibility and underwriting standards.
  • 40-2,240 Rules and regulations.
• Article 2a.—INVESTMENTS BY OTHER THAN LIFE INSURANCE COMPANIES
  • 40-2a01 United States government obligations; call options.
  • 40-2a02 State, District of Columbia, territorial and municipal obligations.
  • 40-2a03 Canadian government, provincial and municipal obligations.
  • 40-2a04 Foreign government obligations.
  • 40-2a05 Business entity obligations; definitions.
  • 40-2a06 Equipment trust obligations or conditional sales contract.
  • 40-2a07 Preferred and guaranteed stocks; definitions.
  • 40-2a08 Equity interests; call options.
  • 40-2a09 Stock in any insurance company, health maintenance organization, incorporated insurance agency or holding corporation.
  • 40-2a10 Bank certificates of deposit.
  • 40-2a11 Savings and loan shares or deposits.
  • 40-2a12 Real estate bonds and mortgages.
  • 40-2a13 Real estate.
  • 40-2a14 Collateral loans.
  • 40-2a15 Repealed.
  • 40-2a16 Leeway clause.
  • 40-2a17 International bank for reconstruction and development, inter-American development bank and African development bank.
  • 40-2a18 Real estate investment trusts.
  • 40-2a19 Prior lawful investments.
  • 40-2a20 Adoption of nominee name; designation of bank as trustee.
  • 40-2a21 Securities lending, repurchase and reverse repurchase transactions; requirements; definitions.
  • 40-2a22 Investment companies; money market mutual funds.
  • 40-2a23 Repealed.
  • 40-2a24 Financial futures contracts; definitions; use for hedging purposes; definitions.
  • 40-2a25 Mortgage related securities.
  • 40-2a26 Medium and lower grade obligations; definitions.
  • 40-2a27 Same; limitations; exceptions; insurance company required to adopt written investment plan.
  • 40-2a28 Investment in asset-backed securities; conditions; definitions.
• Article 2b.—INVESTMENTS BY LIFE INSURANCE COMPANIES
  • 40-2b01 United States government obligations; call options.
  • 40-2b02 State, District of Columbia, territorial and municipal obligations.
  • 40-2b03 Canadian government, provincial and municipal obligations.
  • 40-2b04 Investments in foreign jurisdictions and currencies; definitions.
  • 40-2b05 Business entity obligations; definitions.
  • 40-2b06 Preferred and guaranteed stocks; investments; limitations.
  • 40-2b07 Equity interests; call options; limitations.
  • 40-2b08 Equipment trust obligations or conditional sales contracts.
  • 40-2b09 Real estate bonds, mortgages, tax lien certificates.
  • 40-2b10 Real estate.
  • 40-2b11 Policy loans.
  • 40-2b12 Collateral loans.
  • 40-2b13 Leeway clause.
  • 40-2b14 Repealed.
  • 40-2b15 Savings and loan shares or deposits.
  • 40-2b16 Bank certificates of deposit.
  • 40-2b17 International bank for reconstruction and development, inter-American development bank and African development bank.
  • 40-2b18 Real estate investment trusts.
  • 40-2b19 Prior lawful investments.
  • 40-2b20 Adoption of nominee name; designation of bank or trust company as trustee; defining clearing corporation.
  • 40-2b21 Securities lending, repurchase and reverse repurchase transactions; requirements; definitions.
  • 40-2b22 Repealed.
  • 40-2b23 Stock in any insurance company, health maintenance organization, incorporated insurance agency or holding corporation.
  • 40-2b24 Investment companies; money market mutual funds.
  • 40-2b25 Financial futures contracts; definitions; use for hedging purposes; replication transactions; rules and regulations.
  • 40-2b26 Mortgage related securities.
  • 40-2b27 Medium and lower grade obligations; definitions.
  • 40-2b28 Same; limitations; exceptions; insurance company required to adopt written investment plan.
  • 40-2b29 Investment in asset-backed securities; conditions; definitions.
  • 40-2b30 Accounting methods, when; hedging transactions.
• Article 2c.—RISK-BASED CAPITAL REQUIREMENTS
  • 40-2c01 Risk-based capital requirements; definitions.
  • 40-2c01a Repealed.
  • 40-2c02 Risk-based capital report.
  • 40-2c03 Determination of risk-based capital.
  • 40-2c04 Risk-based capital report; adjustment.
  • 40-2c05 Company action level event; defined.
  • 40-2c06 Submission of RBC plan.
  • 40-2c07 Risk-based capital plan; submission.
  • 40-2c08 Same; notification by commissioner.
  • 40-2c09 Same; notification a regulatory action level event.
  • 40-2c10 Domestic insurer to file RBC plan in any state authorized to do business.
  • 40-2c11 Regulatory action level event; defined.
  • 40-2c12 Same; commissioner's duties in regulatory action level event.
  • 40-2c13 Corrective actions; submission of RBC plans, when.
  • 40-2c14 Review of RBC plans; expenses.
  • 40-2c15 Authorized control level event; defined.
  • 40-2c16 Same; commissioner's duties in authorized control level event.
  • 40-2c17 Mandatory control event; defined.
  • 40-2c18 Same; commissioner's actions.
  • 40-2c19 Hearing under Kansas administrative procedure act.
  • 40-2c20 RBC reports, plans and corrective orders are confidential; not to be used by commissioner for rate making.
  • 40-2c21 Comparison of insurer's total adjusted capital to RBC levels, prohibited generally.
  • 40-2c22 Provisions of act supplemental to other provisions of law.
  • 40-2c23 Foreign insurer RBC report, when.
  • 40-2c24 Commissioner may require foreign insurer to file RBC plan, when.
  • 40-2c25 Mandatory control level event; foreign insurer; liquidation of property.
  • 40-2c26 Notices by commissioner; effective, when.
  • 40-2c27 Invalidity of act.
  • 40-2c28 Property and casualty insurer exempt; when.
  • 40-2c29 RBC; rules and regulations; conditions.
• Article 2d.—HEALTH ORGANIZATION RISK-BASED CAPITAL REQUIREMENTS
  • 40-2d01 Risk-based capital requirements; definitions.
  • 40-2d02 Risk-based capital report.
  • 40-2d03 Determination of risk-based capital.
  • 40-2d04 Risk-based capital report; adjustment.
  • 40-2d05 Company action level event; defined.
  • 40-2d06 Submission of RBC plan.
  • 40-2d07 Risk-based capital plan; submission.
  • 40-2d08 Same; notification by commissioner.
  • 40-2d09 Same; notification of a regulatory action event.
  • 40-2d10 Domestic health organization to file RBC plan in any state authorized to do business.
  • 40-2d11 Regulatory action level event.
  • 40-2d12 Same; commissioner's duties in regulatory action level event.
  • 40-2d13 Corrective actions; submission of RBC plans, when.
  • 40-2d14 Review of RBC plans; expenses.
  • 40-2d15 Authorized control level event; defined.
  • 40-2d16 Same; commissioner's duties in authorized control level event.
  • 40-2d17 Mandatory control event; defined.
  • 40-2d18 Same; commissioner's actions.
  • 40-2d19 Hearing under Kansas administrative procedure act.
  • 40-2d20 RBC reports, plans and corrective orders are confidential; not to be used for rate making.
  • 40-2d21 Comparison of health organization's total adjusted capital to RBC levels, prohibited generally.
  • 40-2d22 Provisions of act supplemental to other provisions of law.
  • 40-2d23 Foreign health organization; RBC report.
  • 40-2d24 Commissioner may require foreign health insurer to file RBC plan, when.
  • 40-2d25 Mandatory control level event; foreign health organization; liquidation of property.
  • 40-2d26 Notices by commissioner; effective, when.
  • 40-2d27 Invalidity of act.
  • 40-2d28 Regulatory action provisions; phase in.
  • 40-2d29 Rules and regulations.
  • 40-2d30 Health organization risk-based capital act; citation.
• Article 3.—ORGANIZATION, MERGER OR CONSOLIDATION OF STOCK COMPANIES
  • Cross References to Related Sections:

    Merger or consolidation of certain mutual companies other than life, see 40-1216 through 40-1225.

  • 40-301 Definition of insurance company.
  • 40-302 Minimum capital; par value of stock.
  • 40-303 Powers of board of directors.
  • 40-304 Subscription of stock.
  • 40-305 Directors; numbers; election; oath.
  • 40-306 Officers and agents; signatures to contracts.
  • 40-307 Amendment of charter; increase or decrease of capital.
  • 40-308 Transfer of stock; application of dividends on notes or obligations of stockholders.
  • 40-309 Union, merger or consolidation; reinsurance.
  • 40-310 Additional kinds of insurance authorized; surplus and deposit requirements.
• Article 4.—GENERAL PROVISIONS RELATING TO LIFE INSURANCE COMPANIES
  • 40-401 Formation of company on stock or mutual plan; powers of companies; combination policies; specified disease and critical illness riders; organizational requirements; guaranty funds; deposits with joint custodians; withdrawals, when; paid-up capital stock, surplus and deposit requirements; rules and regulations.
  • 40-402 Paid-up capital stock, surplus; deposit of securities.
  • 40-403 Repealed.
  • 40-403a Repealed.
  • 40-403b Same; foreign companies.
  • 40-403c Repealed.
  • 40-404 Repealed.
  • 40-404a Repealed.
  • 40-404b Repealed.
  • 40-404c Repealed.
  • 40-405 Repealed.
  • 40-406 Repealed.
  • 40-407 Repealed.
  • 40-408 Repealed.
  • 40-409 Valuation of policies; compensation of actuary; standard valuation law; commissioners' reserve valuation method; lapse rates; aggregate reserves; calculations; Kansas companies doing business in another state; annual opinion by actuary on reserves; confidential; valuation manual; principle-based valuation; single state exemption.
  • 40-410 Cancellation of policy for nonpayment of premiums; notice, when; policyowner defined.
  • 40-411 Notice of intention to cancel policy for nonpayment of premium; time for payment.
  • 40-412 When action to be maintained on insurance contract.
  • 40-413 Death of beneficiary in policy; duties of insurance company.
  • 40-414 Exemption of interests in policies; exceptions.
  • 40-414a Trust provisions in contracts; restrictions on alienation; exemptions.
  • 40-415 Insurance to go to estate of insured when beneficiary dies before insured.
  • 40-416 Subsequent agreements.
  • 40-417 Fraud and perjury; penalty.
  • 40-418 Materiality of misrepresentation in obtaining policy.
  • 40-419 Tender of premiums with defense of misrepresentation.
  • 40-419a Refund upon cancellation of individual term policy; calculation.
  • 40-420 Contents of insurance policy; exceptions.
  • 40-420a Policy loan interest rates; purpose.
  • 40-420b Same; definitions.
  • 40-420c Same; methods to determine interest rates; definitions.
  • 40-420d Same; applicability to policies.
  • 40-421 Provisions insurance policy not to contain.
  • 40-422 Industrial life insurance; definitions.
  • 40-423 Same; contents of industrial life insurance policy; exceptions; surrender.
  • 40-424 Same; designation of beneficiary; change of; payments.
  • 40-425 Same; cash surrender value and value of stipulated form to be equal.
  • 40-426 Same; commissioner may authorize policies more favorable.
  • 40-427 Nonforfeiture benefits and cash surrender values in life policies issued prior to the operative date of K.S.A. 40-428.
  • 40-428 Standard nonforfeiture law.
  • 40-428a Repealed.
  • 40-429 Loan provisions in policies.
  • 40-430 Repealed.
  • 40-431 Definition of due date for the payment of premiums and of when premium in default.
  • 40-432 Invalidity of part.
  • 40-433 Group life insurance; types of policies and requirements.
  • 40-433a Same; provision granting employee right of assignment of benefits.
  • 40-434 Same; policy provisions required.
  • 40-435 Same; conversion privileges; notice.
  • 40-436 Establishment of separate accounts; investment and handling; contracts for benefits in variable amounts; limitation and regulation of issuance; authority of commissioner; rules and regulations.
  • 40-437 Same; application of other laws; variable life contracts, provisions required; reserve liability requirements.
  • 40-438 Same; severability.
  • 40-439 Assignment of rights and privileges under life and accident and health insurance policies.
  • 40-440 Same; act acknowledges existing right of assignment.
  • 40-441 Designation of trustee under will as beneficiary of life insurance policy.
  • 40-442 Issuance of life insurance policy; filing of form prior to issuance.
  • 40-443 Same; approval of commissioner.
  • 40-444 Same; disapproval of policy form; notice, requirements; hearing.
  • 40-445 Same; withdrawal of approval; notice and hearing; unlawful for insurer to issue or use such form.
  • 40-446 Repealed.
  • 40-447 Payment of life insurance proceeds; interest required to be paid, when.
  • 40-448 Transfer of domicile of domestic company; approval of commissioner; admittance as foreign insurer; deposit of securities; certificate of secretary of state; continuation of existing authority and policies; nonrecognition of transfer for certain purposes.
  • 40-449 Policies covering debtors, replacement by creditor; limitation on contestation.
  • 40-450 Life insurance; insurable interests; assignments to charitable, benevolent, educational and religious institutions.
  • 40-451 Coverage temporarily effective, when; written receipt for premium may exclude, void or limit coverage; refund of unearned premium.
  • 40-452 Life insurance; employer's insurable interest in employees; when.
  • 40-453 Life insurance; insurable interest.
  • 40-454 through 40-460 Reserved.

  • STRUCTURED SETTLEMENTS

    40-461 Structured settlement protection act; definitions.
  • 40-462 Same; disclosure statement, contents.
  • 40-463 Same; approval of transfer; required findings.
  • 40-464 Same; discharge of structured settlement obligor and annuity issuer, when; liability of transferee.
  • 40-465 Same; application for approval of transfer of structured settlement payment rights; procedure.
  • 40-466 Same; limitations on provisions of transfer agreement.
  • 40-467 Same; citation of act; applicability to workers compensation.
  • 40-468 through 40-4,100 Reserved.

  • STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES

    40-4,101 Standard nonforfeiture law for individual deferred annuities; citation of act.
  • 40-4,102 Same; application.
  • 40-4,103 Same; nonforfeiture requirements.
  • 40-4,104 Same; minimum values; rules and regulations.
  • 40-4,105 Same; computation of present value.
  • 40-4,106 Same; calculation of cash surrender value.
  • 40-4,107 Same; calculation of paid-up annuity benefits.
  • 40-4,108 Same; maturity date.
  • 40-4,109 Same; disclosure of death benefits.
  • 40-4,110 Same; inclusion of lapse of time considerations.
  • 40-4,111 Same; proration of values; additional benefits.
  • 40-4,112 Same; rules and regulations.
  • 40-4,113 Same; effective date.
  • 40-4,114 through 40-4,200 Reserved.
  • 40-4,201 Unclaimed life insurance benefits act; citation.
  • 40-4,202 Same; definitions.
  • 40-4,203 Same; comparison to death master file; determination of beneficiaries, process; escheat to state, when.
• Article 5.—MUTUAL LIFE INSURANCE COMPANIES
  • 40-501 Formation.
  • 40-502 Directors and officers; vacancies; elections.
  • 40-503 Seal; bylaws.
  • 40-504 Certificate of authority; procedure and fee; duties of attorney general.
  • 40-505 Suspension of business.
  • 40-506 Issuance of participating and nonparticipating insurance and annuities by mutual life insurance companies.
  • 40-507 Merger or consolidation; order of commissioner directing delivery of assets.
  • 40-508 Same; merger and consolidation defined.
  • 40-509 Same; resolution of boards of directors.
  • 40-510 Same; merger or consolidation of companies; filing agreement with commissioner; hearing; disapproval, grounds; notice of disapproval.
  • 40-511 Same; approval by two-thirds vote of policyholders; notice of meeting; summary of agreement.
  • 40-512 Same; impaired insurer.
  • 40-513 Same; articles of merger or consolidation, requirements.
  • 40-514 Same; articles of merger or consolidation, examination by commissioner; approval; filings; effect of commissioner's approval.
  • 40-515 Same; compensation of directors and officers; criminal penalties.
  • 40-516 Same; act supplemental to insurance code; severability.
• Article 6.—MUTUAL ASSESSMENT LIFE ASSOCIATIONS
  • 40-601 Mutual assessment life associations; types of insurance permitted; liability of policyholders; deposit of securities.
  • 40-602 Formation; directors and officers; annual meeting.
  • 40-603 What policy to state.
  • 40-604 Regulations and restrictions.
  • 40-605 Policy not contestable; assessment to pay policy on maturity; payment to beneficiary.
  • 40-606 Suspension of business and reinsurance.
  • 40-607 Regulations and restrictions of foreign mutual assessment life associations.
  • 40-608 Reserve funds; reports.
  • 40-609 Act not to apply to certain associations.
• Article 7.—FRATERNAL BENEFIT SOCIETIES
  • 40-701 Repealed.
  • 40-702 Repealed.
  • 40-703 Repealed.
  • 40-704 Repealed.
  • 40-705 Repealed.
  • 40-706 Repealed.
  • 40-706a Repealed.
  • 40-707 Repealed.
  • 40-708 Repealed.
  • 40-709 Repealed.
  • 40-710 Repealed.
  • 40-711 Repealed.
  • 40-712 Repealed.
  • 40-713 Repealed.
  • 40-714 Repealed.
  • 40-715 Repealed.
  • 40-716 Repealed.
  • 40-717 Repealed.
  • 40-718 Repealed.
  • 40-719, 40-720 Repealed.
  • 40-721 Repealed.
  • 40-722 Repealed.
  • 40-723, 40-724 Repealed.
  • 40-725 Repealed.
  • 40-726 through 40-737 Repealed.
  • 40-738 Definitions.
  • 40-739 Operation on lodge system; subordinate lodges required to hold regular meetings; lodges for children.
  • 40-740 Representative form of government; election and voting criteria.
  • 40-741 Definitions.
  • 40-742 Operation for benefit of members; authorized insurance business and purposes; specification of persons who may be covered; adoption of laws and rules governing society's operation.
  • 40-743 Laws and rules; provisions relating to membership to be specified.
  • 40-744 Location of principal office; supreme governing body, location of meetings, minutes of proceedings; official publication for notices; mailings; grievance or complaint procedures.
  • 40-745 Personal liability of supreme governing body officers and members; indemnification and reimbursement for expenses and liabilities of directors, officers, employees and agents of society and other entities; liability insurance.
  • 40-746 Society's laws nonwaivable by subordinate bodies, officers or members.
  • 40-747 Beneficiary designations; payment of funeral benefits to persons incurring expense therefor; payment of proceeds when no lawful beneficiary.
  • 40-748 Benefits not subject to attachment, garnishment or process.
  • 40-749 Benefit contracts; certificate to be issued to owners; statements on application representations; effect of amendments to society's laws; contracts on lives of minors; impairment of reserves; copies of documents to be received as evidence; certificates to be filed with commissioner; standard contract provision requirements; transfer of contract to minor on attaining minimum age; assignment of contracts.
  • 40-750 Valuation of paid-up nonforfeiture benefits, cash surrender values and loan or other options.
  • 40-751 Investment of funds.
  • 40-752 Holding of assets; creation of special funds; establishment of separate accounts; issuance of contracts on variable basis.
  • 40-753 Insurance laws application to societies.
  • 40-754 Standards of valuation for certificates; mortality tables; maintenance of reserves in excess of those required.
  • 40-755 Annual statement to include valuation of certificates in force; certification or verification of actuary.
  • 40-756 Licenses continued in force upon payment of fees; certified copy of license prima facie evidence licensee is society.
  • 40-757 Examinations; notice and opportunity to respond; payment of expenses.
  • 40-758 Foreign and alien societies to procure license to transact business in state; filing and other requirements.
  • 40-759 Deficiencies in operation by domestic society; notice to correct; show cause requirement upon failure to correct; injunction or quo warranto action by attorney general; recommencement of business; liquidation; receiver; procedures applicable to society voluntarily discontinuing business.
  • 40-760 Deficiencies in operation by foreign or alien society; notice to correct; show cause requirement upon failure to correct; suspension, revocation or refusal of authority to do business; certain contracts authorized to be continued.
  • 40-761 Application or petition for injunction required to be made by attorney general on request of commissioner.
  • 40-762 Agents, licensing, certification and examination; exemption therefrom for certain agents, representatives and members; society to maintain record of exempted representatives; information thereof and of change of exempt status to be furnished to commissioner; continuing education requirements.
  • 40-763 Societies and agents subject to law regulating trade practices; construction and application thereof.
  • 40-764 Formation requirements; incorporators; articles of incorporation; documents to be filed with commissioner; bond; preliminary certificate of authority, expiration; solicitation of members upon receipt of preliminary certificate; conditions precedent to incurring liabilities or paying benefits; issuance of certificate of authority; societies incorporated on act's effective date not required to reincorporate.
  • 40-765 Amendment of domestic society's laws; procedures; approval by commissioner; amendments or synopsis thereof to be furnished to members; amendments and additions to be furnished to commissioner; printed copies prima facie evidence of legal adoption.
  • 40-766 Establishment and operation of not for profit institutions to further purposes of society; compensation for institutions' services; annual statement to include property held for such purposes.
  • 40-767 Reinsurance; limitations; credit for reserves on ceded risks.
  • 40-768 Consolidation or merger of domestic society; documents and evidence to be filed with commissioner; approval of commissioner; effective date; societies incorporated under laws of foreign state; transfer of rights and property to society resulting or remaining after transaction; affidavit prima facie evidence of furnishing notice or documents.
  • 40-769 Conversion of society into mutual or stock life insurance company.
  • 40-770 Same; submission of proposal to supreme legislative body; notice to be furnished members and policyholders; meeting of subordinate lodges or branches on proposal; election of delegates to supreme legislative body; approval of plan by commissioner; options for members or policyholders upon conversion.
  • 40-771 Same; adoption of resolution by delegates to supreme legislative body; certificate to be filed with commissioner by directors of society; contents.
  • 40-772 Same; report of meeting to be filed with commissioner.
  • 40-773 Same; conversion into stock company; purchase of stock; notice to members or policyholders of right to purchase; preference; limitation; nonmembers of society.
  • 40-774 Same; status of corporation upon conversion; reserves on policies issued prior to conversion; succession to rights and property of society; power of commissioner to order divestiture or revaluation.
  • 40-775 Same; preservation of rights of members, policyholders and creditors of society as obligations of new corporation; appointment of commissioner as process agent.
  • 40-776 Same; obligation of new corporation to perform obligations of society; preservation of pending legal actions.
  • 40-777 Appointment of commissioner as process agent; time for society to file pleadings after receiving copy of notice.
  • 40-778 Review of commissioner's decisions.
  • 40-779 Penalties for violations.
  • 40-780 Application of act to exempted societies and organizations; information required by commissioner.
  • 40-781 Rules and regulations.
  • 40-782 Severability of act.
• Article 8.—BURIAL INSURANCE
  • 40-801 Repealed.
  • 40-802, 40-803 Repealed.
  • 40-804 Repealed.
  • 40-805 Repealed.
  • 40-806 Continued transactions by burial insurance corporations engaging in business on January 1, 1961; conditions; limitation on risks.
• Article 9.—GENERAL PROVISIONS RELATING TO FIRE INSURANCE COMPANIES
  • Cross References to Related Sections:

    Insurance by state agencies, see chapter 74, article 47.

    Law Review and Bar Journal References:

    Oil company credit card insurance purchase plan, opinion of attorney general, 9 K.L.R. 475 (1961).

  • 40-901 Kinds of business authorized; paid-up capital and surplus requirements; limitations on size of a single risk.
  • 40-902 Deposit of securities by stock insurance company.
  • 40-903 Repealed.
  • 40-904 Repealed.
  • 40-905 Statement of value in policy; evidence of ownership of property; exceptions.
  • 40-906 Inspection and description of premises.
  • 40-907 Vacancy of premises.
  • 40-908 Attorney fees in certain actions.
  • 40-909 Repealed.
  • 40-910 Repealed.
  • 40-911 Repealed.
  • 40-912 Repealed.
  • 40-913 Repealed.
  • 40-914 through 40-916 Repealed.
  • 40-917 Repealed.
  • 40-918 Repealed.
  • 40-919 Repealed.
  • 40-920 Repealed.
  • 40-921 Repealed.
  • 40-922 Repealed.
  • 40-923 Repealed.
  • 40-924 Proof of loss by fire or tornado; insurer to furnish blanks and directions.
  • 40-925 Repealed.
  • 40-926 Repealed.
  • 40-927 Repealed.
  • 40-928 Repealed.
  • 40-928a Repealed.
  • 40-929 Repealed.
  • 40-929a Repealed.
  • 40-930 Repealed.
  • 40-931 Repealed.
  • 40-932 through 40-936 Repealed.
  • 40-937 Repealed.
  • 40-938 Same; false or misleading information; penalties.
  • 40-939 Repealed.
  • 40-940 Repealed.
  • 40-941 through 40-943 Repealed.
  • 40-944, 40-945 Repealed.
  • 40-946 through 40-950 Reserved.

  • FIRE AND CASUALTY INSURANCE RATES

    40-951 Fire and casualty insurance rates; purpose of act.
  • 40-952 Same; application of act.
  • 40-953 Same; excessive, inadequate or unfairly discriminatory rates or rates resulting in destruction of competition, standards.
  • 40-954 Same; determining factors; expense provisions; classification of risks; modification for individual risks; contingencies and allowances for profit; exemptions; mandatory rating plan use.
  • 40-955 Same; rate filings; review and approval of certain lines; effective dates; exemptions from filing; certain workers compensation policies; rules and regulations.
  • 40-955a Repealed.
  • 40-955b Same; rate filings; premium variance, when allowed.
  • 40-956 Same; rating organizations; licensure, fee, suspension or revocation; subscriber discrimination and certain rules prohibited; examinations, costs; authorized cooperation and transactions.
  • 40-957 Same; advisory organizations; required filings; insurers and rating organizations prohibited from relying on statistics, when.
  • 40-958 Same; deviations from rating organization filings.
  • 40-959 Same; appeal of rating organization decision; hearing; order.
  • 40-960 Same; information to be furnished insureds; grievance procedures; appeals to commissioner.
  • 40-961 Same; statistical plans for reporting loss and expense data; rules and regulations.
  • 40-962 Same; withholding or giving false or misleading information prohibited.
  • 40-963 Same; violations; penalties.
  • 40-964 Same; hearings under administrative procedure act.
  • 40-965 Same; review of commissioner's actions; rates pending final determination of court.
  • 40-966 Fire and casualty insurance rates; premiums; account charged in accordance with act; rebates and other inducements prohibited.
  • 40-967 Same; severability.
  • 40-968, 40-969 Reserved.

  • PROPERTY/CASUALTY FLEX-RATING REGULATORY IMPROVEMENT ACT

    40-970 Property/casualty flex-rating regulatory improvement act; rate increase or decrease, limitation on.
  • 40-971 Same; rates in excess of limitation of preceding section.
  • 40-972 Same; procedure; duties of commissioner.
  • 40-973 Same; effect on existing policy, limitation on.
  • 40-974 Same; definitions.
  • 40-975 Same; citation of act.
• Article 10.—MUTUAL FIRE AND TORNADO COMPANIES
  • Cross References to Related Sections:

    Merger or consolidation of certain mutual companies other than life, see 40-1216 through 40-1225.

  • 40-1001 Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations.
  • 40-1001a Authority to insure glass breakage, vandalism and theft in addition to coverage under K.S.A. 40-1001; reserve fund and security deposit; requirements.
  • 40-1002 Classification of insurable property.
  • 40-1003 No policy issued until required application, premium notes and securities received.
  • 40-1004 Directors; election; vacancy.
  • 40-1005 Annual meeting of members; proxies.
  • 40-1006 Officers; election; term.
  • 40-1007 Deposit notes.
  • 40-1008 Liability for losses; assessments; indebtedness.
  • 40-1009 Recovery of assessments or on notes; cash policies not assessable.
  • 40-1010 Suits for collection of assessments; liability of officers and directors; suits against company for losses.
  • 40-1011 Property to be assessed and taxed.
  • 40-1012 Bylaws.
  • 40-1013 Classification of risks.
  • 40-1014 Term of policies.
  • 40-1015 Withdrawal of member of company; return premium; cancellation of policy, notice.
  • 40-1016 Limitation on amount of risk; reinsurance.
  • 40-1017 Execution and contents of policy.
  • 40-1018 Reserve fund.
  • 40-1019 Statement for annual meeting.
  • 40-1020 Other corporations as members of company; vote.
  • 40-1021 Guarantee fund.
  • 40-1022 Creation and investment of such fund; liability.
  • 40-1023 Scope of insurance by companies having guarantee fund; foreign companies.
  • 40-1024 Cash or notes in payment of premiums; liability of members of company.
  • 40-1025 Notice of creation of guarantee fund; examination; certificate of authority.
  • 40-1026 Reinsurance of risks; assessment.
  • 40-1027 Mutual fire and tornado companies; paid-up capital and surplus requirements.
  • 40-1028 Consolidation of business into one class; vote of directors.
  • 40-1029 Advances of money and issuance of certificates of indebtedness.
• Article 11.—GENERAL PROVISIONS RELATIVE TO CASUALTY, SURETY AND FIDELITY COMPANIES
  • Law Review and Bar Journal References:

    "Kansas Automobile Insurance: Current Issues and Problems," John J. Knoll, 29 W.L.J. 600, 623 (1990).

