reglab/housing_qa huggingface dataset:
KS Stat § 40-5201 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5201 Assumption reinsurance agreement act; applicability; waiver of requirements, when allowed; exceptions.

40-5201. Assumption reinsurance agreement act; applicability; waiver of requirements, when allowed; exceptions. (a) (1) This act applies to any insurer authorized in this state which either assumes or transfers the obligations or risks, or both, on contracts of insurance pursuant to an assumption reinsurance agreement.(2) At the commissioner's discretion, the commissioner may waive any requirement of this act when the transfer of obligations or risks, or both, results from the discontinuance of business pursuant to K.S.A. 40-248, and amendments thereto, by the transferring insurer.(b) This act does not apply to: (1) Any reinsurance agreement or transaction in which the ceding insurer continues to remain directly liable for its insurance obligations or risks, or both, under the contracts of insurance subject to the reinsurance agreement;(2) the substitution of one insurer for another upon the expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer;(3) the transfer of contracts of insurance pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by statute;(4) any insurer subject to a judicial order of liquidation or rehabilitation;(5) any reinsurance agreement or transaction to which a state insurance guaranty association is a party, provided that policyholders do not lose any rights or claims afforded under their original policies pursuant to K.S.A. 40-2901 et seq., and amendments thereto, or K.S.A. 40-3001 et seq., and amendments thereto; or(6) the transfer of liabilities from one insurer to another under a single group policy upon the request of the group policyholder.History: L. 2004, ch. 128, § 6; L. 2008, ch. 83, § 1; July 1.
KS Stat § 40-5202 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5202 Same; definitions.

40-5202. Same; definitions. For the purposes of this act:(a) "Assuming insurer" means the insurer that acquires an insurance obligation or risk, or both, from the transferring insurer pursuant to an assumption reinsurance agreement.(b) "Assumption reinsurance agreement" means any contract that both:(1) Transfers insurance obligations or risks, or both, of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and(2) is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks, or both, under the contracts are extinguished.(c) "Commissioner" means the commissioner of insurance as defined by K.S.A. 40-102, and amendments thereto, unless the context requires otherwise.(d) "Contract of insurance" means any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for premium or other consideration, agrees to assume an obligation or risk, or both, of the policyholder or to make payments on behalf of, or to, the policyholder or its beneficiaries. Contract of insurance includes all property, casualty, life, health, accident, surety, title and annuity business authorized to be written pursuant to the insurance laws of this state.(e) "Home service business" means insurance business on which premiums are collected on a weekly or monthly basis by an agent of the insurer.(f) "Notice of transfer" means the written notice to policyholders required by K.S.A. 40-5203, and amendments thereto.(g) "Policyholder" means any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance.Policyholder includes any certificateholder whose certificate is in force on the proposed effective date of the assumption, if the certificateholder has the right to keep the certificate in force without change in benefit following termination of the group policy.The right to keep the certificate in force shall not include the right to elect individual coverage under the consolidated omnibus budget reconciliation act ("COBRA") section 601 et seq., of the employee retirement income security act of 1974, as amended, 29 U.S.C. §§ 1161 et seq.(h) "Transferring insurer" means the insurer which transfers an insurance obligation or risk, or both, to an assuming insurer pursuant to an assumption reinsurance agreement.(i) This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 7; May 20.
KS Stat § 40-5204 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5204 Same; prior approval by commissioner required; duties of licensed foreign insurer.

