reglab/housing_qa huggingface dataset:
KS Stat § 40-2,113 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,113 Nonliability for information relating to adverse underwriting decision.

40-2,113. Nonliability for information relating to adverse underwriting decision. There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer, its authorized representative, its agents, its employees, or any firm, person, health care provider, hospital or corporation furnishing to the insurer information as to reasons for any adverse underwriting decision, for any statement made by any of them in any written notice of any adverse underwriting decision, for the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith, if such information was provided in good faith and without malice.History: L. 1981, ch. 190, § 3; July 1.
KS Stat § 40-2,114 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,114 Insurance coverage to include reimbursement for services performed by licensed specialist social worker.

40-2,114. Insurance coverage to include reimbursement for services performed by licensed specialist social worker. Notwithstanding any provision of an individual or group policy or contract of health and accident insurance, delivered within the state, whenever such policy or contract shall provide for reimbursement for any service within the lawful scope of practice of a duly licensed specialist social worker authorized to engage in private, independent practice under subsection (a) of K.S.A. 75-5353, and amendments thereto, within the state of Kansas, the insured, or any other person covered by the policy or contract shall be allowed and entitled to reimbursement for such service, unless subject coverage in those insurance plans in existence on or before March 15, 1989, is refused in writing by the policyholder prior to March 15, 1989, irrespective of whether it was provided or performed by a duly licensed physician or a duly licensed specialist social worker authorized to engage in private, independent practice under subsection (a) of K.S.A. 75-5353, and amendments thereto.History: L. 1982, ch. 204, § 1; L. 1989, ch. 133, § 2; July 1.
KS Stat § 40-2,115 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.

40-2,115. Liability insurance coverage for punitive damages assessed against certain persons. (a) It is not against the public policy of this state for a person or entity to obtain insurance covering liability for punitive or exemplary damages assessed against such insured as the result of acts or omissions, intentional or otherwise, of such insured's employees, agents or servants, or of any other person or entity for whose acts such insured shall be vicariously liable, without the actual prior knowledge of such insured.(b) The type of coverage specified in subsection (a) may be provided by insurance companies doing business in this state.History: L. 1984, ch. 160, § 1; April 26.
KS Stat § 40-2,116 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,116 Definitions.

40-2,116. Definitions. As used in this act:(a) "Contracting facility" means a health facility that has entered into a contract with a service corporation to provide services to subscribers of the service corporation.(b) "Contracting professional provider" means a professional provider who has entered into a contract with a service corporation to provide services to subscribers of the service corporation.(c) "Health facility" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto; psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto; adult care home, but such term shall be limited to nursing facility, assisted living facility and residential health care facility as such terms are defined in K.S.A. 39-923, and amendments thereto; and kidney disease treatment center, including centers not located in a medical care facility.(d) "Professional provider" means a provider, other than a contracting facility, of services for which benefits are provided under contracts issued by a service corporation.(e) "Service corporation" means a nonprofit medical and hospital service corporation organized under the provisions of K.S.A. 40-19c01 et seq., and amendments thereto.History: L. 1984, ch. 173, § 1; L. 1985, ch. 208, § 2; L. 1992, ch. 322, § 10; L. 1995, ch. 143, § 4; L. 1997, ch. 8, § 5; L. 2018, ch. 71, § 14; July 1.
KS Stat § 40-2,117 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,117 Provision of health services by professional provider; allowable charges.

40-2,117. Provision of health services by professional provider; allowable charges. Whenever a professional provider provides services or otherwise renders care to a subscriber of a service corporation under arrangements which such professional provider has established with a contracting facility, and the subscriber does not have a choice of obtaining those services from a contracting professional provider, the professional provider rendering those services shall accept the service corporation's allowable charge level as full payment and may bill the subscriber only for deductibles, coinsurance, shared payments and noncovered services as stipulated in the contract between the subscriber and the service corporation.History: L. 1984, ch. 173, § 2; Jan. 1, 1985.
KS Stat § 40-2,119 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,119 Same; immunity from civil liability for certain persons.

40-2,119. Same; immunity from civil liability for certain persons. In the absence of fraud, bad faith or malice, no person or insurer shall be subject to civil liability for libel, slander or any other relevant cause of action:(a) For filing reports or furnishing other information required by chapter 40 of the Kansas Statutes Annotated, and amendments thereto, or required by the commissioner under the authority granted in chapter 40 of the Kansas Statutes Annotated, and amendments thereto;(b) for any information relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials, their agents and employees;(c) for any information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of chapter 40 of the Kansas Statutes Annotated, and amendments thereto;(d) for any such information furnished in reports to the insurance department, regulatory agencies of any other state, the national association of insurance commissioners or any organization established to detect and prevent fraudulent insurance acts, their agents, employees or designees; or(e) for the publication of any report or bulletin related to the official activities of the insurance department by the commissioner or any employee of the insurance department. Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.History: L. 1985, ch. 155, § 2; L. 2006, ch. 128, § 2; July 1.
KS Stat § 40-2,120 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,120 Business or professional property or casualty insurance; cancellation, when.