  • 40-1101 Insurance company defined.
  • 40-1102 Kinds of insurance and reinsurance authorized; limitations; paid-up capital and surplus requirements.
  • 40-1103 Paid-up capital stock and surplus required; deposits of securities; amount.
  • 40-1104 Regulation of foreign companies; capital stock and surplus required.
  • 40-1105 Revocation of certificate of authority, when.
  • 40-1106 Repealed.
  • 40-1107 Maximum amount of one risk or hazard; exceptions.
  • 40-1107a Same; title insurance company; exceptions.
  • 40-1108 Reserves of surety company.
  • 40-1109 Repealed.
  • 40-1109a, 40-1109b Repealed.
  • 40-1110 Supplemental coverages or endorsements in connection with liability policies.
  • 40-1111 Repealed.
  • 40-1111a Repealed.
  • 40-1112 Repealed.
  • 40-1112a Discount for motor vehicle insurance, when; conditions.
  • 40-1113 Repealed.
  • 40-1113a Repealed.
  • 40-1113b Repealed.
  • 40-1113c Repealed.
  • 40-1114 Repealed.
  • 40-1114a Repealed.
  • 40-1115 Repealed.
  • 40-1116, 40-1117 Repealed.
  • 40-1118 Repealed.
  • 40-1119 Same; false or misleading information; penalty.
  • 40-1120 Repealed.
  • 40-1121 Repealed.
  • 40-1122 Repealed.
  • 40-1123 Repealed.
  • 40-1124 Repealed.
  • 40-1125 Repealed.
  • 40-1126 Reports by insurers of health care providers of any actions to state board of healing arts.
  • 40-1127 Same; content of reports.
  • 40-1128 Same; disclosure.
  • 40-1129 Same; no liability.
  • 40-1130 Repealed.
  • 40-1131 Repealed.
  • 40-1132 Repealed.
  • 40-1133 Repealed.
  • 40-1134 Title insurance companies; policy requirements.
  • 40-1135 Title insurance agencies; purpose.
  • 40-1136 Same; definitions.
  • 40-1137 Same; agents, authorized activities; use of client funds; escrow accounts, audit.
  • 40-1138 Same; agent record requirements; inspection.
  • 40-1139 Same; financial responsibility requirements.
  • 40-1140 Same; rules and regulations; commissioner's orders.
  • 40-1141 Same; violations and penalties.
• Article 12.—MUTUAL INSURANCE COMPANIES OTHER THAN LIFE
  • 40-1201 Authority for formation; directors and officers; elections.
  • 40-1202 Articles of incorporation; name.
  • 40-1203 Kinds of insurance authorized.
  • 40-1204 Certification of authority; conditions for issuance.
  • 40-1205 Corporate membership; personal liability.
  • 40-1206 Number of votes of members.
  • 40-1207 Premiums, premium deposits; limitation on liability of policyholder; acceptance of notes for premiums in certain cases; determination of unearned premium reserves on certain policies.
  • 40-1208 Reserves.
  • 40-1209 Advancements to company; annual report; commission or promotion expenses prohibited; approval of commissioner to issue or retire certificates of indebtedness.
  • 40-1210 Foreign mutual insurance companies; paid-up capital and surplus requirements.
  • 40-1211 Premium tax; in lieu of certain other taxes.
  • 40-1212 Repealed.
  • 40-1213 Certain existing companies or associations.
  • 40-1214 Repealed.
  • 40-1215 Charter and other papers to be filed; approval; authorization.
  • 40-1216 Merger or consolidation of certain mutual companies other than life.
  • 40-1217 Merger or consolidation of certain mutual companies other than life; powers of merged company.
  • 40-1218 Same; procedure.
  • 40-1219 Same; vote of policyholders on agreement; meetings of policyholders, notice; required votes.
  • 40-1219a Same; approval of policyholders of merger or consolidation of certain mutual companies not required.
  • 40-1220 Same; application for approval of agreement by commissioner of insurance and policyholders; requirements.
  • 40-1221 Same; approval by commissioner.
  • 40-1222 Same; filing of approved or disapproved application or agreement; effect of consolidation or merger.
  • 40-1223 Same; rights of dissatisfied policyholders; appraisement of interest; award; costs; judgment, when.
  • 40-1224 Same; fees of officers or directors, prohibited unless disclosed; penalty.
  • 40-1225 Same; construction of act; invalidity of part.
  • 40-1226 Additional kinds of insurance authorized; surplus and deposit requirements.
• Article 12a.—MUTUAL INSURANCE COMPANIES ORGANIZED TO PROVIDE HEALTH CARE PROVIDER LIABILITY INSURANCE
  • 40-12a01 Definitions.
  • 40-12a02 Formation and operation; purpose.
  • 40-12a03 Board of directors; selection; officers.
  • 40-12a04 Articles of incorporation.
  • 40-12a05 Bylaws.
  • 40-12a06 Insurance authorized to be written; authority to contract with joint underwriting authority and write insurance under plan.
  • 40-12a07 Certificate of authority; issuance; conditions; limitation on amount of risk; surplus; deposit of securities.
  • 40-12a08 Liability of insureds; certain distributions precluded; distribution of dividends.
  • 40-12a09 Annual statement.
• Article 13.—MUTUAL INDEMNITY ASSOCIATIONS
  • 40-1301 Repealed.
  • 40-1302 Repealed.
  • 40-1303 Repealed.
  • 40-1304 Repealed.
  • 40-1305 through 40-1311 Repealed.
  • 40-1312 Mutual indemnity associations transacting business on June 30, 1961, authorized to continue; conditions.
• Article 14.—MUTUAL ASSESSMENT HEALTH AND ACCIDENT ASSOCIATIONS (Not in active use)
  • 40-1401 Repealed.
  • 40-1402 Repealed.
  • 40-1403 Repealed.
  • 40-1404 Repealed.
  • 40-1405 Repealed.
  • 40-1406 through 40-1408 Repealed.
  • 40-1409 Repealed.
  • 40-1410 Repealed.
• Article 15.—MUTUAL HAIL INSURANCE COMPANIES
  • 40-1501 Formation of companies; membership fee.
  • 40-1502 Statement of incorporators to be filed; contents of charter; deposit of securities; certificate of authority.
  • 40-1503 Application for insurance; premium; insured as members of company.
  • 40-1504 Assessments; adjustment and payment of losses; losses paid when adjusted, when.
  • 40-1505 Recovery of assessments; limitation of liability of member.
  • 40-1506 Reserve fund; investment.
  • 40-1507 Annual meeting; voting of members.
  • 40-1508 Officers; election; term.
  • 40-1509 Meetings of directors.
  • 40-1510 Powers and duties of directors; bylaws; duties and compensation of officers; rates of insurance and membership fees.
  • 40-1511 Directors; election; vacancy.
  • 40-1512 Policies; liability; membership.
  • 40-1513 Misrepresentations by assured.
  • 40-1514 Withdrawal by policyholder.
  • 40-1515 Uniform rates for same class of risks.
  • 40-1516 Unlawful acts of foreign companies; reinsurance therewith by domestic company prohibited.
  • 40-1517 Attorney's fee in actions.
  • 40-1518 Reinsurance; approval of commissioner.
  • 40-1519 Insuring or reinsuring growing crops against direct loss or damage by fire, when; insuring harvested crops being transported for any loss.
• Article 16.—RECIPROCAL OR INTERINSURANCE CONTRACTS
  • Law Review and Bar Journal References:

    Cited in nisi prius decision relating to an appearance waiving defective service, 6 K.L.R. 391, 392 (1958).

  • 40-1601 Exchange contracts authorized.
  • 40-1602 Execution of contracts by attorney-in-fact.
  • 40-1603 Domestic reciprocal; attorney-in-fact; declarations.
  • 40-1604 Statements filed by attorney-in-fact with commissioner; amount of indemnity.
  • 40-1605 Maintenance of unearned premiums and reserves; surplus funds; conditions.
  • 40-1606 Advancements to company; conditions.
  • 40-1607 Service of process upon commissioner; fee; suits by and against subscribers.
  • 40-1608 Bond of attorney and employees.
  • 40-1609 Power of corporation to exchange contracts.
  • 40-1610 Certificate of authority; revocation or suspension.
  • 40-1611 Levies and taxes on premiums; payment; deductions.
  • 40-1612 Certain provisions of code to reciprocals.
  • 40-1613 Authority to write fidelity and surety bonds; conditions.
  • 40-1614 Repealed.
  • 40-1615 Merger of Armed Forces Cooperative Insuring Association with Armed Forces Insurance Exchange; definitions.
  • 40-1616 Same; approval; assumption of policies and business by surviving entity.
  • 40-1617 Same; merger agreement; approval; submission to insurance commissioner.
  • 40-1618 Same; information required to be filed with insurance commissioner; notice and hearing on merger; approval, when; costs.
  • 40-1619 Same; construction of act; exemption from certain provisions of law.
  • 40-1620 Conversion of insurance company into insurance reciprocal; conversion plan requirements; approval; definitions.
  • 40-1621 Same; hearing on conversion plan.
  • 40-1622 Same; act supplemental to article 16.
  • 40-1623 Definitions.
  • 40-1624 Reciprocal; business name.
  • 40-1625 Reciprocal; board of directors; requirements on; powers and duties.
  • 40-1626 Subscriber's agreement; requirements.
  • 40-1627 Modification of power of attorney; filing requirements.
  • 40-1628 Reciprocal; return of savings to subscriber accounts.
  • 40-1629 Domestic reciprocal; liquidation; requirements on.
  • 40-1630 Reciprocal; assessable insurance policies, prohibition against issuance.
  • 40-1631 Conversion of reciprocal to a mutual insurance company; conversion plan requirements; approval; definitions.
• Article 17.—FIREFIGHTERS RELIEF ACT
  • Law Review and Bar Journal References:

    "Survey of Kansas Tort Law," William E. Westerbeke and Reginald L. Robinson, 37 K.L.R. 1005, 1027 (1989).

  • 40-1701 Definitions.
  • 40-1702 Return of accounts of premiums by insurance companies; filing of plats of areas provided fire protection.
  • 40-1703 Assessment of tax of premiums, payment.
  • 40-1704 Books of account; fraud.
  • 40-1705 Repealed.
  • 40-1706 Financial reports of firefighters relief associations, filing, proceedings for improper expenditures; authorized disposition of tax proceeds; determination and payment of amounts to state and local associations; procedures upon dissolution of local associations; handling and investment of moneys by local association, restrictions.
  • 40-1707 Authorized uses of moneys received by firefighters relief associations; cessation of private fire department, transfer of association funds to state firefighters association, inc.
  • 40-1708 Citation of act.
  • 40-1709 Firefighter health insurance; continuation.
• Article 18.—MUTUAL NONPROFIT HOSPITAL SERVICE CORPORATIONS
  • 40-1801 Repealed.
  • 40-1802 Repealed.
  • 40-1803 Repealed.
  • 40-1804 Repealed.
  • 40-1805 Repealed.
  • 40-1806 Repealed.
  • 40-1807, 40-1808 Repealed.
  • 40-1809 Repealed.
  • 40-1810 Repealed.
  • 40-1811 Repealed.
  • 40-1812 Repealed.
  • 40-1813 Repealed.
  • 40-1814, 40-1815 Repealed.
  • 40-1816 Repealed.
• Article 19.—NONPROFIT MEDICAL SERVICE CORPORATIONS
  • 40-1901 Repealed.
  • 40-1902 Repealed.
  • 40-1903 Repealed.
  • 40-1904 Repealed.
  • 40-1905 Repealed.
  • 40-1906 Repealed.
  • 40-1907 Repealed.
  • 40-1908 Repealed.
  • 40-1909 Repealed.
  • 40-1910 Repealed.
  • 40-1911 Repealed.
  • 40-1912 Repealed.
  • 40-1913 Repealed.
  • 40-1914 Repealed.
  • 40-1915 Repealed.
• Article 19a.—NONPROFIT DENTAL SERVICE CORPORATIONS
  • 40-19a01 Citation of act.
  • 40-19a02 Organization; purposes; function as administrative agent for group programs.
  • 40-19a03 Membership of corporation; participating agreements from dentists; board of directors.
  • 40-19a04 Contracts; authorization.
  • 40-19a05 Certificate of authority; conditions.
  • 40-19a06 Subscription agreements.
  • 40-19a07 Repealed.
  • 40-19a08 Subscription charges.
  • 40-19a09 Advance of money; reports.
  • 40-19a10 Insurance code sections applicable; medicaid coverage.
  • 40-19a11 Disbursement limitations; administrative expenses defined.
  • 40-19a12 Surplus; how distributed.
  • 40-19a13 Workmen's compensation law unaffected.
  • 40-19a14 Transaction of business by foreign corporation.
• Article 19b.—NONPROFIT OPTOMETRIC SERVICE CORPORATIONS (Not in active use)
  • 40-19b01 through 40-19b06 Repealed.
  • 40-19b07 Repealed.
  • 40-19b08, 40-19b09 Repealed.
  • 40-19b10 Repealed.
  • 40-19b11 through 40-19b14 Repealed.
• Article 19c.—NONPROFIT MEDICAL AND HOSPITAL SERVICE CORPORATIONS
  • 40-19c01 Citation of act.
  • 40-19c02 Merger or consolidation; application and approval by insurance commissioner; penalties.
  • 40-19c03 Organization; purposes; board of directors.
  • 40-19c04 Contracts.
  • 40-19c05 Certificate of authority; conditions.
  • 40-19c06 Subscription agreements; contents; continuation of subscription agreements; converted subscription agreements.
  • 40-19c07 Repealed.
  • 40-19c08 Advance of money; reports.
  • 40-19c09 Corporation and insurance code sections applicable; medicaid coverage.
  • 40-19c09a Repealed.
  • 40-19c10 Disbursements for soliciting of subscribers and administrative expenses limited; administrative expenses defined; controlling costs.
  • 40-19c11 Transaction of business by foreign corporation.
  • 40-19c12 Corporations mandated to convert to mutual status; procedure; effective date; existing rights and obligations not impaired.
• Article 19d.—NONPROFIT PHARMACY SERVICE CORPORATIONS (Not in active use)
  • 40-19d01 through 40-19d06 Repealed.
  • 40-19d07 Repealed.
  • 40-19d08, 40-19d09 Repealed.
  • 40-19d10 Repealed.
  • 40-19d11 through 40-19d14 Repealed.
• Article 20.—UNAUTHORIZED INSURERS PROCESS ACT
  • Cross References to Related Sections:

    Other provisions, see 40-218.

