There Is a Newer Version of the Kansas Statutes
2012 Kansas Statutes
Chapter 40 INSURANCE
Article 36 IMPAIRED OR INSOLVENT INSURERS
- Section 40-3602 Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application.
- Section 40-3605 Citation of act.
- Section 40-3606 Application of act.
- Section 40-3607 Definitions.
- Section 40-3608 Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county.
- Section 40-3609 Same; relief granted by court upon application of receiver.
- Section 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.
- Section 40-3611 Same; proceeding commenced prior to effective date of act.
- Section 40-3612 Same; restrictions upon insurers subject to delinquency proceedings.
- Section 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.
- Section 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.
- Section 40-3615 Confidentiality of records and documents in proceedings under 40-3613 and 40-3614; exceptions.
- Section 40-3616 Rehabilitation of insurer; application by commissioner for order of court; grounds.
- Section 40-3617 Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order.
- Section 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.
- Section 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.
- Section 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.
- Section 40-3621 Liquidation of insurer; petition by commissioner; grounds.
- Section 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.
- Section 40-3623 Same; continuation of insurance policies in effect at time of order of liquidation.
- Section 40-3624 Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court.
- Section 40-3625 Same; authority and responsibility of liquidator.
- Section 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.
- 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.
- Section 40-3628 Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list.
- Section 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.
- Section 40-3630 Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred.
- Section 40-3631 Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county.
- Section 40-3632 Claims of creditors; allowance; avoidance; filing.
- Section 40-3633 Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable.
- Section 40-3634 Payment of reinsurance upon insolvency of ceding insurer.
- Section 40-3635 Insurer determined insolvent; proposal to disburse assets; application by liquidator.
- Section 40-3636 Claims; proof of claims, form and filing; late filings.
- Section 40-3637 Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations.
- Section 40-3638 Same; claims which may be allowed; limitations.
- Section 40-3639 Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file.
- Section 40-3640 Same; value of security held by secured creditor.
- Section 40-3641 Claims; priority of distribution; classes established.
- Section 40-3642 Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy.
- Section 40-3643 Unclaimed fund; deposit in accordance with unclaimed property act.
- Section 40-3644 Discharge of liquidator; orders of court.
- Section 40-3645 Liquidation proceedings; reopening after termination; order of court.
- Section 40-3646 Same; disposition of records; direction by court.
- Section 40-3647 Receiverships; audits; filing and payment of costs.
- Section 40-3648 Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation.
- Section 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.
- Section 40-3650 Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims.
- Section 40-3651 Same; appointment of ancillary receiver; order of court; authority of ancillary receiver.
- Section 40-3652 Same; supervision or seizure proceedings, authority of commissioner.
- Section 40-3653 Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims.
- Section 40-3654 Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims.
- Section 40-3655 Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings.
- Section 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.
- Section 40-3657 Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions.
- Section 40-3658 Severability of act.
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