40-5204. Same; prior approval by commissioner required; duties of licensed foreign insurer. (a) Prior approval by the commissioner is required for any transaction where an insurer domiciled in this state assumes or transfers obligations or risks, or both, on contracts of insurance under an assumption reinsurance agreement. No insurer licensed in this state shall transfer obligations and/or risks on contracts of insurance issued to or owned by residents of this state to any insurer that is not licensed in this state. An insurer domiciled in this state shall not assume obligations or risks, or both, on contracts of insurance issued to or owned by policyholders residing in any other state unless it is licensed in the other state, or the insurance regulatory official of that state has approved the assumption.(b) Any licensed foreign insurer that enters into an assumption reinsurance agreement which transfers the obligations or risks, or both, on contracts of insurance issued to or owned by residents of this state, shall file or cause to be filed with the commissioner of insurance of this state the assumption certificate, a copy of the notice of transfer and an affidavit that the transaction is subject to substantially similar requirements in the state of domicile of both the transferring and assuming insurer. If no such requirements exist in the domicile of either the transferring or assuming insurers, then the requirements of this act shall apply.(c) Any licensed foreign insurer that enters into an assumption reinsurance agreement which transfers the obligations or risks, or both, on contracts of insurance issued to or owned by residents of this state, shall obtain prior approval of the commissioner of insurance of this state and be subject to all other requirements of this act with respect to residents of this state, unless the transferring and assuming insurers are subject to assumption reinsurance requirements adopted by statute or regulation in the jurisdiction of their domicile which are substantially similar to those contained herein.(d) The following factors, along with such other factors as the commissioner deems appropriate under the circumstances, shall be considered by the commissioner in reviewing a request for approval:(1) The financial condition of the transferring and assuming insurers and the effect the transaction will have on the financial condition of each company;(2) the competence, experience and integrity of those persons who control the operation of the assuming insurer;(3) the plans or proposals the assuming party has with respect to the administration of the policies subject to the proposed transfer;(4) whether the transfer is fair and reasonable to the policyholders of both companies; and(5) whether the notice of transfer to be provided by the insurer is fair, adequate and not misleading.(e) This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 9; May 20.
KS Stat § 40-5205 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5205 Same; rights of policyholders.

40-5205. Same; rights of policyholders. (a) Policyholders shall have the right to reject the transfer and novation of their contracts of insurance. Policyholders electing to reject the assumption transaction shall return to the transferring insurer the pre-addressed, postage-paid response card or other written notice and indicate thereon that the assumption is rejected (collectively referred to as the "response card").(b) Payment of any premium to the assuming company during the 24-month period after notice is received shall be deemed to indicate the policyholder's acceptance of the transfer to the assuming insurer and a novation shall be deemed to have been effected, provided that the premium notice clearly states that payment of the premium to the assuming insurer shall constitute acceptance of the transfer. However, the premium notice shall also provide a method for the policyholder to pay the premium while reserving the right to reject the transfer. With respect to any home service business or any other business not using premium notices, the disclosures and procedural requirements of this subsection are to be set forth in the notice of transfer required by K.S.A. 40-5202, and amendments thereto, and in the assumption certificate.(c) After no fewer than 24 months from the mailing of the initial notice of transfer required under K.S.A. 40-5202, and amendments thereto, if positive consent to, or rejection of, the transfer and assumption has not been received or consent has not been deemed to have occurred under subsection (b) of this section, the transferring company shall send to the policyholder a second and final notice of transfer as specified in K.S.A. 40-5202, and amendments thereto. If the policyholder does not accept or reject the transfer during the one-month period immediately following the date on which the transferring insurer mails the second and final notice of transfer, the policyholder's consent will be deemed to have occurred and novation of the contract will be effected. With respect to the home service business, or any other business not using premium notices, the 24-month and one-month periods shall be measured from the date of delivery of the notice of transfer pursuant to subsection (a) of K.S.A. 40-5203, and amendments thereto.(d) The transferring insurer will be deemed to have received the response card on the date it is postmarked. A policyholder may also send its response card by facsimile or other electronic transmission or by registered mail, express delivery or courier service, in which case the response card shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.(e) This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 10; May 20.
KS Stat § 40-5206 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5206 Same; novation of insurance contract, when.

40-5206. Same; novation of insurance contract, when. If a policyholder consents to the transfer pursuant to K.S.A.  40-5205, and amendments thereto, or if the transfer is effected under K.S.A. 40-5207, and amendments thereto, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks, or both, transferred under the assumption reinsurance agreement and the assuming insurer shall become directly and solely liable to the policyholder for those insurance obligations or risks, or both.This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 11; May 20.
KS Stat § 40-5207 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5207 Same; effect of similar law in another state.

