reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-281 Fact-finding hearings by commissioner on any matter relating to insurance; procedure; subpoena; hearing on orders issued by commissioner, Kansas administrative procedure act.

40-281. Fact-finding hearings by commissioner on any matter relating to insurance; procedure; subpoena; hearing on orders issued by commissioner, Kansas administrative procedure act.
(a) The commissioner of insurance is hereby authorized to hold a fact-finding hearing on any matter relating to the business of insurance whenever the commissioner shall have reason to believe that such a proceeding would be in the public interest. The commissioner shall give to all interested parties reasonable notice of any such hearing, and such notice shall contain the time, place and purpose of the hearing. Notice of the hearing may be sent by registered mail, and any hearing held in accordance with notice thereof shall not be affected by the failure of any party to attend or remain in attendance.
(b) At the time and place fixed for such hearing, all interested parties shall have an opportunity to be heard and to present such material as the commissioner deems relevant to the matter at issue, but the observance of formal rules of pleading or evidence at any such hearing shall not be required unless requested by any party subpoenaed to appear at such hearing. The commissioner may adjourn any hearing from time to time by announcement thereof at the hearing.
(c) The commissioner, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents deemed relevant to the inquiry. In case of a refusal of any person to comply with any subpoena issued hereunder or to testify with respect to any matter concerning which such person may be lawfully interrogated, the district court of Shawnee county or the county where such person resides, on application of the commissioner, may issue an order requiring such person to comply with such subpoena and to testify, and any failure to obey any such order of the court may be punished by the court as a contempt thereof. The commissioner may cause to be made a stenographic record of all the evidence and all of the proceedings had at any such hearing.
(d) A person subject to any order, as defined in K.S.A. 77-502, and amendments thereto, issued by the commissioner may request a hearing on such order. If such a request is made, the commissioner shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.
(e) Nothing in this act shall be construed as affecting the filing of rates required by articles 9 and 11 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1967, ch. 266, § 1; L. 2022, ch. 37, § 1; April 14.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-282 Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.

40-282.
Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.
(a) Any insurance agent, as defined in K.S.A. 40-239, and amendments thereto, may extend credit to policyholders in connection with the issuance or servicing of policies procured or negotiated by such agent but any such credit so extended shall satisfy one of the following conditions, unless otherwise authorized by law:
(1) If credit is extended to policyholders for a period of not more than 30 days from the date the premium is due, and such credit is not evidenced by a written instrument, there shall be no interest charged for such credit; or
(2) if credit is extended to policyholders for a period of more than 30 days from the date the premium is due, and such credit is not evidenced by a written instrument, interest may be charged for credit extended after 30 days at a rate not exceeding 1 1/2% per month on the unpaid balance; or
(3) if the extension of credit to a policyholder is evidenced by a written instrument setting forth the terms, and signed by the policyholder, any interest charged for such credit shall be clearly stated in the instrument but it shall not exceed the legal rate of interest authorized in K.S.A. 16-207, and amendments thereto.
(b) Any insurance agent extending credit to policyholders as provided in subsection (a)(1) or (2) of this section may request the company to cancel such insurance according to the terms of the policies for nonpayment of the policyholders' accounts, except as provided in K.S.A. 40-277, and amendments thereto, and except for policies paid by an escrow agent, or paid direct by an insured to an insurance company, or where the insured specified that payment apply to a specific policy and all premiums due on that policy have been paid, or where the unearned premium is collateral for a loan under K.S.A. 40-2601et seq., and amendments thereto.
The insurance agent shall notify the policyholder of the requested cancellation in writing at the time the request is made to the insurance company.
Such insurance agent shall have a lien on any return premium for all policies of the same policyholder to the extent of amounts owed by the policyholder.
History:
L. 1968, ch. 73, § 1; L. 1980, ch. 132, § 1; L. 1984, ch. 166, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-283 Same; interest not subject to certain provisions.

40-283.
Same; interest not subject to certain provisions.
The provisions of K.S.A. 40-252, 40-928 and 40-1113 shall not apply to any interest permitted or required by this act; nor shall such interest be subject to the provisions of any rules or regulations, adopted pursuant to or to carry out the foregoing statutory provisions, and which are in conflict with the provisions of this act.
History: L. 1968, ch. 73, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-283a Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.

40-283a.
Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.
From and after the effective date of this act, no life insurance company authorized to do business in this state nor any insurance agent thereof shall enter into or arrange for an agreement with a purchaser or prospective purchaser of any life insurance policy to finance the cost of any premium or extend credit in the amount of any premium for a term exceeding one year. At the expiration of any such term, such life insurance company or agent may enter into or arrange for a new agreement to finance the cost of any premiums or extend credit in the amount of any premium for an additional term of not to exceed one year.
History:
L. 1976, ch. 213, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-285 Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.