  • 40-2001 Purpose; legislative declaration.
  • 40-2002 Commissioner as process agent for unauthorized insurer; service of process.
  • 40-2003 Bond of unauthorized insurer before pleading in action; continuance; setting aside service.
  • 40-2004 Attorney fees.
  • 40-2005 Invalidity of part.
  • 40-2006 Title of act.
• Article 21.—MISCELLANEOUS PROVISIONS
  • 40-2101 Apportionment agreements among insurers as to persons unable to procure certain insurance.
  • 40-2102 Apportionment or assignment of risk of certain motor vehicle bodily injury and property damage liability insurance; filing of plan; requirements; governing board of plan; membership; meetings, term of office and duties; review of plan; approval; disapproval; procedure; amendment; preparation of plan by commissioner; unreasonable or unfair activities by insurer or rating organization.
  • 40-2103 Same; payment of commissions.
  • 40-2104 Same; invalidity of part.
  • 40-2105 Stock and membership records of stock or mutual life or stock fire or stock casualty companies; inspection.
  • 40-2106 Same; demand for examination; specification of mismanagement; hearing; powers and duties of commissioner.
  • 40-2107 Same; definitions.
  • 40-2108 Apportionment agreements among insurers as to persons unable to procure workmen's compensation and employer liability policies.
  • 40-2109 Apportionment or assignment of risk of certain workers compensation and employer's liability insurance; filing of plan; requirements; governing board of plan; membership, meetings, term of office and duties; review of plan; approval; disapproval; procedure; amendment; preparation of plan by commissioner; unreasonable or unfair activities by insurer or rating organization.
  • 40-2110 Same; payment of commissions.
  • 40-2111 Apportionment or assignment of risk for certain insurance; filing of plan; requirements; governing board of plan, membership, meetings, terms of office and duties; accident and sickness insurance report.
  • 40-2112 Review of plan; approval; disapproval; notice and hearing; order specifying defect in plan; amendment of plan; assignment made under plan.
  • 40-2113 Preparation of plan by commissioner, when; unreasonable or unfair activity or practice by insurer or rating organization; hearing; order.
  • 40-2114 Participating insurer may pay commission to other participating insurer or agent.
  • 40-2115 Hearings; compliance with K.S.A. 40-281 and the Kansas administrative procedure act.
  • 40-2116 Rules and regulations.
  • 40-2117 Uninsurable health insurance plan; citation of act.
  • 40-2118 Uninsurable health insurance plan; definitions.
  • 40-2119 Same; Kansas health insurance association, membership, board of directors; plan of operation, approval of commissioner; powers and duties of association; reinsurance program for medicare supplement policies.
  • 40-2120 Same; plan administering carrier, selection, functions.
  • 40-2121 Same; member assessments; credit for loss assessments against premium and privilege tax liability.
  • 40-2122 Same; persons eligible for plan coverage; termination upon cessation of eligibility; notice of availability of coverage.
  • 40-2123 Same; expenses and services covered under plan; exclusions; plan not subject to coverages mandated by other laws.
  • 40-2124 Same; deductible and copayment provisions; maximum lifetime benefit; preexisting conditions exclusion; reduction of plan benefits for duplicate coverage; recovery of benefits paid for noncovered expenses.
  • 40-2125 Same; loans to finance plan commencement, repayment.
  • 40-2126 Same; uninsurable health insurance plan fund; transfers to fund plan losses; transfer of plan surplus to fund.
  • 40-2127 Same; annual financial report to commissioner; financial examination by commissioner.
  • 40-2128 Same; submission of financial report to joint committee on health care decisions for the 90's; information required.
  • 40-2129 Same; commissioner's recommendations for plan improvements to joint committee, when.
  • 40-2130 Same; form directing withholding or withdrawal of life-sustaining procedures to be provided applicants for coverage; retention upon execution.
  • 40-2131 Same; health service provider agreements; charge to insured not permitted, when.
  • 40-2132 Long-term care partnership act; citation of act.
  • 40-2133 Same; definitions.
  • 40-2134 Same; department of health and environment duties; long-term care partnership policies, benefits of; duties of certain state agencies.
  • 40-2135 Same; duties of commissioner.
  • 40-2136 Same; duties of issuers of long-term care partnership policies; exchange of certain long-term policies.
  • 40-2137 Same; rules and regulations.
  • 40-2138 Payment of claims by property insurer; requirements; dual endorsement not required.
  • 40-2139 Commissions not administrative expenses for purposes of medical loss ratio.
  • 40-2140 Law enforcement officer health insurance; continuation.
  • 40-2141 Emergency personnel health insurance; continuation.
  • 40-2142 Fair plan act; requirements.
  • 40-2143 Predetermination of health care benefits act; predetermination request procedures.
• Article 22.—UNIFORM POLICY PROVISIONS
  • 40-2201 Accident and sickness policy; definition.
  • 40-2202 Same; form of policy; policies issued to nonresidents.
  • 40-2203 Uniform policy provisions; rules and regulations for filing or submission of policies.
  • 40-2204 Conforming to statute; construction of policies in conflict.
  • 40-2205 Statements made in application for policy; effect.
  • 40-2206 Notice acknowledged by insurer not waiver of rights.
  • 40-2207 Age; limit; misstatement by insured.
  • 40-2208 Nonapplication to certain policies.
  • 40-2209 Group sickness and accident insurance; eligibility for coverage; open enrollment; late enrollment; special enrollment; preexisting conditions; exclusions; renewal or continuation of benefits, exceptions; factors for eligibility; participation requirements designed for groups through negotiations; provisions required in policies; disability income policies with benefits integrated with social security; continued coverage and converted policies, conditions required; excluding or restricting coverage because medicaid benefits available, prohibited; penalties.
  • 40-2209a Applicability of 1978 amendments to K.S.A. 40-1805, 40-1905 and 40-2209.
  • 40-2209b Small employer healthcare plans; citation; purpose of act.
  • 40-2209c Same; application of act; construction of K.S.A. 40-2209.
  • 40-2209d Same; definitions.
  • 40-2209e Same; plans subject to act; certain laws inapplicable to plans; individual policies not subject to act.
  • 40-2209f Same; preexisting conditions exclusion, waiver; late enrollee exclusion; underwriting and rating; waiting periods; uniform employer coverage eligibility requirements; minimum participation and contribution requirements.
  • 40-2209g Same; establishment of business classes by carrier; limitation.
  • 40-2209h Same; rating; transfer of small employer from one business class to another, limitations; suspension of business class and rate limitations.
  • 40-2209i Same; carrier sales solicitations, disclosures required.
  • 40-2209j Same; actuarial certification of underwriting and rating compliance.
  • 40-2209k, 40-2209l Repealed.
  • 40-2209m Same; marketing of coverage; prohibited activities; agents and brokers; written denial of coverage; third-party administrators; treatment of affiliated carriers.
  • 40-2209n Same; rules and regulations.
  • 40-2209o Same; violations, penalties.
  • 40-2209p Same; required coverage for all applying small employers; medical service enrollment, limitations; denial of coverage, when; definitions.
  • 40-2210 Blanket sickness and accident insurance; payments, when blanket disability income policy is integrated with social security benefits.
  • 40-2211 Workmen's compensation; insolvency of insured.
  • 40-2212 Same; notice of injury or death; jurisdiction; lien of employee; payment to employee, agent or dependents.
  • 40-2213 Prior policy, rider or endorsement.
  • 40-2214 Repealed.
  • 40-2215 Forms and premium rates, filing, duties of commissioner; procedure; rules and regulations, violations, penalties.
  • 40-2216 Purpose of act.
  • 40-2217 Definitions.
  • 40-2218 Establishment of benefit standards for accident and sickness policies or subscriber contracts; delivery or issuance of policy or contract not meeting standards prohibited, exceptions; identification of policies and contracts.
  • 40-2219 Outline of coverage to accompany policy at issuance or to be delivered at time of application; format and contents of outline.
  • 40-2220 Coverage of loss from pre-existing conditions required, when.
  • 40-2221 Medicare supplement policies; rules and regulations to establish standards; denial of coverage prohibited, when.
  • 40-2221a Same; notice required prior to termination; reinstatement.
  • 40-2221b Same; when provisions of K.S.A. 40-2221a not applicable.
  • 40-2222 Health coverage; jurisdiction of commissioner; exceptions.
  • 40-2222a Same; associations not subject to jurisdiction of commissioner to provide applicants with written notice of nature of coverage.
  • 40-2222b Healthcare coverage; premium tax, rate, computation, return and payment; exemptions.
  • 40-2223 Same; examination; subject to insurance laws.
  • 40-2224 Same; disclosure to purchaser required.
  • 40-2225 Long-term care insurance; name and citation of act.
  • 40-2226 Same; application and construction of act.
  • 40-2227 Same; definitions.
  • 40-2228 Same; rules and regulations; prohibitions; preexisting condition provisions; delivery of outline of coverage upon application required.
  • 40-2228a Long-term care policies and certificates; reinstatement of lapsed policies or certificates due to cognitive impairment or loss of functional capacity.
  • 40-2228b Same; notice of lapse or termination; designation of person in addition to applicant to receive notice, waiver; change of designation.
  • 40-2228c Same; payment of premiums through payroll or pension deduction plan; requirements under K.S.A. 40-2228b; application or enrollment form.
  • 40-2228d Same; lapse or termination of policy or certificate; requirements; notice.
  • 40-2228e Same; reinstatement, conditions.
  • 40-2228f Long-term care insurance prompt payment act; effective date.
  • 40-2228g Same; definitions.
  • 40-2228h Same; claims; procedures; rules and regulations.
  • 40-2229 Mammogram and pap smear coverage; policies to which mandated coverage applicable.
  • 40-2230 Same; when reimbursement or indemnification required; deductibles, coinsurance and other limitations permissible.
  • 40-2231 Continuing care contracts; definitions.
  • 40-2232 Same; provider's annual disclosure statement; contents; requirement to furnish.
  • 40-2233 Same; annual disclosure statement, contract and annual audit; filing with commissioner.
  • 40-2234 Same; providing form to commissioner; contents and attachments.
  • 40-2235 Same; certificate of registration, application, fee, renewal.
  • 40-2236 Repealed.
  • 40-2237 Same; change of ownership or management of provider or home.
  • 40-2238 Same; rules and regulations.
  • 40-2239 Small employer health benefit plans; definitions.
  • 40-2240 Same; establishment; assistance by commissioner.
  • 40-2241 Same; contracts with carriers; coverage options; application of K.S.A. 40-2209 and 40-2215.
  • 40-2242 Same; qualification for employer participation.
  • 40-2243 Same; employee and employer contributions; employee's enrollment in multiple options; enrollment not required, when; payroll deductions.
  • 40-2244, 40-2245 Repealed.
  • 40-2246 Same; employer income tax credit for corporations, computation of amount, reduction of deductions, election to claim, refunds; no inclusion of employer expenses in employee income; application date.
  • 40-2247 Same; exemption from insurance premium tax.
  • 40-2248 Mandated health benefits; impact report to be submitted prior to legislative consideration.
  • 40-2249 Same; contents.
  • 40-2249a Same; state employee group pilot project for new mandated health benefits.
  • 40-2250 Insurance coverage to include reimbursement for services performed by advanced practice registered nurses.
  • 40-2251 Statistical plan for recording and reporting premiums and loss and expense experience by accident and health insurers; compilation and dissemination; department of health and environment to serve as statistical agent; assessments; penalties for failure to report.
  • 40-2252 Same; rules and regulations.
  • 40-2253 Universal accident and sickness insurance claim forms, design and use; acceptance of claims by insurer; uniform electronic data interchange formats and standards.
  • 40-2254 Group accident and sickness insurance; extension of payment of benefits.
  • 40-2255 Accident and sickness insurance; closing block of business, when.
  • 40-2256 Health benefit plan.
  • 40-2257 Individual policies; renewal or continuation of coverage; exceptions; discontinuance of policy; definitions.
  • 40-2258 Group policies; mental illness, alcoholism, drug abuse or substance use disorder; limitations; exceptions; definitions.
  • 40-2259 Genetic screening or testing; prohibiting the use of; exceptions; restrictions.
  • 40-2260 Group health benefit plan option to establish premium only cafeteria plan.
  • 40-2261 Employer providing certain health insurance coverage may offer cafeteria plan; employer not restricted in providing such benefits or coverage; definitions.
  • 40-2262 Expired.
• Article 22a.—UTILIZATION REVIEW
  • 40-22a01 Utilization review organization act.
  • 40-22a02 Same; purpose.
  • 40-22a03 Same; definitions.
  • 40-22a04 Utilization review organization act; standards; rules and regulations; certificate; conditions; annual fee; suspension or revocation of certificate.
  • 40-22a05 Same; act not applicable to certain reviews and programs.
  • 40-22a06 Same; certificate not required for certain review activities; certain provisions not applicable to certain organizations.
  • 40-22a07 Same; unlawful acts; penalties; prior notification requirements, limitations on.
  • 40-22a08 Same; examination by commissioner; expenses.
  • 40-22a09 Same; written procedures for utilization review; patient information confidential.
  • 40-22a09a Same; internal review procedure.
  • 40-22a10 Same; patient information not subject to discovery or subpoena.
  • 40-22a11 Same; rules and regulations.
  • 40-22a12 Same; severability.
  • 40-22a13 External review of adverse health care decisions; definitions.
  • 40-22a14 Same; exceptions; review procedure; confidentiality.
  • 40-22a15 Same; insurance commissioner's powers and duties; external review organizations, decisions, immunity from liability; fees, responsibility for.
  • 40-22a16 Same; judicial review; limitation on duplicative reviews; contractual services; rules and regulations.
• Article 23.—OLD-AGE AND SURVIVORS INSURANCE FOR PUBLIC EMPLOYEES
  • Cross References to Related Sections:

    Supplemental retirement provisions for justices and judges, see 20-2601 et seq.

