reglab/housing_qa huggingface dataset:
KS Stat § 40-5004 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5004 Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner.

40-5004. Same; suspension, revocation, refusal to issue or renew license; grounds; hearing; powers of commissioner. (a) The commissioner may refuse to issue, suspend, revoke or refuse to renew the license of a viatical settlement provider or viatical settlement broker in the event that investigation by the commissioner discloses that:(1) There was any material misrepresentation in the application for the license;(2) the licensee or any officer, partner, member or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action in this state or another state or is otherwise shown to be untrustworthy or incompetent;(3) the viatical settlement provider demonstrates a pattern of unreasonable payments to viators;(4) the licensee or any officer, partner, member or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court;(5) the viatical settlement provider has entered into any viatical settlement contract that has not been approved pursuant to this act;(6) the viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract;(7) the licensee no longer meets the requirements for initial licensure;(8) the viatical settlement provider has assigned, transferred or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state, viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined respectively in regulation D, rule 501 or rule 144A of the federal securities act of 1933, as in effect on the effective date of this act, financing entity, special purpose entity or related provider trust; or(9) the licensee or any officer, partner, member or key management personnel has violated any provision of this act.(b) If the commissioner denies a license application or suspends, revokes or refuses to renew the license of a viatical settlement provider or viatical settlement broker, the commissioner shall conduct a hearing in accordance with the Kansas administrative procedure act.History: L. 2002, ch. 158, § 4; May 23.
KS Stat § 40-5005 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5005 Same; approval of forms.

40-5005. Same; approval of forms. No person shall use a viatical settlement contract or provide to a viator a disclosure statement form in this state unless filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained therein are unreasonable, contrary to the interests of the public or otherwise misleading or unfair to the viator. At the commissioner's discretion, the commissioner may require the submission of advertising material to the commissioner.History: L. 2002, ch. 158, § 5; May 23.
KS Stat § 40-5006 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5006 Same; annual statements of licensee; identity of viator confidential; exceptions.

40-5006. Same; annual statements of licensee; identity of viator confidential; exceptions. (a) (1) Each licensee shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule and regulation.(2) In addition to any other requirements, for any policy settled within five years of such policy's date of issuance, the annual statement shall specify the total number, aggregate face amount and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a break down of the information by policy issue year. Such information shall be limited to only those transactions where the insured is a resident of this state and shall not include individual transaction data regarding the business of viatical settlements or information that there is a reasonable basis to believe could be used to identify the policy owner or the insured.(b) Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, shall not disclose that identity as an insured, or the insured's financial or medical information to any other person unless the disclosure is:(1) Necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;(2) provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of paragraph (c) of K.S.A. 40-5012a, and amendments thereto;(3) a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;(4) necessary to permit a financing entity, related provider trust or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;(5) necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or(6) required to purchase stop loss coverage.History: L. 2002, ch. 158, § 6; L. 2008, ch. 96, § 6; July 1.
KS Stat § 40-5014 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5014 Same; violation of act also unfair or deceptive trade practice.

40-5014. Same; violation of act also unfair or deceptive trade practice. Any violation of this act shall also be considered an unfair or deceptive act or practice under K.S.A. 40-2404, and amendments thereto, and subject to the penalties contained in K.S.A. 40-2401 et seq., and amendments thereto.History: L. 2002, ch. 158, § 14; May 23.
KS Stat § 40-5015 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5015 Same; rules and regulations.

40-5015. Same; rules and regulations. The commissioner shall have the authority to:(a) Promulgate rules and regulations necessary to implement the provisions of this act;(b) establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons who are terminally or chronically ill. Such authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise or bequest of a benefit under a life insurance policy;(c) establish appropriate licensing requirements, fees and standards for continued licensure for viatical settlement providers or viatical settlement brokers;(d) require a bond or other mechanism for financial accountability for viatical settlement providers and viatical settlement brokers; and(e) adopt rules and regulations governing the relationship and responsibilities of both insurers and viatical settlement providers or viatical settlement brokers during the viatication of a life insurance policy or certificate.History: L. 2002, ch. 158, § 15; May 23.
KS Stat § 40-5016 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 50 - Viatical Settlements|40-5016 Same; continuation of preexisting viatical settlement business.

40-5016. Same; continuation of preexisting viatical settlement business. A viatical settlement provider or viatical settlement broker transacting business in this state may continue to do so pending approval or disapproval of the viatical settlement provider or viatical settlement broker's application for a license as long as the application is filed with the commissioner by July 1, 2002.History: L. 2002, ch. 158, § 16; May 23.
KS Stat § 40-5101 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5101 Citation of act.

40-5101. Citation of act. K.S.A. 40-5101 through 40-5114, and amendments thereto, shall be known as the Kansas insurance score act.History: L. 2003, ch. 88, § 2; July 1.
KS Stat § 40-5102 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5102 Applicability of act.