40-285.
Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.
For the purpose of this act, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified herein because of insolvency.
History:
L. 1968, ch. 273, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-286 Same; extent of insurer's insolvency protection.

40-286.
Same; extent of insurer's insolvency protection.
An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within two (2) years after such an accident: Provided, That nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.
History:
L. 1968, ch. 273, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-287 Same; subrogation rights.

40-287.
Same; subrogation rights.
The policy or endorsement affording the coverage specified in K.S.A. 40-284 may further provide that payment to any person of sums as damages under such coverage shall operate to subrogate the insurer to any cause of action in tort which such person may have against any other person or organization legally responsible for the bodily injury or death because of which such payment is made, and the insurer shall be subrogated, to the extent of such payment, to the proceeds of any settlement or judgment that may thereafter result from the exercise of any rights of recovery of such person against any person or organization legally responsible for said bodily injury or death for which payment is made by the insurer. Such insurer may enforce such rights in its own name or in the name of the person to whom payment has been made, as their interest may appear, by proper action in any court of competent jurisdiction.
History:
L. 1968, ch. 273, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-288 Same; provisions of article 22 of chapter 40 not required.

40-288.
Same; provisions of article 22 of chapter 40 not required.
The standard provisions as set out in article 22 of chapter 40, of the Kansas Statutes Annotated, or amendments thereto, shall not be required in the coverage provided by this act.
History:
L. 1968, ch. 273, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-293a Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.

40-293a.
Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.
As soon as possible after the effective date of this act, the director of accounts and reports shall transfer all moneys in the Kansas riot reinsurance reimbursement fund to the state general fund. After such transfer, the Kansas riot reinsurance reimbursement fund is hereby abolished.
History:
L. 1979, ch. 138, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-295 Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.

40-295.
Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.
No insurance company licensed to do business in the state of Kansas shall in the issuance, extension or renewal of any policy or contract of automobile insurance or the acceptance of any application therefor discriminate unfairly solely because of the age of the person to be insured: Provided, That nothing herein shall be construed to interfere with the application of any applicable rate classification with respect to such policy or contract of insurance pursuant to article 11 of chapter 40 of the Kansas Statutes Annotated. Any insurance company violating the provisions of this act shall be subject to the penalties authorized by K.S.A. 40-1120.
History:
L. 1971, ch. 171, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-296 Same; offer of insurance by one of group of affiliated insurors, effect.

40-296.
Same; offer of insurance by one of group of affiliated insurors, effect.
An offer of insurance by any one of a group of affiliated insurors shall constitute compliance with this act on behalf of an insurance company and all of its affiliates: Provided, however, That the premium charged in the affiliate company shall be at no higher rate than the then current rate charged by the affiliate company for such classification.
History:
L. 1971, ch. 171, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-297 Same; group of affiliated insurors defined.

40-297.
Same; group of affiliated insurors defined.
The term "group of affiliated insurors" as used in K.S.A. 40-296 shall mean two or more insurance companies which are under substantially the same management and/or financial control.
History:
L. 1971, ch. 171, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-298 Sale of insurance in connection with sale and financing of automobile; definitions.

40-298. Sale of insurance in connection with sale and financing of automobile; definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Automobile dealer" means a new vehicle dealer or a used vehicle dealer as defined by K.S.A. 8-126, and amendments thereto;
(b) "Automobile" means a passenger vehicle as defined by K.S.A. 8-126, and amendments thereto;
(c) "Dealer" means any automobile dealer or lending agency;
(d) "Lending agency" means any person engaged in the business of financing or lending money to any person to be used in the purchase or financing of a motor vehicle; and
(e) "Person" means any individual, partnership, corporation or other association of persons.
History:
L. 1972, ch. 178, § 1; L. 2013, ch. 92, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-299 Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.

40-299.
Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.
Whenever any dealer, or any agent, officer or employee of such dealer, who also is an insurance agent, as defined by K.S.A. 40-239, shall provide only for automobile physical damage insurance in connection with the sale and financing of an automobile, such dealer, agent, officer or employee also must obtain a written acknowledgment by the purchaser of the automobile that the insurance coverage so provided for such automobile does not include automobile liability insurance sufficient to fulfill the requirements of the Kansas automobile injury reparations act. Such acknowledgment shall be made in the manner and form prescribed by the commissioner of insurance, and a copy thereof shall be furnished the purchaser. The insurance agent's license of any such dealer, agent, officer or employee who fails to obtain the acknowledgment required herein shall be subject to suspension or revocation by the commissioner pursuant to the provisions of K.S.A. 40-242.
History: L. 1972, ch. 178, § 2; L. 1974, ch. 187, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,100 Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.

