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2009 Kansas Code
Chapter 40 INSURANCE
Article 2 GENERAL PROVISIONS

40-201. Insurance company defined.
40-201a. Service contract; exempt 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
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
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
40-221a. Reinsurance of risks of and by Kansas companies.
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
40-227
40-227a
40-228
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 signatures not recognized; inspection of securities on deposit; no liability of state or officers or employees for default of institution; deposit of real estate; audit of deposits with commissioner; title to assets; redeposit with clearing corporation; security and safety of deposits, rules and regulations.
40-230
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
40-240a
40-240b
40-240c, 40-240d
40-240e
40-240f
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
40-241b
40-241c
40-241d
40-241e
40-241f
40-241g
40-241h. Waiver of examination in certain cases.
40-241i
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
40-243
40-244. Representations without complying with code.
40-245
40-246
40-246a. Penalties for violating 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 to effect insurance or reinsurance in nonadmitted companies; 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
40-247. Insurance agent or broker failing to pay premium to company; penalty.
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 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. Payment of fees and taxes in other states by Kansas companies; retaliatory measures; effect of certain tax credits.
40-254. Violations of act; penalty.
40-255
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 40-265, 40-266 inapplicable to certain sales; rules and regulations.
40-268. Provisions of 40-264 to 40-266 inapplicable to arbitrage transactions; exception.
40-269. Equity security defined.
40-270. Provisions of 40-264 to 40-266 inapplicable to equity securities of domestic companies, when.
40-271. Rules and regulations by commissioner.
40-272. Regulations regarding 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. Automobile liability insurance policies; 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
40-281. Hearings by commissioner on any matter relating to insurance; procedure; subpoena.
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 to 40-293
40-293a. Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.
40-294
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; penalty; notification of commissioner, when; antifraud plan.
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. Managing general agents; 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
40-2,140 to 40-2,152
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
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
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 to 40-2,183

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2009 Kansas Code Chapter 40 INSURANCE Article 2 GENERAL PROVISIONS

2009 Kansas Code
Chapter 40 INSURANCE
Article 2 GENERAL PROVISIONS