There Is a Newer Version of the Kansas Statutes
2012 Kansas Statutes
Chapter 40 INSURANCE
Article 2 GENERAL PROVISIONS
- Section 40-201 Insurance company defined.
- Section 40-201a Service contract; exempt from regulation.
- Section 40-202 Code inapplicable to certain lodges, societies, persons and associations.
- Section 40-203 Name of company or society; submission of name to commissioner.
- Section 40-204 Unlawful to offer stock for sale without permit from commissioner; void shares, when.
- Section 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.
- Section 40-205a Application for license to sell stock of insurance company or health maintenance organization, fee.
- Section 40-205b Denial of application to sell stock as agent; hearing.
- Section 40-205c Revocation of agent's license; hearing.
- Section 40-205d Appeal of commission's decision.
- Section 40-205e Penalty.
- Section 40-207 Secretary and certain officers to give bond.
- Section 40-208 Examination by commissioner before issuance of certificate.
- Section 40-209 Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.
- Section 40-209b Same; act supplemental.
- Section 40-210 Foreign companies outside United States; permission to transact business; assets; condition.
- Section 40-211 Amount of deposit of foreign company outside United States.
- Section 40-212 Credit for reinsured risks.
- Section 40-213 Unlawful transfer of premium notes.
- Section 40-214 Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.
- Section 40-215 Duration of licenses and certificates.
- Section 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.
- Section 40-217 Contents of policies of foreign company.
- Section 40-218 Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.
- Section 40-219 Failure of company to pay judgment.
- Section 40-220 Action against insurance company to be brought in this state; injunction.
- Section 40-221a Reinsurance of risks of and by Kansas companies.
- Section 40-222 Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.
- Section 40-222a Examination of corporations organizing domestic insurance companies.
- Section 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.
- Section 40-222c Same; insurance company defined.
- Section 40-222d Same; company deemed to be in hazardous financial condition, when.
- Section 40-222e Same; suspension, revocation or refusal to renew certificate.
- Section 40-222f Examination of condition of company; definitions.
- Section 40-223 Fees for examinations; compensation and expenses for examiners.
- Section 40-223a Insurance company annual statement examination fund established; purpose.
- Section 40-223b Same; compensation and expenses of examiners.
- Section 40-223c Same; duties of commissioner; warrants of director of accounts and reports.
- Section 40-223d Same; insufficiency of fund; transfer from general fund, limitation; files.
- Section 40-223e Training insurance company examiners; establishment of revolving fund for financing training.
- Section 40-223f Same; compensation and expenses of persons receiving training.
- Section 40-223g Same; payments from revolving fund.
- Section 40-223h Property and casualty actuarial opinion letter law; citation of act.
- Section 40-223i Same; actuarial opinion, contents; procedure.
- Section 40-223j Same; authority of commissioner; rules and regulations.
- Section 40-224 When disbursements to be made only on voucher or affidavit.
- Section 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.
- Section 40-229 Valuation of securities.
- Section 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.
- Section 40-230a Deposit of securities purchased from sale of stock during organization period.
- Section 40-231 Dealing in goods, wares and merchandise prohibited; exceptions.
- Section 40-232 Sale of stock with insurance.
- Section 40-233 Dividends, interest or bonus; payment from earned surplus.
- Section 40-234 Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.
- Section 40-234a Reserves required for accident and health policies; unearned premium reserves.
- Section 40-234b Unearned premium reserves required for domestic title insurance companies.
- Section 40-234c Unearned premium reserves required of foreign title insurance company.
- Section 40-235 Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.
- Section 40-236 Statements made with intent to injure company.
- Section 40-237 Contracts and promissory notes by minors.
- Section 40-238 Resident general agents of foreign companies.
- Section 40-239 Definition; insurance agent.
- Section 40-240g Rules and regulations.
- Section 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.
- Section 40-241h Waiver of examination in certain cases.
- Section 40-241j Annual report of agents contracted with and payment of certification fees; audit.