40-5102. Applicability of act. (a) This act shall apply only to personal insurance and not to commercial insurance. A personal insurance policy must be individually underwritten for personal, family or household use. No other type of insurance shall be included as personal insurance for the purpose of this act.(b) This act shall apply to all personal insurance policies either written to be effective or renewed on or after January 1, 2004.History: L. 2003, ch. 88, § 3; July 1.
KS Stat § 40-5103 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5103 Definitions.

40-5103. Definitions. As used in this act:(a) "Adverse action" means any of the following in connection with the underwriting of personal insurance:(1) A denial or cancellation of coverage; or(2) a reduction or other adverse or unfavorable change in the terms of coverage of any insurance regardless of whether such insurance is in existence or has been applied for.(b) "Affiliate" means any company that controls, is controlled by, or is under common control with another company.(c) "Agent" shall have the meaning ascribed to it in subsection (k) of K.S.A. 40-4902, and amendments thereto, unless the context requires otherwise.(d) "Applicant" means an individual who has applied to an insurer to be covered by a personal insurance policy.(e) "Commissioner" means the commissioner of insurance and any authorized designee of the commissioner.(f) "Consumer" means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy. "Consumer" also includes an applicant for a personal insurance policy.(g) "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.(h) "Credit information" means any credit related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Credit information shall not include any information which is not credit related, regardless of whether such information is contained in a credit report or in an application or is used to calculate an insurance score.(i) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.(j) "Department" means the insurance department established by K.S.A. 40-102, and amendments thereto.(k) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based, in whole or in part, on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.(l) "Personal insurance" means private passenger automobile, homeowners, motorcycle, mobile homeowners and non-commercial dwelling fire insurance policies and boat, personal water craft, snowmobile and recreational vehicle policies. For the strict purposes of this act, personal insurance shall also include individually underwritten policies of farmowners.History: L. 2003, ch. 88, § 4; L. 2010, ch. 108, § 6; July 1.
KS Stat § 40-5105 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5105 Re-underwriting or re-rating consumer, when; overpayment of premium.

40-5105. Re-underwriting or re-rating consumer, when; overpayment of premium. (a) If it is determined through the dispute resolution process set forth in the federal fair credit reporting act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and re-rate the consumer within 30 days of receiving the notice. After re-underwriting or re-rating the insured, the insurer shall make any adjustments necessary, consistent with such insurer's underwriting and rating guidelines.(b) If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.History: L. 2003, ch. 88, § 6; July 1.
KS Stat § 40-5106 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5106 Disclosure requirements.

40-5106. Disclosure requirements. If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose that it may obtain credit information in connection with such application. The insurer shall further notify such consumer that an internal appeal process exists as provided by paragraph (b) of K.S.A. 40-5107, and amendments thereto. The disclosure shall be made either on the insurance application or at the time the insurance application is taken. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if such consumer has previously been provided a disclosure statement.History: L. 2003, ch. 88, § 7; July 1.
KS Stat § 40-5107 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5107 Adverse action; notice to consumer, contents.

40-5107. Adverse action; notice to consumer, contents. (a) If an insurer takes an adverse action based upon credit information, the insurer shall provide written notification to the consumer a notice that:(1) An adverse action has been taken, in accordance with the requirements of the federal fair credit reporting act as set forth in, 15 U.S.C. § 1681m(a); and(2) explains the reason for such adverse action.(b) Each reason must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take such adverse action. An insurer shall provide a procedure whereby a consumer may review an adverse action based on credit information. Such procedure shall be consistent with the provisions of K.S.A. 40-2,112, and amendments thereto. The insurer and the insurer's agent shall be immune from any action arising from information provided to the insured through such process. The insurer shall not be found in violation of rate filings by adjusting an insured's rate in such a manner.(c) The use of generalized terms such as "poor credit history," "poor credit rating," or "poor insurance score" shall be deemed not to comply with requirements of this section.History: L. 2003, ch. 88, § 8; July 1.
KS Stat § 40-5108 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5108 Insurance score models, filing required; trade secret.

40-5108. Insurance score models, filing required; trade secret. (a) Each insurer that uses insurance scores to underwrite and rate risks shall file the procedure required by paragraph (b) of K.S.A. 40-5107, and amendments thereto, and such insurer's insurance scoring models or other insurance scoring processes with the insurance department. A third party may file with the insurance department such third party's scoring models or other scoring processes used on behalf of an insurer. Any filing that includes insurance scoring may include loss experience justifying the use of credit information.(b) Except for the procedure required by paragraph (b) of K.S.A. 40-5107, and amendments thereto, any filing relating to insurance scoring models or other insurance scoring processes shall be considered to be a trade secret and confidential under the open records act.History: L. 2003, ch. 88, § 9; July 1.
KS Stat § 40-5109 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5109 Studies; report to legislature.