40-2,120. Business or professional property or casualty insurance; cancellation, when. No policy of property or casualty insurance, other than accident and sickness, used primarily for business or professional needs that has been in effect for 90 days or more may be canceled except for one of the following reasons:(a) Nonpayment of premium;(b) the policy was issued because of a material misrepresentation;(c) any insured violated any of the material terms and conditions of the policy;(d) unfavorable underwriting factors, specific to the insured, exist that were not present at the inception of the policy;(e) a determination by the commissioner that continuation of coverage could place the insurer in a hazardous financial condition or in violation of the laws of this state; or(f) a determination by the commissioner that the insurer no longer has adequate reinsurance to meet the insurer's needs.History: L. 1986, ch. 168, § 1; July 1.
KS Stat § 40-2,121 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,121 Same; nonrenewal; notice required.

40-2,121. Same; nonrenewal; notice required. Any insurance company that denies renewal or substitution of similar coverage for the same exposures under any property or casualty insurance policy which is used primarily for business or professional needs shall give at least 60 days' written notice to the named insured at such person's last known address of the insurance company's intention not to renew such policy. The company may satisfy this obligation by causing such notice to be given by a licensed agent.History: L. 1986, ch. 168, § 2; July 1.
KS Stat § 40-2,122 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,122 Cancellation or nonrenewal of policy; written explanation required.

40-2,122. Cancellation or nonrenewal of policy; written explanation required. Any insurance company doing business in this state shall provide to an insured a written explanation specifically detailing the reasons why such company canceled or denied renewal of an existing policy of insurance. There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or denial of renewal of an existing policy of insurance, for any statement made by any of them in any written notice of cancellation or denial of renewal of an existing policy of insurance, for the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith, if such information was provided in good faith and without malice.History: L. 1986, ch. 168, § 3; July 1.
KS Stat § 40-2,123 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,123 Insurers authorized to discontinue certain business in state, when; enforcement.

40-2,123. Insurers authorized to discontinue certain business in state, when; enforcement. (a) From and after January 1, 1989, an insurer may cease to transact insurance in this state, or discontinue the writing or renewal of one or more kinds of property or casualty insurance specified in K.S.A. 40-901 and 40-1102, and amendments thereto, or classes of property or casualty insurance risks which were actively solicited or written:(1) After 60 days' notice to the commissioner;(2) upon loss of adequate reinsurance;(3) when deemed to be in hazardous financial condition; or(4) when deemed to be insolvent or potentially insolvent.(b) The commissioner is authorized to extend the notice period required by paragraph (1) of subsection (a) by adoption of a rule and regulation establishing such longer period of time, not exceeding 60 additional days, as may be necessary to maintain adequate insurance markets following severe or repetitive wind, hailstorms or other unusual events that affect the insurance environment.(c) Enforcement of the provisions of this section shall be in accordance with article 24 of chapter 40 of the Kansas Statutes Annotated, and acts amendatory thereof and supplemental thereto.History: L. 1988, ch. 155, § 6; L. 1994, ch. 72, § 1; July 1.
KS Stat § 40-2,124 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,124 Certain property and casualty rate filings not affected by certain rate regulation statutes.

40-2,124. Certain property and casualty rate filings not affected by certain rate regulation statutes. Nothing in K.S.A. 40-927, 40-928, 40-929, 40-1112 and 40-1113, and amendments thereto, shall alter the basis for approval or disapproval of consent to rate or unique and unusual rate filings for individual risks nor shall any provision of such statutes require that all present approved rates be refiled.History: L. 1988, ch. 155, § 7; May 26.
KS Stat § 40-2,126 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,126 Interest due on insurance settlements, when.

40-2,126. Interest due on insurance settlements, when. Except as otherwise provided by K.S.A. 40-447, 40-3110 and 44-512a, and amendments thereto, each insurance company, fraternal benefit society and any reciprocal or interinsurance exchange licensed to transact the business of insurance in this state which fails or refuses to pay any amount due under any contract of insurance within the time prescribed herein shall pay interest on the amount due. If payment is to be made to the claimant and the same is not paid within 30 calendar days after the amount of the payment is agreed to between the claimant and the insurer, interest at the rate of 18% per annum shall be payable from the date of such agreement. If payment is to be made to any other person for providing repair or other services to the claimant and the same is not paid within 30 calendar days following the date of completion of such services and receipt of the billing statement, interest at the rate of 18% per annum shall be payable on the amount agreed to between the claimant and the insurer from the date of receipt of the billing statement.History: L. 1989, ch. 130, § 1; July 1.
KS Stat § 40-2,127 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,127 Same; application to multiple payments.

40-2,127. Same; application to multiple payments. For purposes of this act, if a claimant agrees to accept other than a lump sum payment, the interest payable as provided by K.S.A. 40-2,126 shall apply separately with respect to each payment.History: L. 1989, ch. 130, § 2; July 1.
KS Stat § 40-2,128 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,128 Same; rules and regulations.

40-2,128. Same; 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. 1989, ch. 130, § 3; July 1.
KS Stat § 40-2,129 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,129 Managing general agents; title of act.