- Section 40-241k Rules and regulations; establishing fees for agents.
- Section 40-244 Representations without complying with code.
- Section 40-246a Penalties for violating 40-246; hearings.
- Section 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.
- Section 40-246c Excess coverage license to effect insurance or reinsurance in nonadmitted companies; accounting of gross premiums and tax thereon; penalty.
- Section 40-246d Same; revocation or suspension of license, when.
- Section 40-246e List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.
- Section 40-247 Insurance agent or broker failing to pay premium to company; penalty.
- Section 40-248 Discontinuance of business.
- Section 40-249 Policies to be issued within two years.
- Section 40-250 Companies subject to act.
- Section 40-251 Insurance commissioner; legal representation; judicial review of actions.
- Section 40-252 Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.
- Section 40-252a Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.
- Section 40-252b Fees, charges and taxes under 40-252; in lieu of all other license fees and taxes; exceptions.
- Section 40-252c Same; credits; definitions.
- Section 40-252d Credit against premium tax for salaries paid to Kansas employees.
- Section 40-252e Small insurance company credit against premium tax.
- Section 40-252f Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.
- Section 40-252g Same; expiration of act.
- Section 40-253 Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.
- Section 40-253a Payment of fees and taxes in other states by Kansas companies; retaliatory measures; effect of certain tax credits.
- Section 40-254 Violations of act; penalty.
- Section 40-256 Attorney fees in actions on insurance policies; exception.
- Section 40-257 Invalidity of code of 1927.
- Section 40-258 Actions to recover death benefits based on certain policies; distribution.
- Section 40-259 Continuity of management of domestic companies in national emergency; declaration of purpose.
- Section 40-260 Same; adoption of emergency bylaws; effect.
- Section 40-261 Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.
- Section 40-262 Same; succession national emergency lists; basis; conditions.
- Section 40-263 Same; home or principal office; alternate locations.
- Section 40-264 Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.
- Section 40-265 Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.
- Section 40-266 Unlawful acts in connection with sale of equity securities.
- Section 40-267 Provisions of 40-265, 40-266 inapplicable to certain sales; rules and regulations.
- Section 40-268 Provisions of 40-264 to 40-266 inapplicable to arbitrage transactions; exception.
- Section 40-269 Equity security defined.
- Section 40-270 Provisions of 40-264 to 40-266 inapplicable to equity securities of domestic companies, when.
- Section 40-271 Rules and regulations by commissioner.
- Section 40-272 Regulations regarding proxies, consents or authorization concerning securities of domestic companies.
- Section 40-273 Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.
- Section 40-274 Same; solicitation; countersignature requirements.
- Section 40-275 Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.
- Section 40-276 Cancellation of automobile liability insurance; definitions.
- Section 40-276a Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.
- Section 40-277 Automobile liability insurance policies; limitations on policy conditions for cancellation.
- Section 40-278 Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.
- Section 40-281 Hearings by commissioner on any matter relating to insurance; procedure; subpoena.
- Section 40-282 Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.
- Section 40-283 Same; interest not subject to certain provisions.
- Section 40-283a Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.
- Section 40-284 Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.
- Section 40-285 Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.
- Section 40-286 Same; extent of insurer's insolvency protection.
- Section 40-287 Same; subrogation rights.
- Section 40-288 Same; provisions of article 22 of chapter 40 not required.
- Section 40-293a Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.
- Section 40-295 Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.
- Section 40-296 Same; offer of insurance by one of group of affiliated insurors, effect.
- Section 40-297 Same; group of affiliated insurors defined.
- Section 40-298 Sale of insurance in connection with sale and financing of automobile; definitions.
- Section 40-299 Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.
- Section 40-2,100 Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.
- Section 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.
- Section 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.
- Section 40-2,103 Application of designated statutes.
- Section 40-2,104 Insurance coverage to include reimbursement for services performed by licensed psychologist.
- Section 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.
- Section 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.