    Certain employees in cities over 120,000, see 13-1250a through 13-1250c.

    Kansas Public Employees Retirement System, see 74-4901 et seq.

  • 40-2301 Declaration of policy.
  • 40-2302 Definitions.
  • 40-2303 Agreements to extend benefits of federal system.
  • 40-2304 Contributions by state employees.
  • 40-2305 Plans for coverage of employees of political subdivisions; contributions; late penalty; recovery of delinquent payments; tax levy, use of proceeds.
  • 40-2305a Certain school employees considered employees of state; referendum; certification.
  • 40-2306 Contributions by state.
  • 40-2306a Other laws, retirement, annuity and pension plans not affected.
  • 40-2307 Repealed.
  • 40-2308 Rules and regulations.
  • 40-2309 Studies and reports.
• Article 24.—REGULATION OF CERTAIN TRADE PRACTICES
  • Cross References to Related Sections:

    Discontinuation of certain insurance business, enforcement hereunder, see 40-2,123.

    Regulation of fraudulent or abusive acts or practices under workers compensation act, see 44-5,120 et seq.

    Law Review and Bar Journal References:

    "Torts—Insurance—First Party Bad Faith—Is There an Adequate Remedy in Kansas After Spencer v. Aetna Life & Casualty Insurance Co.?" Karen S. Kressin, 29 K.L.R. 277, 285 (1981).

    "1988 Legislative Summary Part II," Ron Smith, 57 J.K.B.A. No. 7, 11, 12 (1988).

    "Kansas Automobile Insurance: Current Issues and Problems," John J. Knoll, 29 W.L.J. 600, 612 (1990).

  • 40-2401 Purpose of act.
  • 40-2402 Definitions.
  • 40-2403 Unfair methods of competition or unfair and deceptive acts or practices; prohibited.
  • 40-2404 Unfair methods of competition or unfair and deceptive acts or practices; title insurance agents, requirements; disclosure of nonpublic personal information; rules and regulations.
  • 40-2404a Rules and regulations.
  • 40-2404b Repealed.
  • 40-2404c Expired.
  • 40-2405 Repealed.
  • 40-2406 Same; hearing conducted by commissioner.
  • 40-2407 Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order.
  • 40-2408 Same; finality of order; effect.
  • 40-2409 Repealed.
  • 40-2410 Repealed.
  • 40-2411 Same; penalties for violation of cease and desist orders; hearing.
  • 40-2412 Same; provisions additional to existing law.
  • 40-2413 Same; immunity from prosecution, when.
  • 40-2414 Same; invalidity of part.
  • 40-2414a Rules and regulations to protect armed forces members from dishonest life insurance sales practices.
  • 40-2414b Short title.
  • 40-2415 Unauthorized insurer's false advertising process act; legislative declaration.
  • 40-2416 Same; definitions.
  • 40-2417 Same; notice of unlawful advertising to insurer and to supervisory official in domiciliary state.
  • 40-2418 Same; failure to comply with notice; action by commissioner.
  • 40-2419 Same; service upon unauthorized insurer.
  • 40-2420 Same; invalidity of part.
  • 40-2421 Same; citation of act.
  • 40-2422 through 40-2424 Reserved.
  • 40-2425 Personal identifier; use of social security number prohibited.
  • 40-2425a Personal identifier; use of social security number prohibited.
  • 40-2426 Personal identifier; effect of federal law.
  • 40-2427 through 40-2439 Reserved.
  • 40-2440 Kansas health care prompt payment act; citation; effective date.
  • 40-2441 Same; definitions.
  • 40-2442 Same; claims; procedures; rules and regulations; erroneous payment of claims by insurer, limitation on recovery of; audit of pharmacy records, limitations on.
• Article 25.—AUTOMOBILE CLUB SERVICES
  • 40-2501 Repealed.
  • 40-2502 Repealed.
  • 40-2503 Repealed.
  • 40-2504 Repealed.
  • 40-2505 Repealed.
  • 40-2506 Repealed.
  • 40-2507 Repealed.
  • 40-2508 Repealed.
  • 40-2509 Repealed.
  • 40-2510 Repealed.
  • 40-2511 Repealed.
  • 40-2512 Repealed.
  • 40-2513 Repealed.
• Article 26.—INSURANCE PREMIUM FINANCING
  • Cross References to Related Sections:

    Extension of credit to policyholders, see 40-282, 40-283.

    Contracts by minors for payment of insurance premiums, see 40-237.

  • 40-2601 Citation of act.
  • 40-2602 Definitions.
  • 40-2603 Act inapplicable, when.
  • 40-2604 Licensure; violation, penalty; continuation, fee; application; authority of commissioner.
  • 40-2605 Investigation by commissioner; issuance of license.
  • 40-2606 Revocation or suspension of license, grounds; hearing; other penalties.
  • 40-2607 Records required to be maintained; examination; fees and expenses; duration.
  • 40-2608 Rules and regulations.
  • 40-2609 Premium finance agreement.
  • 40-2610 Service charges; computation; maximum; refund on prepayment.
  • 40-2611 Delinquency charge.
  • 40-2612 Cancellation of insurance contracts, when; notice; duty of insurer; refund.
  • 40-2613 Agreement as secured transaction.
• Article 27.—UNIFORM UNAUTHORIZED INSURERS ACT
  • 40-2701 Purpose of act; legislative declaration.
  • 40-2702 Insurer defined; venue; certificate of authority required; exceptions; acts constituting transaction of business; effect of failure to obtain certificate.
  • 40-2703 Violation of act; action to enjoin or restrain acts; jurisdiction.
  • 40-2704 Secretary of state as process agent for unauthorized insurer; procedure; notice; service of process in other manner.
  • 40-2705 Deposit of bond or procurement of certificate by unauthorized insurer before pleading in action; continuance; setting aside service.
  • 40-2706 Definitions; enforcement of order or decision; reciprocal states; foreign decree.
  • 40-2707 Penalties.
  • 40-2708 Title of act.
  • 40-2709 Invalidity of part.
• Article 28.—TAXATION OF COMPANIES
  • Cross References to Related Sections:

    Annual fees and taxes, see 40-252.

    Exemption of insurance companies from income tax law, see 79-32,113.

    Tax credit for investment in stock of Kansas Venture Capital, Inc., see 74-8205.

  • 40-2801 Taxation of insurance companies; rate.
  • 40-2802 Same; tax in lieu of ad valorem levies.
  • 40-2803 Same; net income defined for computing tax on life insurance companies.
  • 40-2804 Same; net income for purpose of computing tax on other companies.
  • 40-2805 Same; returns and payment of tax; interest for late return.
  • 40-2806 Same; failure to file return or pay tax; interest and penalties; waiver or reduction.
  • 40-2807 Same; preservation of reports and returns; disclosure of contents unlawful, when; acceptance of employment by commissioner or employees; publication of statistics; inspection of returns by state officials; inspection of returns by federal or other state agencies.
  • 40-2808 Same; rules and regulations.
  • 40-2809 Same; disposition of revenue.
  • 40-2810 Same; political subdivisions prohibited from imposing tax.
  • 40-2811 Same; exemption of certain companies, lodges, societies and associations.
  • 40-2812 Application of K.S.A. 40-2803 and 40-2804.
  • 40-2813 Credit against tax for making certain property accessible to persons with a disability; amount; carryover.
• Article 29.—KANSAS INSURANCE GUARANTY ASSOCIATION ACT
  • Law Review and Bar Journal References:

    "Uninsured/Underinsured Motorist Insurance: A Sleeping Giant," Gerald W. Scott, 63 J.K.B.A. No. 4, 28, 34 (1994).

  • 40-2901 Purpose and construction.
  • 40-2902 Same; application.
  • 40-2903 Same; definitions.
  • 40-2904 Same; creation of nonprofit association, membership; functions.
  • 40-2905 Board of directors; selection; vacancies; expenses.
  • 40-2906 Insolvency of insurer; duties of association; powers; certificate of contribution.
  • 40-2906a Certificate of contribution as asset of insurer; offset against premium tax liability.
  • 40-2907 Same; plan of operation; rules and regulations of commissioner; compliance with plan; provisions of plan.
  • 40-2908 Same; powers and duties of commissioner.
  • 40-2909 Same; assignment of rights to association upon recovery under act; cooperation; actions against insurer; claims against insolvent insurer.
  • 40-2910 Same; claims; exhaustion of rights under policy; recovery reductions.
  • 40-2911 Same; detection and prevention of insurer insolvencies; reports and recommendations.
  • 40-2912 Same; association subject to examination and regulation by commissioner; financial report.
  • 40-2913 Same; tax exemptions.
  • 40-2914 Same; rates and premiums of policies to include amounts of assessments to association.
  • 40-2915 Same; liability of parties for actions.
  • 40-2916 Same; stay of proceedings to permit defense by association; application to set aside judgment or finding.
  • 40-2917 Termination of operation of association, when; discontinuance of payments to association; distribution of assets of company.
  • 40-2918 Same; rules and regulations.
  • 40-2919 Same; citation of act.
• Article 30.—LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
  • Law Review and Bar Journal References:

    "What Every Lawyer Needs to Know About Structured Settlements," Robert A. Laing, 52 J.K.B.A. 280, 288, 298 (1983).

  • 40-3001 Name and citation of act.
  • 40-3002 Purpose.
  • 40-3003 Persons provided coverage; policies and contracts specified.
  • 40-3004 Liberal construction.
  • 40-3005 Definitions.
  • 40-3006 Kansas life and health insurance guaranty association, creation; members; functions and powers; accounts; under supervision of commissioner and insurance laws of state; meetings or records.
  • 40-3007 Board of directors of association; selection; approval; vacancies; compensation.
  • 40-3008 Powers and duties of association; limitations of liability of association; mandatory payment of certain claims.
  • 40-3009 Assessment of member insurers to provide funds for administration of association; classes of assessment; limitations; refunds to insurers; certificates of contribution.
  • 40-3010 Plan of operation; powers of commissioner; rules and regulations; mandatory and permissive provisions of plan; reimbursement for certain payments.
  • 40-3011 Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act.
  • 40-3012 Duties of commissioner and board for the detection and prevention of insurer impairments; reports and recommendations of board to commissioner.
  • 40-3013 Liability for unpaid assessments of insureds of impaired or insolvent insurers under plan; records of negotiations made public, when; association deemed creditor, when; use of assets of impaired or insolvent insurer; equitable distribution of rights; recovery of distributions.
  • 40-3013a Statement of existence of association not to be used to induce sales; description document, delivery to policyholder; disclaimer required; notice that policy is excluded from coverage under act.
  • 40-3014 Examination and regulation by commissioner; financial report.
  • 40-3015 Association exempt from certain fees and taxes.
  • 40-3016 Certificates of contributions as assets; percentage offset; refunds, disposition.
  • 40-3017 Liabilities of parties for acts.
  • 40-3018 Stay of proceedings; actions to set aside judgments and defend suits.
• Article 31.—KANSAS AUTOMOBILE INJURY REPARATIONS ACT
  • Law Review and Bar Journal References:

    Discussed in comment concerning no-fault automobile insurance. 23 K.L.R. 141, 170 (1974).

    "Automobile Guest Statutes—The Recent Cases," James M. Armstrong, 23 K.L.R. 93, 109, (1974).

    "No-Fault Automobile Insurance," Barry W. McCormick and Lynn Franklin Taylor II, 23 K.L.R. 141 (1974).

    Cited in note on the legal effect of jury answers to special verdict questions under Kansas comparative negligence law, David E. Pierce, 16 W.L.J. 114, 123 (1976).

    "Survey of Kansas Law: Insurance," Charles H. Oldfather, Jr., 27 K.L.R. 255, 260, 262 (1979).

    "Insurance: Breach of Cooperation Clause in Automobile Liability Policies," David A. Williams, 19 W.L.J. 640, 655 (1980).

    "No Fault Automobile Insurance: An Analysis of the Kansas Automobile Injury Reparations Act," Linda L. Pfalzgraf, 20 W.L.J. 375, 376 (1981).

    "Survey of Kansas Law: Torts," 29 K.L.R. 581, 586, 587 (1981).

    "Survey of Kansas Law: Insurance Law," 29 K.L.R. 531, 541, 542, 543 (1981).

    "Torts—Interspousal Immunity in Kansas: A Vestige of a Bygone Era—Guffy v. Guffy," Catherine Hauber, 30 K.L.R. 611, 617, 622, 623, 624 (1982).

    "Insurance: Apportionment of Loss Between Conflicting Excess 'Other Insurance' Clauses in Automobile Liability Insurance," Trisha A. Thelen, 23 W.L.J. 195, 197, 205 (1983).

    "Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 329 (1984).

    "The Collateral Source Rule—The American Medical Association and Tort Reform," Banks McDowell, 24 W.L.J. 205, 211 (1985).

    "Caps, 'Crisis,' and Constitutionality—Evaluating the 1986 Kansas Medical Malpractice Legislation," Elizabeth Schartz, 35 K.L.R. 763, 808 (1987).

    "Kansas Automobile Insurance: Current Issues and Problems," John J. Knoll, 29 W.L.J. 600, 604 (1990).

    "Pitfalls on the Road to Salvation: The Kansas Saving Statute," Steven C. Day, 59 J.K.B.A. No. 8, 19, 22 (1990).

    "The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).

    CASE ANNOTATIONS

    1. 1973 and 1974 no-fault insurance acts, held not violative of state or federal constitutions. Manzanares v. Bell, 214 Kan. 589, 522 P.2d 1291.

    2. Court asked to interpret act in action for recovery of personal injury protection benefits. Bradley v. AID Insurance Co., 6 Kan. App. 2d 367, 368, 369, 629 P.2d 720 (1981).

    3. Legislative history and purpose considered; subrogation rights of insurer of medical benefits in excess of PIP minimum. Hall v. State Farm Mut. Auto. Ins. Co., 8 Kan. App. 2d 475, 478, 661 P.2d 402 (1983).

    4. Purpose of act considered; prompt payment. DiBassie v. American Standard Ins. Co. of Wisconsin, 8 Kan. App. 2d 515, 520, 661 P.2d 812 (1983).

    5. Equitable contribution independent of subrogation principles; statutorily prohibited exclusion void only to extent of minimum coverage required by law. Great West Cas. Co. v. Canal Ins. Co., 901 F.2d 1525 (1990).