40-5207. Same; effect of similar law in another state. If an insurer domiciled in this state or in a jurisdiction having a substantially similar law is deemed by the domiciliary commissioner to be in hazardous financial condition or an administrative proceeding has been instituted against it for the purpose of reorganizing or conserving the insurer, and the transfer of the contracts of insurance is in the best interest of the policyholders, as determined by the domiciliary commissioner, a transfer and novation may be effected notwithstanding the provisions of this act. This may include a form of implied consent and adequate notification to the policyholder of the circumstances requiring the transfer as approved by the commissioner.This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 12; May 20.
KS Stat § 40-5208 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5208 Same; continuation of certain protections.

40-5208. Same; continuation of certain protections. Residents of this state whose policies were previously subject to the protections set forth in K.S.A. 40-2901 et seq., and amendments thereto, or K.S.A. 40-3001 et seq., and amendments thereto, and whose policies are transferred to an unlicensed insurer pursuant to this section are entitled to continued protection thereunder.This section shall take effect on and after July 1, 2004.History: L. 2004, ch. 128, § 13; May 20.
KS Stat § 40-5210 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 52 - Assumption Reinsurance Agreements|40-5210 Same; citation of act; duties of commissioner; rules and regulations.

40-5210. Same; citation of act; duties of commissioner; rules and regulations. (a) K.S.A. 40-5201 through 40-5210, and amendments thereto, shall be known and may be cited as the assumption reinsurance agreement act.(b) This act shall be administered by the commissioner.(c) The commissioner is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act.History: L. 2004, ch. 128, § 15; L. 2008, ch. 83, § 2; July 1.
KS Stat § 40-5302 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 53 - Interstate Insurance Compacts|40-5302 Same; representative.

40-5302. Same; representative. The commissioner of insurance shall represent this state on the Interstate Insurance Product Regulation Commission.History: L. 2005, ch. 102, § 2; July 1.
KS Stat § 40-5303 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 53 - Interstate Insurance Compacts|40-5303 Same; alternate representative.

40-5303. Same; alternate representative. The member representing this state on the interstate insurance product regulation compact may be represented thereon by an alternate designated by the commissioner of insurance. Any such alternate shall be an assistant commissioner or a division director of the insurance department.History: L. 2005, ch. 102, § 3; July 1.
KS Stat § 40-5401 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 54 - Controlled Insurance Programs Act|40-5401 Short title.

40-5401. Short title. The provisions of K.S.A. 40-5401 through 40-5405, and amendments thereto, shall be known and may be cited as the controlled insurance programs act.History: L. 2009, ch. 136, § 1; July 1.
KS Stat § 40-5402 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 54 - Controlled Insurance Programs Act|40-5402 Definitions.

40-5402. Definitions. As used in the controlled insurance programs act:(a) "Commissioner" means the commissioner of insurance.(b) "Completed operations liability" has the meaning ascribed thereto in K.S.A. 40-4101, and amendments thereto.(c) The terms "construction," "contract," "contractor," "owner," "person" and "subcontractor" have the meanings ascribed thereto in K.S.A. 16-1802, and amendments thereto.(d) "Controlled insurance program" means a program of liability or workers compensation insurance coverage, or both, that is established by an owner or contractor who contractually requires participation by contractors or subcontractors who are engaged in work required by a construction contract. Controlled insurance programs shall include, but not be limited to, coverage programs that are for a fixed term of coverage on a single construction site or project or multiple projects, and a consolidated or wrap-up insurance program as the term is used in subsection (b)(3) of K.S.A. 16-1803, and amendments thereto. A controlled insurance program subject to this act shall not include surety or builders risk.(e) "Participant" means any contractor or subcontractor whose participation in a controlled insurance program is required by a construction contract.(f) "Sponsoring participant" means the owner or contractor who establishes the controlled insurance program.(g) "Substantial completion" shall have the meaning ascribed to it in K.S.A. 16-1902, and amendments thereto.History: L. 2009, ch. 136, § 2; July 1.
KS Stat § 40-5404 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 54 - Controlled Insurance Programs Act|40-5404 Additional rules and regulations.