- Section 40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.
- Section 40-2,105c Same; exemption.
- Section 40-2,105d Citation of act.
- Section 40-2,106 Definitions.
- Section 40-2,107 Minimum notice requirements for cancellation of insurance agency contract by insurance company.
- Section 40-2,108 Same; rules and regulations by commissioner.
- Section 40-2,109 Mental or physical handicaps; rate discrimination prohibited; enforcement.
- Section 40-2,110 Reporting fire losses; rules and regulations; report forms.
- Section 40-2,111 Definitions.
- Section 40-2,112 Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.
- Section 40-2,113 Nonliability for information relating to adverse underwriting decision.
- Section 40-2,114 Insurance coverage to include reimbursement for services performed by licensed specialist social worker.
- Section 40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.
- Section 40-2,116 Definitions.
- Section 40-2,117 Provision of health services by professional provider; allowable charges.
- Section 40-2,118 Fraudulent insurance act defined; penalty; notification of commissioner, when; antifraud plan.
- Section 40-2,118a Fraudulent insurance act defined; penalty; notification of commissioner, when; antifraud plan.
- Section 40-2,119 Same; immunity from civil liability for certain persons.
- Section 40-2,120 Business or professional property or casualty insurance; cancellation, when.
- Section 40-2,121 Same; nonrenewal; notice required.
- Section 40-2,122 Cancellation or nonrenewal of policy; written explanation required.
- Section 40-2,123 Insurers authorized to discontinue certain business in state, when; enforcement.
- Section 40-2,124 Certain property and casualty rate filings not affected by certain rate regulation statutes.
- Section 40-2,125 Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.
- Section 40-2,126 Interest due on insurance settlements, when.
- Section 40-2,127 Same; application to multiple payments.
- Section 40-2,128 Same; rules and regulations.
- Section 40-2,129 Managing general agents; title of act.
- Section 40-2,130 Managing general agents; definitions.
- Section 40-2,131 Same; licensure requirements; bond.
- Section 40-2,132 Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.
- Section 40-2,133 Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.
- Section 40-2,134 Same; acts deemed to be acts of insurer; examination.
- Section 40-2,135 Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.
- Section 40-2,136 Same; rules and regulations.
- Section 40-2,137 Assessment of costs of certain administrative hearings, guidelines, procedure.
- Section 40-2,138 Investments by insurance companies governed by state law notwithstanding federal preemption.
- Section 40-2,153 Insurance coverage to allow choice of pharmacy providers.
- Section 40-2,154 Medicaid eligibility and coverage; prohibitions.
- Section 40-2,155 Motor vehicle glass replacement; prohibitions; rights of the insured.
- Section 40-2,156 Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.
- Section 40-2,156a Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements.
- Section 40-2,157 Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.
- Section 40-2,159 Reports on a nonconsolidated basis; exception.
- Section 40-2,160 Coverage for minimum inpatient care following birth of child.
- Section 40-2,161 Coverage for children in the custody of the commissioner of juvenile justice.
- Section 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.
- Section 40-2,163 Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.
- Section 40-2,164 Coverage of prostate cancer screening.
- Section 40-2,165 Coverage of general anesthesia in conjunction with dental care for certain individuals.
- Section 40-2,166 Coverage of reconstructive breast surgery.
- Section 40-2,166a Coverage for osteoporosis.
- Section 40-2,167 Off-label use of prescription drugs; definitions.
- Section 40-2,168 Same; coverage for cancer treatment; exclusion from coverage prohibited.
- Section 40-2,169 Same; commissioner of insurance, powers.
- Section 40-2,170 Same; coverage not affected, when.
- Section 40-2,184 Coverage for orally administered anticancer medication.
- Section 40-2,185 Dental health insurance; fee setting provision, limitation on.
- Section 40-2,186 Same; definitions.
- Section 40-2,190 Abortion coverage; separate coverage; when required.
- Section 40-2,191 Abortion coverage; severability clause.
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