40-5109. Studies; report to legislature. (a) The commissioner of insurance shall gather data, hold public hearings, make inquiries and publish studies relating to the purpose of this act.(b) The commissioner shall report to the president and minority leader of the senate and the speaker and minority leader of the house of representatives by January 26, 2005, on issues relating to the use of credit history in the underwriting and rating of personal insurance and the implementation of this act.History: L. 2003, ch. 88, § 10; July 1.
KS Stat § 40-5110 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5110 Indemnification, when required.

40-5110. Indemnification, when required. (a) An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent who obtains or uses credit information or insurance scores, or both, for an insurer.(b) The provisions of subsection (a) shall not be available whenever the agent fails to:(1) Follow the instructions of or procedures established by the insurer; and(2) comply with any applicable law or regulation.(c) Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.History: L. 2003, ch. 88, § 11; July 1.
KS Stat § 40-5111 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5111 Prohibition against use of certain information; exceptions.

40-5111. Prohibition against use of certain information; exceptions. (a) No consumer reporting agency shall provide or sell data or lists that include any information, in whole or in part, which was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to:(1) The expiration date of an insurance policy or any other information that may identify any time period during which a consumer's insurance may expire; and(2) the terms and conditions of the consumer's insurance coverage.(b) The restrictions provided in subsection (a) of this section do not apply to:(1) Any data or list the consumer reporting agency supplies to the insurance agent from whom information was received;(2) the insurer for whom such agent acted; or(3) such insurer's affiliates or holding companies.(c) Nothing in this section shall be construed to prohibit or restrict any insurer from obtaining a claims history report or a motor vehicle report.History: L. 2003, ch. 88, § 12; July 1.
KS Stat § 40-5112 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5112 Powers of commissioner.

40-5112. Powers of commissioner. Whenever an insurer is found to be in violation of any provision of this act, the commissioner shall proceed under K.S.A. 40-2,125, and amendments thereto.History: L. 2003, ch. 88, § 13; July 1.
KS Stat § 40-5113 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5113 Rules and regulations.

40-5113. Rules and regulations. The commissioner of insurance is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act.History: L. 2003, ch. 88, § 14; July 1.
KS Stat § 40-5114 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5114 Severability.

40-5114. Severability. (a) If any provision of this act is declared invalid due to an interpretation of or a future change in the federal fair credit reporting act, the remaining portions of the act shall be deemed to be severable and shall remain in full force and effect.(b) If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History: L. 2003, ch. 88, § 15; July 1.
KS Stat § 40-5115 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 51 - Insurance Score Act|40-5115 Credit information; use by insurers; extraordinary life circumstances; limitations.

40-5115. Credit information; use by insurers; extraordinary life circumstances; limitations. (a) (1) Notwithstanding any other law, rule or regulation, an insurer that uses credit information shall, upon written request from an applicant for insurance coverage or an insured, provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or underwriting rules or guidelines for a consumer who has experienced and whose credit information has been directly influenced by an extraordinary life circumstance.(2) As used in this section "extraordinary life circumstance" means:(A) Catastrophic event, as declared by the federal or any state government;(B) serious illness or injury to the consumer or such consumer's immediate family member;(C) the death of a spouse, child or parent of the insured;(D) divorce or involuntary interruption of legally-owed alimony or support payments;(E) identity theft;(F) temporary loss of employment for a period of three months or more, if it results from involuntary termination;(G) overseas military deployment; or(H) other events as determined by the insurer.(b) If a consumer submits a request for an exception under subsection (a), an insurer may, in its sole discretion:(1) Require the consumer to provide reasonable written and independently verifiable documentation of the event;(2) require the consumer to demonstrate that the event had a direct and meaningful impact on the consumer's credit information; and(3) require such request be made no more than 60 days from the date of the application for insurance or the policy renewal.(c) An insurer shall not be deemed to be out of compliance with any law, rule or regulation relating to underwriting, rating or rate filing as a result of granting an exception under this section. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.(d) The insurer shall provide notice to consumers that reasonable exceptions are available and information about how the consumer may inquire further.(e) (1) Within 30 days of the insurer's receipt of sufficient documentation of an extraordinary life circumstance as the insurer may request under subsection (b), the insurer shall inform the consumer of the outcome of their request for a reasonable exception.(2) The insurer may grant an exception despite the consumer not providing the initial request for an exception in writing or grant an exception where the consumer asks for consideration of repeated circumstances or the insurer has considered this circumstance previously.(3) The insurer shall inform the consumer of the outcome of their request in writing.(f) This section shall be part of and supplemental to the Kansas insurance score act.History: L. 2010, ch. 108, § 5; July 1.