40-2,129. Managing general agents; title of act. This act may be cited as the managing general agents act.History: L. 1990, ch. 158, § 1; Jan. 1, 1991.
KS Stat § 40-2,130 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,130 Same; definitions.

40-2,130. Same; definitions. As used in this act:(a) "Actuary" means a person who is a member in good standing of the American academy of actuaries.(b) "Commissioner" means the commissioner of insurance of this state.(c) "Insurer" means any person, firm, association or corporation duly licensed in this state as an insurance company.(d) "Managing general agent" or "MGA" means any person, firm, association or corporation who manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross written premium equal to or more than 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:(1) Adjusts or pays claims in excess of an amount determined by the commissioner; or(2) negotiates reinsurance on behalf of the insurer.(e) Notwithstanding the above, the following persons shall not be considered as MGAs for the purposes of this act:(1) An employee of the insurer;(2) a United States manager of the United States branch of an alien insurer;(3) an underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer, subject to the holding company regulatory act, and whose compensation is not based on the volume of premiums written;(4) an attorney-in-fact of a reciprocal exchange or inter-insurance exchange as described in K.S.A. 40-1602, and amendments thereto; and(5) an administrator registered in accordance with K.S.A. 40-3810, and amendments thereto.(f) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.History: L. 1990, ch. 158, § 2; L. 1994, ch. 47, § 1; July 1.
KS Stat § 40-2,131 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,131 Same; licensure requirements; bond.

40-2,131. Same; licensure requirements; bond. (a) No person, firm, association or corporation shall act in the capacity of an MGA with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state.(b) No person, firm, association or corporation shall act in the capacity of an MGA representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of the uniform insurance agents licensing act, K.S.A. 40-4901 et seq., and amendments thereto.(c) The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.(d) For the purposes of this section, the term "producer" shall have the meaning ascribed to it in K.S.A. 40-4902, and amendments thereto.History: L. 1990, ch. 158, § 3; L. 2004, ch. 159, § 3; L. 2005, ch. 163, § 1; July 1.
KS Stat § 40-2,133 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,133 Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.

40-2,133. Same; utilization by insurer; acts required to be performed by and prohibitions on insurer. (a) No insurer may utilize or continue to utilize the services of an MGA on and after the effective date of this act unless such utilization is in compliance with this act.(b) The insurer shall have on file an independent financial examination in a form acceptable to the commissioner of each MGA with which it has done business.(c) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. Such requirement shall be in addition to any other required loss reserve certification.(d) The insurer shall periodically, but not less frequently than semi-annually, conduct an on-site review of the underwriting and claims processing operations of the MGA.(e) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer who shall not be affiliated with the MGA.(f) Within 30 days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of such appointment or termination to the commissioner. Notices of appointment of an MGA shall include (1) a statement of duties which the applicant is expected to perform on behalf of the insurer, (2) the lines of insurance for which the applicant is to be authorized to act, (3) a notification fee in the amount of $100, (4) and any other information the commissioner may request.(g) An insurer shall each quarter review its books and records to determine if any agent or broker has become, by operation of subsection (d) of K.S.A. 40-2,130, and amendments thereto, an MGA as defined in that subsection. If the insurer determines that an agent or broker has become an MGA pursuant to the above, the insurer shall promptly notify the agent or broker and the commissioner of such determination, and the insurer and agent or broker shall fully comply with the provisions of this act within 30 days.(h) An insurer shall not appoint to its board of directors an officer, director, employee or controlling shareholder of its MGAs. This subsection shall not apply to relationships governed by the applicable provisions of article 33 of chapter 40 of the Kansas Statutes Annotated.History: L. 1990, ch. 158, § 5; L. 1992, ch. 154, § 4; July 1.
KS Stat § 40-2,134 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,134 Same; acts deemed to be acts of insurer; examination.

40-2,134. Same; acts deemed to be acts of insurer; examination. The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined pursuant to K.S.A. 40-222 and 40-223, and amendments thereto, as if it were the insurer.History: L. 1990, ch. 158, § 6; Jan. 1, 1991.
KS Stat § 40-2,135 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,135 Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.

40-2,135. Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted. (a) If the commissioner finds after a hearing conducted in accordance with the Kansas administrative procedure act that any person has violated any provision of this act, the commissioner may order each of the following, any combination thereof or all of the following:(1) For each separate violation, a penalty in an amount of $5,000;(2) revocation or suspension of the agent's or broker's license;(3) the MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this act committed by the MGA.(b) Nothing contained in this act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors.History: L. 1990, ch. 158, § 7; L. 1994, ch. 47, § 2; July 1.
KS Stat § 40-2,136 (2021)
2021 Kansas Statutes|Chapter 40 - Insurance|Article 2 - General Provisions|40-2,136 Same; rules and regulations.

40-2,136. Same; rules and regulations. The commissioner may adopt rules and regulations deemed to be necessary for the implementation and administration of this act.History: L. 1990, ch. 158, § 8; Jan. 1, 1991.