40-5404. Additional rules and regulations. In addition to such other rules and regulations adopted pursuant to this act, the commissioner is hereby authorized to adopt such rules and regulations relating to controlled insurance programs as may be necessary to carry out the provisions of the controlled insurance programs act.History: L. 2009, ch. 136, § 4; July 1.
KS Stat § 40-5405 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 54 - Controlled Insurance Programs Act|40-5405 Adoption date for rules and regulations.

40-5405. Adoption date for rules and regulations. The commissioner shall adopt all rules and regulations required by this act by January 1, 2010.History: L. 2009, ch. 136, § 5; July 1.
KS Stat § 40-5501 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5501 Short title.

40-5501. Short title. K.S.A. 40-5501 through 40-5519, and amendments thereto, shall be known and may be cited as the public adjusters licensing act, and it shall govern the qualifications and procedures for the licensing of public adjusters, on and after July 1, 2009. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims.History: L. 2009, ch. 83, § 1; Apr. 23.
KS Stat § 40-5503 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5503 License required; limitations; exceptions.

40-5503. License required; limitations; exceptions. (a) A person shall not act as or represent that such person is a public adjuster in this state unless the person is an individual licensed as a public adjuster in accordance with this act.(b) A licensed public adjuster shall not misrepresent to a claimant that the individual is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster, unless so appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the licensed public adjuster.(c) Notwithstanding the provisions of this section, a license as a public adjuster shall not be required of the following:(1) An attorney-at-law admitted to practice in this state, when acting in such person's professional capacity as an attorney;(2) a person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;(3) a person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers and handwriting experts;(4) a licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; or(5) a person who settles subrogation claims between insurers.History: L. 2009, ch. 83, § 3; Apr. 23.
KS Stat § 40-5504 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5504 Application for license.

40-5504. Application for license. (a) An individual applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner.(b) The applicant shall declare under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief.(c) In order to make a determination of license eligibility, the commissioner shall require a criminal history record check on each applicant who is not exempt from pre-licensing examination pursuant to K.S.A. 40-5507, and amendments thereto.History: L. 2009, ch. 83, § 4; Apr. 23.
KS Stat § 40-5505 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 55 - Public Adjusters Licensing Act|40-5505 Requirements.

40-5505. Requirements. (a) Before issuing a public adjuster license to an applicant under the public adjusters licensing act, the commissioner shall find that the applicant:(1) Is eligible to designate this state as the applicant's home state or is a nonresident who is not eligible for a license under K.S.A. 40-5508, and amendments thereto;(2) has not committed any act that is a ground for denial, suspension or revocation of a license as set forth in K.S.A. 40-5510, and amendments thereto;(3) is trustworthy, reliable and of good reputation, evidence of which may be determined by the commissioner;(4) is financially responsible to exercise the rights and privileges under the license and has provided proof of financial responsibility as required in K.S.A. 40-5511, and amendments thereto;(5) has paid an application fee of $100; and(6) maintains an office in the home state with public access during regular business hours or by reasonable appointment.(b) In addition to satisfying the requirements of subsection (a), an applicant shall:(1) Be at least 18 years of age; and(2) have successfully passed the public adjuster examination.(c) The commissioner may require any documents reasonably necessary to verify the information contained in the application.(d) (1) The commissioner may require a person applying for a public adjuster license to be fingerprinted and submit to a state and national criminal history record check or to submit to a background check, or both.(A) The fingerprints shall be used to identify the applicant and to determine whether the applicant has a record of criminal history in this state or another jurisdiction. The commissioner shall submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. Local and state law enforcement officers and agencies shall assist the commissioner in the taking and processing of fingerprints of applicants and shall release all records of an applicant's arrests and convictions to the commissioner.(B) The commissioner may conduct or have a third party conduct a background check on a person applying for a public adjuster license.(2) Whenever the commissioner requires fingerprinting or a background check, or both, any associated costs shall be paid by the applicant.(3) The commissioner may use the information obtained from a background check, fingerprinting and the applicant's criminal history only for purposes of verifying the identity of the applicant and in the official determination of the fitness of the applicant to be issued a license as a public adjuster in accordance with the public adjusters licensing act.History: L. 2009, ch. 83, § 5; L. 2021, ch. 23, § 8; July 1.