  • 40-3101 Citation of act.
  • 40-3102 Purpose.
  • 40-3103 Definitions.
  • 40-3104 Motor vehicle liability insurance coverage required; prohibited vehicle operation; verification; self-insurance; display of proof of financial security; penalties for failure to maintain financial security; reinstatement fees.
  • 40-3105 Exempt vehicles.
  • 40-3106 Prohibited vehicle operation by certain nonresidents; report of violations; declaration of policy coverage by insurers; self-insurers to certify compliance.
  • 40-3107 Motor vehicle liability insurance policies; required contents; exclusions of coverage; legislative interim study.
  • 40-3108 Personal injury protection benefits; authorized exclusions.
  • 40-3109 Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage.
  • 40-3110 Same; primary status of benefits, exception; when payable; time limitation on claims; overdue payments.
  • 40-3111 Lawful charges for treatment or occupational training of injured person; action to recover overdue benefits; allowance of attorney's fee.
  • 40-3112 Rehabilitation procedures or treatment and rehabilitative occupational training or retraining.
  • 40-3113 Repealed.
  • 40-3113a Remedy against a tortfeasor, insurer or self-insurer subrogated, when; credits against future payments; limitation of actions; attorney fees.
  • 40-3114 Duty of employer, physician, hospital, clinic or medical institution to furnish information upon request of insurer or self-insurer; settlement of dispute by district court; copy of information to insured.
  • 40-3115 Mental or physical examination of injured person; written report of examination; availability of report to injured person; evidentiary effect.
  • 40-3116 Assigned claims plan; availability of personal injury protection benefits under plan; subrogation; persons excluded; powers of commissioner; participation by insurers and self-insurers required; violations, penalties.
  • 40-3117 Tort actions; conditions precedent to recovery of damages for pain and suffering.
  • 40-3118 Financial security as prerequisite to motor vehicle registration; certification of owner; documentation; termination of required insurance, notice; verification of certification; insurance company to maintain evidence on file with division, when; suspension of registration and driving privileges, hearing, reinstatement; prima facie evidence of operation of vehicle without financial security; unlawful acts; refund of unearned premium; proof of financial security by electronic means, restrictions.
  • 40-3119 Rules and regulations by commissioner.
  • 40-3120 Reasonable competition and availability of excess coverage unaffected.
  • 40-3121 Severability; K.S.A. 40-3117 declared nonseverable.
  • 40-3122 through 40-3129 Reserved.
  • 40-3130 Automobile accidents; recovery of noneconomic damages, limitations on; exceptions.
• Article 32.—HEALTH MAINTENANCE ORGANIZATIONS AND MEDICARE PROVIDER ORGANIZATIONS
  • Law Review and Bar Journal References:

    "State HMO Laws and the Theory of Limited Reformmongering," Philip C. Kissam and Ronald M. Johnson, 25 K.L.R. 21 (1976).

    "New Developments in Kansas Insurance Law," Robert H. Jerry II, 37 K.L.R. 841, 881 (1989).

  • 40-3201 Title.
  • 40-3202 Definitions.
  • 40-3203 Certificate of authority required; application; contents; rules and regulations governing modifications and amendments; approval of commissioner.
  • 40-3204 Notice that application incomplete, insufficient or unsatisfactory; issuance of certificate, when.
  • 40-3205, 40-3206 Repealed.
  • 40-3207 Denial, suspension or revocation of certificate; administrative penalty; notice; hearing.
  • 40-3208 Powers.
  • 40-3209 Certificates of coverage, contracts and other marketing documents, contents, form, filing; continuation and conversion requirements; enrollee not liable to provider for amount owed; application of K.S.A. 40-2209 and 40-2215.
  • 40-3209a Repealed.
  • 40-3210 Prepaid per capita or aggregate fixed sum contracts authorized.
  • 40-3211 Examination of organizations and providers.
  • 40-3212 Filings and reports as public documents.
  • 40-3213 Fees; disposition of moneys; reporting requirements; payment of estimated fees owed; reconciliation of actual fees owed.
  • 40-3214 Construction and relationship to other laws.
  • 40-3215 Rules and regulations.
  • 40-3216 Penalty.
  • 40-3217 Operational health maintenance organizations; issuance of certificate.
  • 40-3218 Contractual designation of persons to make recommended findings to commissioner.
  • 40-3219 Effect of act on federal assistance.
  • 40-3220 Annual report.
  • 40-3221 Liability of officers.
  • 40-3222 Use of certain words and initials prohibited.
  • 40-3223 Open enrollment.
  • 40-3224 Investments.
  • 40-3225 Fiduciary responsibilities; fidelity bond or insurance.
  • 40-3226 Confidentiality of medical information.
  • 40-3227 Deposit requirements; waiver of deposit; plan for continuation of benefits following insolvency.
  • 40-3228 Grievance procedures; minimum requirements.
  • 40-3229 Prior authorization requirements for emergency medical treatment; duties and responsibilities of organization, enrollees and participating providers; resolution of disputes.
  • 40-3230 Continuity of treatment upon termination of provider from plan.
  • 40-3231 Uncovered expenditure deposit; amount; withdrawal, when; commissioner's duties; rules and regulations.
  • 40-3232 Insolvent health maintenance organization; allocation of insureds to other health maintenance organizations, when; eligibility for Kansas uninsurable health insurance plan act, when.
  • 40-3233 Rehabilitation, liquidation or conservation of health maintenance organization; commissioner's powers; priority of enrollee; distribution of assets.
  • 40-3234 Health maintenance organization; financial condition; hearing; commissioner's powers.
  • 40-3235 Health maintenance organization act; provisions supplemental to.
  • 40-3236 Medical assistance fee fund; use and disposition of moneys credited to fund; reporting requirements.
• Article 33.—INSURANCE HOLDING COMPANIES
  • Law Review and Bar Journal References:

    "Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 348 (1984).

  • 40-3301 Declaration of public interest and policy.
  • 40-3302 Definitions.
  • 40-3302a Repealed.
  • 40-3303 Domestic insurer's acquisition of subsidiaries; authorized investments.
  • 40-3304 Transactions affecting control of domestic insurer; approval of commissioner; statement filed with commissioner, contents, filing fee; substitution of securities registration statement; disapproval of transaction, hearing; consolidated hearing and opt-out; retainer of professionals and experts to assist review; exempt transactions; violations; jurisdiction of courts; service of process.
  • 40-3305 Registration by insurers of an insurance holding company system; exceptions; registration statement, contents; information exempt from disclosure; changes in information disclosed; termination of registration; consolidated registration statements and reports; exemptions; disclaimer of affiliation; enterprise risk report, when required; violations.
  • 40-3306 Material transactions by registered insurers with affiliates; standards; reasonableness of insurer's surplus; notification of certain transactions to commissioner; extraordinary dividends and distributions.
  • 40-3307 Examination of registered insurers; powers of commissioner; expert advisers; expenses, liability of insurers; subpoenas.
  • 40-3308 Confidentiality of information and documents disclosed to or filed with commissioner.
  • 40-3309 Rules, regulations and orders of commissioner; hearings.
  • 40-3310 Enjoining violations; illegally acquired securities; effect on shareholder voting; injunctions; seizure or sequestration of illegally acquired securities; situs of ownership of domestic insurer's securities.
  • 40-3311 Violations of act; penalties.
  • 40-3311a Same; suspension, revocation or refusal to renew certificate of authority.
  • 40-3312 Repealed.
  • 40-3313 Repealed.
  • 40-3314 Repealed.
  • 40-3315 Liquidation or rehabilitation of insurer; what is recoverable by receiver.
  • 40-3316 Supervisory college; powers of commissioner.
  • 40-3317 Citation of act.
  • 40-3318 Internationally active insurance groups; group-wide supervisor; powers.
• Article 34.—HEALTH CARE PROVIDER INSURANCE
  • Cross References to Related Sections:

    Mutual insurance companies organized by associations of health care providers, see chapter 40, article 12a.

    Law Review and Bar Journal References:

    "Recent Legislation: The Kansas Approach to Medical Malpractice," Nancy Neal Scherer and Robert P. Scherer, 16 W.L.J. 395 et seq. (1977).

    "Survey of Kansas Law: Insurance," Charles H. Oldfather, Jr., 27 K.L.R. 255, 268 (1979).

    "Medical Malpractice—The Kansas Law," Wayne T. Stratton, J.D., 81 J.K.M.S. 505, 508, (1980).

    "The Kansas Perspective—Countering Frivolous Malpractice Suits," John C. Peck, J.D., and Carl C. Peck, M.D., 81 J.K.M.S. 512, 517 (1980).

    "Medical Malpractice Legislation: The Kansas Response to the Medical Malpractice Crisis," Karen Wedel and Jerome Weber, 23 W.L.J. 566, 569 (1984).

    "Medical Malpractice Legislation: Kansas," Karen D. Wedel, 85, No. 12, J.K.M.S. 344 (1984).

    "SB-646 Revisited," Homer H. Cowan, Jr., 85, No. 12, J.K.M.S. 333 (1984).

    "Practical and Constitutional Challenges to the 1985 Kansas Medical Malpractice Legislation," Edward J. Guiducci and Keith L. Mark, 25 W.L.J. 304, 305 (1986).

    "Caps, 'Crisis,' and Constitutionality—Evaluating the 1986 Kansas Medical Malpractice Legislation," Elizabeth Schartz, 35 K.L.R. 763, 772 (1987).

    "May the Health Care Stabilization Fund Settle a Claim over a Physician's Objection?" Wayne T. Stratton, 88, No. 6, Kan.Med. 201 (1987).

    "New Law Allows Exempt License," Wayne T. Stratton, 88, No. 7, Kan.Med. 232 (1987).

    "Malpractice '87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9, Kan.Med. 261, 263, 264 (1987).

    "The Medical Malpractice Insurance 'Crisis': Did Kansas Tort Reform Really Work?" Bryan W. Smith, 31 W.L.J. 106, 120, 121, 122 (1991).

    "Testing the Constitutionality of Tort Reform with a Quid Pro Quo Analysis: Is Kansas' Judicial Approach an Adequate Substitute for a More Traditional Constitutional Requirement?" Jeffrey P. DeGraffenreid, 31 W.L.J. 314, 330, 337 (1992).

    "Is K.S.A. 40-3403(d) Constitutional?" Randall E. Fisher and Paul B. Weeks, J.K.T.L.A. Vol. XVIII, No. 5, 15 (1995).

    Attorney General's Opinions:

    Kansas healing arts act; physician/employees of K.D.H.E.; exempt licensees; legal defense; tort claims act. 88-22.

