There is a newer version of the Kansas Statutes
2009 Kansas Code
Chapter 40 INSURANCE
Article 36 IMPAIRED OR INSOLVENT INSURERS
- 40-3601
- 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.
- 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 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.
- 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.
- 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.
- 40-3630. Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred.
- 40-3631. Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county.
- 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.
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