  • 40-3401 Definitions.
  • 40-3402 Professional liability insurance to be maintained by health care providers as condition of active licensure to render services in state, exception, limits of coverage; information to be furnished by insurer; termination of coverage, notice; contents of policies issued in state; duties of certain insurance companies; surcharge and information required of certain health care providers; occurrence form policy as alternative to required claims made policy for certain persons.
  • 40-3403 Health care stabilization fund, establishment and administration; board of governors, membership, organization, meetings, executive director and staff and general powers and duties; duties of commissioner of insurance; liability of fund; payments from fund; qualification of health care provider for coverage under fund, termination; liability of provider for acts of other providers; university of Kansas medical center private practice foundation reserve fund, establishment, transfers from; provider coverage options, election; eligibility of psychiatric hospitals and certain inactive providers for coverage; termination of fund liability for certain providers.
  • 40-3403a Termination of fund coverage; equivalent insurance required.
  • 40-3403b Health care stabilization fund oversight committee; members, compensation and expenses; duties; legislative staff assistance; information provided for actuarial review, confidentiality, exemption from legal process.
  • 40-3404 Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge.
  • 40-3404a Repealed.
  • 40-3405 Repealed.
  • 40-3406 Investment of health care stabilization fund moneys.
  • 40-3407 Payments from fund; claim payments.
  • 40-3407a Same; expenditures irrespective of time liability incurred or judgment or settlement made.
  • 40-3408 Liability of insurer or self-insurer for injury or death arising out of act or omission of healthcare provider, limitation; fund coverage excess over liability insurance coverage; permissive exclusions from coverage.
  • 40-3409 Service upon board of governors required in action filed in state for injury or death arising out of act or omission of health care provider; time for filing; effect of failure to make service; notification of board of governors required in action filed outside of state; copy of petition involving certain health care providers forwarded to state board of healing arts; defense of action; costs; submission of certain information to board of healing arts.
  • 40-3410 Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval.
  • 40-3411 Commencement of actions upon failure to reach settlement or obtain court approval thereof on amount to be paid from fund; defense of action; attorneys' fees; obligation of provider to attend hearings and trial and give evidence.
  • 40-3412 Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages.
  • 40-3413 Apportionment of risk among insurers; preparation of plan; contents; approval or disapproval; amendment; preparation by commissioner of insurance, when; order to discontinue unfair or unreasonable activities or activities inconsistent with act; governing board, membership; commissions on insurance written under plan; prior acts liability insurance for certain providers, policy limits.
  • 40-3414 Qualification of healthcare provider or system as self-insurer; cancellation of certificate of self-insurance, grounds; payment of surcharge; Kansas soldiers' home, Kansas veterans' home and persons engaged in residency training and persons engaged in a postgraduate training program as self-insurers; health maintenance organizations and related groups; private practice foundations and faculty of university of Kansas medical center.
  • 40-3415 Consultation and assistance in maintaining compliance with act.
  • 40-3416 Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief.
  • 40-3417 Rules and regulations.
  • 40-3418 Severability of act.
  • 40-3418a Severability of act.
  • 40-3419 Title of act.
  • 40-3420 Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act.
  • 40-3421 Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions.
  • 40-3422 Appeal bond.
  • 40-3423 Annuities purchased by fund.
  • 40-3424 Fund liability for judgments or settlements against inactive healthcare providers.
  • 40-3425 Fund not liable for certain claims.
• Article 35.—MORTGAGE GUARANTY INSURANCE COMPANIES
  • 40-3501 Title of act.
  • 40-3502 Definitions.
  • 40-3503 Capital and surplus requirements.
  • 40-3504 Requirements prior to issuance of policies.
  • 40-3505 Insuring of certain risks prohibited.
  • 40-3506 Preparation of information and advertisements concerning real estate investments of financial institutions; prohibited conduct.
  • 40-3507 Investments; prohibitions.
  • 40-3508 Repealed.
  • 40-3509 Certificate of authority; eligibility for; time for compliance.
  • 40-3510 Discrimination in issuing or extending insurance prohibited; requirements on lender by insurance company authorized; examination of borrower and appraisal report required prior to writing insurance.
  • 40-3511 Issuance of insurance to lending institutions; extension of coverage to individual loans; consideration as group policies; owner-occupied, single-family dwelling, borrower not liable to company for deficiency arising from foreclosure sale.
  • 40-3512 Limitation on outstanding liability; temporary waiver.
  • 40-3513 Payments or rebates as inducements or compensation for or in connection with placement of insurance prohibited; penalties for violations.
  • 40-3514 Maintaining funds on deposit with insurance company's own insured prohibited; presumptions; other prohibited practices.
  • 40-3515 Insurance company as member of holding company system; prohibited underwriting activities as condition of certificate of authority; other proscribed activities.
  • 40-3516 Unearned premium reserve requirement.
  • 40-3517 Case basis and other loss reserves requirements.
  • 40-3518 Contingency reserve requirement; withdrawals.
  • 40-3519 Reinsurance; establishment and maintenance of reserves in appropriate proportions by insurance company and reinsurer.
  • 40-3520 Establishment of reserves in accord with law of another state where insurance company licensed.
  • 40-3521 Rules and regulations.
• Article 36.—IMPAIRED OR INSOLVENT INSURERS
  • 40-3601 Repealed.
  • 40-3602 Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application.
  • 40-3603, 40-3604 Reserved.
  • 40-3605 Citation of act.
  • 40-3606 Application of act.
  • 40-3607 Definitions.
  • 40-3608 Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county.
  • 40-3609 Same; relief granted by court upon application of receiver; limitation.
  • 40-3610 Same; persons required to cooperate with commissioner; definitions; civil and criminal penalties and supervision or revocation of licenses for failure to cooperate or obstruction or interference with commissioner.
  • 40-3611 Same; proceeding commenced prior to effective date of act.
  • 40-3612 Same; restrictions upon insurers subject to delinquency proceedings.
  • 40-3613 Same; supervision of insurer by commissioner, grounds for, determination and order of commissioner; appointment of supervisor; conditions imposed upon insurer; service of notice of hearings and orders; civil penalties for violation of supervision order; enforcement of orders by court; personal liability of persons violating orders resulting in loss.
  • 40-3614 Same; seizure of insurer; petition of commissioner; order of court; vacation of order; petition for hearing and review of order; failure to give notice to affected person.
  • 40-3615 Confidentiality of records and documents in proceedings under K.S.A. 40-3613 and 40-3614; exceptions.
  • 40-3616 Rehabilitation of insurer; application by commissioner for order of court; grounds.
  • 40-3617 Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order.
  • 40-3618 Same; appointment of special deputy, counsel, clerks and assistants; payment of costs and expenses; advisory committee; authority and responsibility of rehabilitator; illegal or improper conduct detrimental to insurer, remedies; plans for reorganization or other transformation of insurer; preparation of plan; approval or disapproval by court; implementation.
  • 40-3619 Same; litigation pending at time of entry of rehabilitation order, stay of action or proceeding; duties of court and rehabilitator; statutes of limitation and defenses of laches; rights of guaranty associations; rights of federal home loan banks.
  • 40-3620 Same; petition for liquidation of insurer, when; defense against petition, payment of costs and expenses; termination of rehabilitation, petition and order; payment of costs and expenses.
  • 40-3621 Liquidation of insurer; petition by commissioner; grounds.
  • 40-3622 Same; contents of order; authority and responsibility of liquidator; effect of filing or recording of order; rights and liabilities of parties; insolvency of insurer, findings, petition and declaration by court; accounting by liquidator; appeal from order; appeal pendency plan; order set aside on appeal.
  • 40-3623 Same; continuation of insurance policies in effect at time of order of liquidation.
  • 40-3624 Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court.
  • 40-3625 Same; authority and responsibility of liquidator; limitation.
  • 40-3626 Same; notice of liquidation order; persons and associations to whom required; publication of notice; notice to specify date before which claims must be filed; change of address of claimants; distribution of assets conclusive if notice given in accordance with section.
  • 40-3627 Same; no actions brought, maintained or further presented against insurer or liquidator after order appointing liquidator; full faith and credit given to orders of other states; intervention in action pending in another state; actions or proceedings on behalf of estate of insurer on or after liquidation; statute of limitations does not run on actions between filing and denial of petition; standing of guaranty association.
  • 40-3628 Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list.
  • 40-3629 Transfers of property and obligations incurred within one year prior to filing of petition for rehabilitation or liquidation; fraudulent transfers and obligations incurred; fraudulent transactions of insurers with reinsurers; liability of person receiving property fraudulently transferred; limitation.
  • 40-3630 Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred; limitation.
  • 40-3631 Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county; limitation on avoidance of preference.
  • 40-3632 Claims of creditors; allowance; avoidance; filing.
  • 40-3633 Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable.
  • 40-3634 Payment of reinsurance upon insolvency of ceding insurer.
  • 40-3635 Insurer determined insolvent; proposal to disburse assets; application by liquidator.
  • 40-3636 Claims; proof of claims, form and filing; late filings.
  • 40-3637 Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations.
  • 40-3638 Same; claims which may be allowed; limitations.
  • 40-3639 Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file.
  • 40-3640 Same; value of security held by secured creditor.
  • 40-3641 Claims; priority of distribution; classes established.
  • 40-3642 Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy.
  • 40-3643 Unclaimed fund; deposit in accordance with unclaimed property act.
  • 40-3644 Discharge of liquidator; orders of court.
  • 40-3645 Liquidation proceedings; reopening after termination; order of court.
  • 40-3646 Same; disposition of records; direction by court.
  • 40-3647 Receiverships; audits; filing and payment of costs.
  • 40-3648 Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation.
  • 40-3649 Same; liquidation of assets; order of court; grounds; notice; liquidator appointed in another state; petition to federal district court; payment of claims to residents.
  • 40-3650 Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims.
  • 40-3651 Same; appointment of ancillary receiver; order of court; authority of ancillary receiver.
  • 40-3652 Same; supervision or seizure proceedings, authority of commissioner.
  • 40-3653 Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims.
  • 40-3654 Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims.
  • 40-3655 Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings.
  • 40-3656 Same; proceeding in this state involving reciprocal states; order of distribution; equal priority of payment of claims from general assets; special deposit claims; secured claims.
  • 40-3657 Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions.
  • 40-3658 Severability of act.
  • 40-3659 Qualified financial contracts; procedures; duties of receiver.
• Article 37.—INSURANCE BROKERS
  • Revisor's Note:

    Later act, see 40-4901 et seq.

    Cross References to Related Sections:

    Revocation or suspension of broker's license, see 40-242.

  • 40-3701 through 40-3705 Repealed.
  • 40-3706 Repealed.
  • 40-3707 Repealed.
  • 40-3708 through 40-3710 Repealed.
  • 40-3711 Repealed.
  • 40-3712, 40-3713 Repealed.
  • 40-3714 Repealed.
• Article 37a.—REGULATION OF BROKER CONTROLLED INSURERS
  • 40-37a01 Citation of act.
  • 40-37a02 Definitions.
  • 40-37a03 Application of act; application of insurance holding company act.
  • 40-37a04 Written contract between controlling producer and controlled insurer required, minimum provisions; directors' audit committee, review of insurer's loss reserves; loss and commissions information report to commissioner; application of requirements.
  • 40-37a05 Disclosure of producer-insurer relationship to insured.
  • 40-37a06 Failure to comply with law, remedies for benefit of insurer; rights of policyholders, claimants, creditors and other third parties unaffected.
• Article 38.—REGULATION AND REGISTRATION OF ADMINISTRATORS
  • 40-3801 Regulation and registration of administrators; definitions.
  • 40-3802 Same; written agreements required; contents.
  • 40-3803 Repealed.
  • 40-3804 Same; payment to administrator of premiums or charges; effect.
  • 40-3805 Regulation and registration of administrators; maintenance of information; confidentiality of examination, audit and inspection documents and information.
  • 40-3806 Same; advertising; prior approval required.
  • 40-3807 Same; premium collection and payment of claims.
  • 40-3808 Same; compensation to administrator.
  • 40-3809 Same; written notice; disclosures.
  • 40-3810 Same; registration requirement.
  • 40-3811 Repealed.
  • 40-3812 Same; home state TPA license; fees.
  • 40-3813 Same; nonresident license; fees.
  • 40-3814 Same; annual report; fees.
  • 40-3815 Same; denial, suspension or revocation of license.
  • 40-3816 Same; delivery of materials.
  • 40-3817 Same; citation of act.
  • 40-3818 through 40-3820 Reserved.

  • PHARMACY BENEFITS MANAGER LICENSURE ACT

    40-3821 Pharmacy benefits manager licensure act; citation of act; licensure required; applicability.
  • 40-3822 Same; definitions.
  • 40-3823 Same; licensure; application; required information; fee; material changes in information; confidentiality of documents.
  • 40-3824 Same; renewal of license, application; fees.
  • 40-3825 Same; rules and regulations.
  • 40-3826 Same; statement of charges, hearing; violation; penalty.
  • 40-3827 Same; pharmacy benefits manager licensure fund.
  • 40-3828 Same; severability.
  • 40-3828a Pharmacy benefits manager licensure act; denial, revocation or limitation of license.
  • 40-3829 Pharmacy benefits managers; maximum allowable cost pricing; definitions.
  • 40-3830 Same; maximum allowable cost list requirements; frequency of updates; appeals process.
  • 40-3831 Kansas pharmacy patients fair practices act; definitions; limitations on co-payments; no gag order; applicability.
• Article 39.—CITIES AND COUNTIES, PAYMENT OF PROCEEDS OF FIRE INSURANCE POLICIES
  • 40-3901 Cities; payment of proceeds of insurance policies; procedure; release of proceeds.
  • 40-3902 Same; creating tax lien in proceeds of insurance policies.
  • 40-3903 Counties; payment of proceeds of insurance policies; procedure; release of proceeds.
  • 40-3904 Same; creating tax lien in proceeds of insurance policies.
  • 40-3905 Cities and counties; notice to commissioner and insurance companies.
  • 40-3906 Same; proof of repairing or rebuilding.
  • 40-3907 Application to all covered claims.
  • 40-3908 Cities and counties not parties to insurance contract.
  • 40-3909 Insurers immune.
  • 40-3910 Commissioner; rules and regulations.
• Article 40.—CONVERSION OF DOMESTIC MUTUAL INSURER INTO DOMESTIC STOCK INSURER
  • 40-4001 Conversion authority; review by commissioner; act to be liberally construed.
  • 40-4002 Resolution by board of directors; plan of conversion; approval by commissioner and policyholders; withdrawal or amendment of plan.
  • 40-4003 Repealed.
  • 40-4003a Plan of conversion; terms and conditions.
  • 40-4003b Same; establishment of closed block for policyholder dividends.
  • 40-4003c Continuation in force of policies; extinguishment of policyholder rights.
  • 40-4004 Consideration and approval or disapproval of plan by commissioner; hearings.
  • 40-4005 Same; meeting for approval by policyholders.
  • 40-4006 Limitation on ownership of voting stock of converted insurer; violations; remedies.
  • 40-4007 Prohibition on certain persons benefiting from assistance in conversion.
  • 40-4008 Issuance of certificate of authority as final act of conversion; conversion not to affect rights of insurer.
  • 40-4009 Directors and officers of mutual insurer, service.
  • 40-4010 Securities issued under plan exempt from securities laws.
  • 40-4011 Actions challenging validity of conversion; security required.
  • 40-4012 Rules and regulations.
  • 40-4013 Commissioner to charge insurer for expenses.
  • 40-4014 Filing amended articles of incorporation with secretary of state.
• Article 41.—RISK RETENTION AND PURCHASING GROUPS
  • 40-4101 Definitions.
  • 40-4102 Kansas charter; must be licensed insurance company; submission of plan of operation or feasibility study; information required to be provided to national association of insurance commissioners.
  • 40-4103 Requirements of risk retention groups chartered in foreign states; examination by commissioner, when; compliance with order in voluntary dissolution or delinquency proceeding; domestic or foreign chartered groups; taxation; other insurance laws applicable; disclaimer required on policies; prohibited acts.
  • 40-4104 through 40-4107 Repealed.
  • 40-4108 Risk retention group prohibited from joining insolvency guaranty fund.
  • 40-4109 Policy issued to risk retention group not required to be countersigned.
  • 40-4110 through 40-4112 Repealed.
  • 40-4113 Repealed.
  • 40-4114 Rules and regulations.
  • 40-4115 Purchasing groups satisfying criteria of federal law exempt from certain state laws; insurers doing business with purchasing groups exempt from certain state laws.
  • 40-4116 Requirements of purchasing group doing business in state; consent to service of process on commissioner of insurance; provisions not applicable to certain purchasing groups.
  • 40-4117 Purchase of insurance through surplus lines agent or broker required, when.
  • 40-4118 Federal preemption of commissioner's powers; injunctive authority restricted.
  • 40-4119 Agents and brokers for risk retention groups; licensure.
  • 40-4120 Order of United States district court enjoining risk retention group from doing business enforceable in state courts.
• Article 42.—PREPAID LEGAL AND DENTAL SERVICE PLANS
  • 40-4201 Definitions.
  • 40-4202 Plan required to enter agreements with providers and members; provider agreement, retention and guarantee of services; membership agreement, terms.
  • 40-4203 Repealed.
  • 40-4204 Utilization of services; payment of provider; right of provider not limited.
  • 40-4205 Books and records, maintenance; examination; confidentiality.
  • 40-4206 Use of provider's name in advertising.
  • 40-4207 Membership fees; fiduciary responsibility of plan; deposit in bank account; records.
  • 40-4208 Basis of compensation paid to plan.
  • 40-4209 Certificate of registration; application; filing fee; issuance or continuation, when.
  • 40-4210 Repealed.
  • 40-4211 Deposit of securities with commissioner to guarantee performance; surety bond or irrevocable letter of credit in lieu of securities deposit.
• Article 43.—CAPTIVE INSURANCE COMPANIES
  • 40-4301 Definitions.
  • 40-4302 Certificate of authority to provide insurance coverage; certain risks not authorized to be covered; requirements for doing business; documents and information required to be filed with commissioner; examination and registration fees; issuance of certificate of authority; privacy protections in court proceedings.
  • 40-4303 Name of company; exceptions.
  • 40-4304 Capital requirements.
  • 40-4305 Repealed.
  • 40-4306 Incorporation of companies; incorporators, number and residency requirements; petition of commissioner for issuance of certificate that company promotes welfare of state; certificate and articles of incorporation to be filed with secretary of state; organization fee; capital stock requirements; board of directors, residency requirements; application of general corporation code.
  • 40-4307 Annual report of financial condition.
  • 40-4308 Examination of companies; report; orders; confidentiality.
  • 40-4309 Suspension or revocation of certificate of authority; grounds.
  • 40-4310 Investments; restrictions and limitations.
  • 40-4311 Reinsurance authority; requirements and limitation; credit for reserves on risks ceded.
  • 40-4312 No requirement to join rating organization.
  • 40-4313 Companies prohibited from joining or benefiting from insolvency guarantee funds; notice.
  • 40-4314 Taxation.
  • 40-4315 Statutes regulating trade practices applicable to certain insurance provided by captive insurance companies.
  • 40-4316 Repealed.
  • 40-4317 Rules and regulations; exemptions.
  • 40-4318 General insurance statutes not applicable unless specifically referenced in act; K.S.A. 40-2209 and 40-2215 applicable.
  • 40-4319 Captive insurance companies; pure captive insurance companies; rules and regulations, authority of commissioner.
  • 40-4320 Same; actions requiring prior approval of commissioner.
  • 40-4321 Same; books and records; maintenance requirements.
  • 40-4322 Same; fund established.
  • 40-4323 Same; dormant captive insurance companies; certification of; renewal.
  • 40-4324 Same; notification of material change required.
  • 40-4325 Branch captive insurance companies; establishment.
  • 40-4326 Same; definitions.
  • 40-4327 Same; capital requirements; exemptions.
  • 40-4328 Same; certification of general good required.
  • 40-4329 Same; annual report.
  • 40-4330 Same; examinations; confidentiality.
  • 40-4331 Same; taxation.
  • 40-4332 Special purpose insurance captives; definitions.
  • 40-4333 Same; applicable law.
  • 40-4334 Same; certification required; requirements.
  • 40-4335 Same; plan of operation.
  • 40-4336 Same; commissioner's findings to approve application.
  • 40-4337 Same; incorporation of companies.
  • 40-4338 Same; miscellaneous requirements.
  • 40-4339 Same; contracts.
  • 40-4340 Same; issuance of securities.
  • 40-4341 Same; asset management.
  • 40-4342 Same; admitted assets.
  • 40-4343 Same; prohibited activities.
  • 40-4344 Same; dividends and distributions; limitations.
  • 40-4345 Same; plan of operation; changes.
  • 40-4346 Same; affiliated agreements.
  • 40-4347 Same; annual report.
  • 40-4348 Same; examinations; reports.
  • 40-4349 Same; taxation.
  • 40-4350 Special purpose insurance captives; confidentiality.
  • 40-4351 Same; conservation, rehabilitation or liquidation, grounds for.
  • 40-4352 Same; rules and regulations.
  • 40-4353 Captive insurance act; citation.
  • 40-4354 Technology-enabled fiduciary financial institution insurance company; powers and duties; types of insurance authorized; naming requirements; payment-in-kind policies; policy provisions.
• Article 44.—KANSAS HEALTHY KIDS PROGRAM
  • 40-4401, 40-4402 Repealed.
  • 40-4403 Repealed.
  • 40-4404 Repealed.
  • 40-4405, 40-4406 Repealed.
  • 40-4407 Repealed.
  • 40-4408 Transfer of moneys in healthy kids trust fund to state general fund; healthy kids trust fund abolished.
• Article 45.—REGULATION OF REINSURANCE INTERMEDIARIES
  • 40-4501 Citation of act.
  • 40-4502 Definitions.
  • 40-4503 Licensure of reinsurance brokers, managers and intermediaries, application fee; nonresidents, designation of agent for service of process; refund of commissioner to issue license; exemption for attorneys.
  • 40-4504 Contracts between reinsurance brokers and insurers; written authorization required, contents.
  • 40-4505 Same; records to be maintained by reinsurance broker; rights of insurer to access, copy and audit records.
  • 40-4506 Same; conditions; broker to provide insurer annual statement of financial condition.
  • 40-4507 Contracts between reinsurance managers and reinsurers; writing and commissioner's approval required; contents.
  • 40-4508 Same; reinsurance managers precluded from taking certain actions.
  • 40-4509 Same; conditions; manager to provide reinsurer annual statement of financial condition; actuarial opinion on adequacy of loss reserves; authority over retrocessional contracts and syndicate participation; notice of contract termination to commissioner; reinsurance manager, officers, directors, employees, controlling shareholders and subproducers ineligible for appointment to reinsurer board.
  • 40-4510 Examination; access to books, bank accounts and records.
  • 40-4511 Repealed.
  • 40-4512 Rules and regulations.
  • 40-4513 Continuation of existing contracts.
• Article 46.—MANAGED CARE
  • Cross References to Related Sections:

    Insurance coverage for children, see chapter 38, article 20.

  • 40-4601 Patient protection act; citation.
  • 40-4602 Same; definitions.
  • 40-4603 Same; emergency services, prohibitions on health care plan; prior authorization after condition stabilized; post evaluation or post stabilization services.
  • 40-4604 Same; medically appropriate health care information; advocating on behalf of insured.
  • 40-4605 Same; arrangements which serve as inducement to reduce or limit delivery of medically necessary services prohibited; capitation payments or other risk sharing provisions not considered inducements.
  • 40-4606 Same; health insurer required to inform in writing current and prospective insureds of availability of certain information.
  • 40-4607 Same; provider network required to be sufficient to ensure covered services accessible without unreasonable delay; determination of sufficiency of provider network; plan to provide for referral of insured to specialists under certain conditions; exceptions to requirements.
  • 40-4608 Same; rules and regulations.
  • 40-4609 Same; gynecological care.
  • 40-4610 through 40-4620 Reserved.
  • 40-4621 Uniform prescription drug information card act; name of act.
  • 40-4622 Same; definitions.
  • 40-4623 Same; required information on card; use of social security number as cardholder identification number prohibited; issuance of card.
  • 40-4624 Same; usage of prescription drug information card.
  • 40-4625 Same; application of act; rules and regulations.
  • 40-4626 Same; powers of commissioner.
• Article 47.—KANSAS BUSINESS HEALTH PARTNERSHIP
  • Cross References to Related Sections:

    Administration of Kansas business health partnership act transferred to the Kansas health policy authority, see 75-7421.

  • 40-4701 Kansas business health partnership act; definitions.
  • 40-4702 Same; Kansas business health policy committee; membership; organization; powers and duties.
  • 40-4703 Same; health partnership; organization.
  • 40-4704 Same; health partnership; duties.
  • 40-4705 Same; health committee; subsidies for coverage.
  • 40-4706 Same; division of health care finance of the department of health and environment; duties.
  • 40-4707 Same; citation of act.
• Article 48.—AMUSEMENT RIDES
  • 40-4801 Amusement ride insurance act; definitions.
  • 40-4802 Same; financial responsibility requirements.
  • 40-4803 Same; local government, insurance and safety standards.
  • 40-4804 Same; citation of act; effective date.
• Article 49.—UNIFORM INSURANCE AGENTS LICENSING ACT
  • 40-4901 Uniform insurance agents licensing act; citation; applicability.
  • 40-4902 Same; definitions.
  • 40-4903 Insurance agent license; lines of authority; license requirements; renewal requirements, penalties; fees.
  • 40-4904 Same; license; exemptions.
  • 40-4905 Insurance agent license required; application; fingerprinting and criminal history background check; powers of commissioner; hearing.
  • 40-4906 Nonresident agent license; requirements.
  • 40-4907 Same; temporary license; when authorized; powers of commissioner.
  • 40-4908 Same; waiver of examinations.
  • 40-4909 Uniform insurance agents licensing act; suspension, denial of, revocation or refusal to renew license; grounds; hearing; powers of commissioner.
  • 40-4910 Same; commissions, service fees or brokerage fees prohibited; exceptions.
  • 40-4911 Same; agents receipt of compensation.
  • 40-4912 Same; appointment of agents.
  • 40-4913 Same; termination of agent; notification of commissioner; records; maintenance of and availability to commissioner; sharing; conditions.
  • 40-4914 Same; waiver of conditions for nonresident insurance agent license; conditions.
  • 40-4915 Same; insurance agent license; renewal; penalty for nonrenewal.
  • 40-4916 Same; rules and regulations.
  • 40-4917 Same; disposition of moneys.
  • 40-4918 Same; contracts; acquisition of services.
• Article 50.—VIATICAL SETTLEMENTS
  • 40-5001 Viatical settlements act of 2002; citation.
  • 40-5002 Same; definitions.
  • 40-5003 Same; license applications, renewal, fee, information required, powers of commissioner.
  • 40-5004 Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner.
  • 40-5005 Same; approval of forms.
  • 40-5006 Same; annual statements of licensee; identity of viator confidential; exceptions.
  • 40-5007 Repealed.
  • 40-5007a Same; examinations; record keeping requirements; powers of commissioner.
  • 40-5008 Same; required disclosures.
  • 40-5009 Repealed.
  • 40-5009a Same; viatical settlement contract; required documents; confidentiality of medical information; viator's rights; payment of proceeds; contacts with viator; limitations.
  • 40-5010 Same; two year prohibition on entering into viatical settlement; exceptions.
  • 40-5011 Same; requirements on advertising.
  • 40-5012 Repealed.
  • 40-5012a Same; violations; required notice provisions; notification of commissioner; availability of records to commissioner; sharing of records; conditions.
  • 40-5013 Same; penalties.
  • 40-5014 Same; violation of act also unfair or deceptive trade practice.
  • 40-5015 Same; rules and regulations.
  • 40-5016 Same; continuation of preexisting viatical settlement business.
• Article 51.—INSURANCE SCORE ACT
  • 40-5101 Citation of act.
  • 40-5102 Applicability of act.
  • 40-5103 Definitions.
  • 40-5104 Prohibited acts.
  • 40-5105 Re-underwriting or re-rating consumer, when; overpayment of premium.
  • 40-5106 Disclosure requirements.
  • 40-5107 Adverse action; notice to consumer, contents.
  • 40-5108 Insurance score models, filing required; trade secret.
  • 40-5109 Studies; report to legislature.
  • 40-5110 Indemnification, when required.
  • 40-5111 Prohibition against use of certain information; exceptions.
  • 40-5112 Powers of commissioner.
  • 40-5113 Rules and regulations.
  • 40-5114 Severability.
  • 40-5115 Credit information; use by insurers; extraordinary life circumstances; limitations.
• Article 52.—ASSUMPTION REINSURANCE AGREEMENTS
  • 40-5201 Assumption reinsurance agreement act; applicability; waiver of requirements, when allowed; exceptions.
  • 40-5202 Same; definitions.
  • 40-5203 Same; notice to policyholders; contents.
  • 40-5204 Same; prior approval by commissioner required; duties of licensed foreign insurer.
  • 40-5205 Same; rights of policyholders.
  • 40-5206 Same; novation of insurance contract, when.
  • 40-5207 Same; effect of similar law in another state.
  • 40-5208 Same; continuation of certain protections.
  • 40-5209 Same; required forms; contents.
  • 40-5210 Same; citation of act; duties of commissioner; rules and regulations.
• Article 53.—INTERSTATE INSURANCE COMPACTS
  • 40-5301 Interstate insurance product regulation compact.
  • 40-5302 Same; representative.
  • 40-5303 Same; alternate representative.
• Article 54.—CONTROLLED INSURANCE PROGRAMS ACT
  • 40-5401 Short title.
  • 40-5402 Definitions.
  • 40-5403 Rules and regulations; requirements.
  • 40-5404 Additional rules and regulations.
  • 40-5405 Adoption date for rules and regulations.
• Article 55.—PUBLIC ADJUSTERS LICENSING ACT
  • 40-5501 Short title.
  • 40-5502 Definitions.
  • 40-5503 License required; limitations; exceptions.
  • 40-5504 Application for license.
  • 40-5505 Requirements for licensure.
  • 40-5506 Examination; retaking examination; when.
  • 40-5507 Pre-licensing examination not required; when.
  • 40-5508 Nonresident public adjuster license, when; requirements.
  • 40-5509 Issuance of license; fee; renewal.
  • 40-5510 Suspension, revocation or nonrenewal of license; penalties.
  • 40-5511 Evidence of financial responsibility.
  • 40-5512 Continuing education requirements.
  • 40-5513 Allowable compensation for adjuster; prohibitions.
  • 40-5514 Contracts for services; requirements; disclosures; prohibitions.
  • 40-5515 Records of transactions.
  • 40-5516 Adjuster requirements; ethical requirements.
  • 40-5517 Reports of legal actions against adjuster.
  • 40-5518 Rules and regulations.
  • 40-5519 Same; severability.
• Article 56.—PORTABLE ELECTRONICS INSURANCE ACT
  • 40-5601 Citation of act.
  • 40-5602 Definitions.
  • 40-5603 License required.
  • 40-5604 Disclosures required.
  • 40-5605 Vendor requirements; training; charges for insurance.
  • 40-5606 Violations; penalties.
  • 40-5607 Policy changes; when allowed; notice requirements; return of unearned premiums.
  • 40-5608 Severability clause.
  • 40-5609 Rules and regulations.
• Article 57.—SURPLUS LINES INSURANCE MULTI-STATE COMPLIANCE COMPACT
  • 40-5701 Repealed.
  • 40-5702 Repealed.
  • 40-5703 Repealed.
• Article 58.—ELECTRONIC NOTICES AND DOCUMENTS
  • 40-5801 Electronic notice and document act; citation.
  • 40-5802 Same; consent required to send electronic notices and documents, exceptions.
  • 40-5803 Same; definitions.
  • 40-5804 Same; electronic delivery of notice or document; requirements; consent; withdrawal of consent; accessibility; exemption for certain mutual insurance companies, exceptions.
• Article 59.—VISION CARE SERVICES ACT
  • 40-5901 Vision care services act; prohibited contract provisions.
  • 40-5902 Same; limitation on charges for services and materials.
  • 40-5903 Same; changes in terms; limitations.
  • 40-5904 Same; use of discount card.
  • 40-5905 Same; definitions.
  • 40-5906 Citation of act; administration of act.
• Article 60.—THE RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT ACT
  • 40-6001 Risk management and own risk and solvency assessment act.
  • 40-6002 Same; definitions.
  • 40-6003 Same; risk management framework required.
  • 40-6004 Same; annual assessment required.
  • 40-6005 Same; reporting.
  • 40-6006 Same; exemptions.
  • 40-6007 Same; confidentiality.
  • 40-6008 Same; penalty.
  • 40-6009 Same; severability.
  • 40-6010 Same; filing first report.
  • 40-6011 Repealed.