40-2,100.
Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.
Notwithstanding any provision of any individual, group or blanket policy of accident and sickness, medical or surgical expense insurance coverage or any provision of a policy, contract, plan or agreement for medical service, issued on or after the effective date of this act, whenever such policy, contract, plan or agreement provides for reimbursement or indemnity for any service which is within the lawful scope of practice of any practitioner licensed under the healing arts act of this state, reimbursement or indemnification under such policy contract, plan or agreement shall not be denied when such services are performed by an optometrist, dentist or podiatrist acting within the lawful scope of their license.
History:
L. 1973, ch. 194, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 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.

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.
Notwithstanding any provision of any individual, group or blanket policy of accident and sickness, medical or surgical expense insurance coverage or any provision of a policy, contract, plan or agreement for medical service, issued on or after the effective date of this act, whenever such policy, contract, plan or agreement provides for reimbursement or indemnity for any service which is within the lawful scope of practice of any practitioner licensed under the Kansas healing arts act, reimbursement or indemnification under such policy contract, plan or agreement shall not be denied when such service is rendered by any such licensed practitioner within the lawful scope of his license.
History:
L. 1973, ch. 195, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,103 Application of designated statutes.

40-2,103. Application of designated statutes.
The requirements of K.S.A. 40-2,100, 40-2,101, 40-2,102, 40-2,104, 40-2,105, 40-2,114, 40-2,160, 40-2,165 through 40-2,170, 40-2250, K.S.A. 40-2,105a, 40-2,105b, 40-2,184, 40-2,190, 40-2,194 and 40-2,210 through 40-2,216, and amendments thereto, shall apply to all insurance policies, subscriber contracts or certificates of insurance delivered, renewed or issued for delivery within or outside of this state or used within this state by or for an individual who resides or is employed in this state.
History:
L. 1974, ch. 190, § 5; L. 1984, ch. 168, § 1; L. 1989, ch. 133, § 1; L. 1990, ch. 162, § 4; L. 1991, ch. 129, § 1; L. 1996, ch. 96, § 2; L. 1999, ch. 128, § 5; L. 1999, ch. 162, § 3; L. 2001, ch. 178, § 4; L. 2010, ch. 120, § 4; L. 2011, ch. 111, § 9; L. 2014, ch. 62, § 7; L. 2018, ch. 98, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,104 Insurance coverage to include reimbursement for services performed by licensed psychologist.

40-2,104.
Insurance coverage to include reimbursement for services performed by licensed psychologist.
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 psychologist 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 irrespective of whether it was provided or performed by a duly licensed physician or a duly licensed psychologist.
History:
L. 1974, ch. 189, § 1; L. 1986, ch. 299, § 7; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.

40-2,105b.
Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.
On and after January 1, 2002, any group health insurance policy, nonprofit medical and hospital service corporation contract, fraternal benefit society, health maintenance organization, municipal group funded pool and state employee benefit program which provides coverage for prescription drugs, other than prescription drugs administered in a hospital or physician's office shall provide coverage for psychotherapeutic drugs used for the treatment of mental illness under terms and conditions no less favorable than coverage provided for other prescription drugs.
History:
L. 2001, ch. 178, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,105c Same; exemption.

40-2,105c.
Same; exemption.
The provisions of K.S.A. 40-2249a, and amendments thereto, shall not apply to this act.
History:
L. 2001, ch. 178, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,105d Citation of act.

40-2,105d.
Citation of act.
K.S.A. 40-2,105a, 40-2,105b and 40-2,105c, and amendments thereto, shall be known as the Kansas mental health parity act.
History:
L. 2001, ch. 178, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,106 Definitions.

40-2,106.
Definitions.
For the purposes of this act: (1) "Independent insurance agent" means any licensed agent representing an insurance company on an independent contractor basis and not as an employee. This term shall include only those agents not obligated by contract to place insurance accounts with any insurance company or group of companies.
(2) "Insurance company" means any property or casualty insurance company admitted to the state of Kansas, except the term shall not include any company which requires membership in the company, as contained in the articles of incorporation or bylaws of such company, as a prerequisite to insuring that member.
(3) "Commissioner" means the commissioner of insurance.
History:
L. 1977, ch. 163, § 1; L. 1982, ch. 199, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,107 Minimum notice requirements for cancellation of insurance agency contract by insurance company.

40-2,107.
Minimum notice requirements for cancellation of insurance agency contract by insurance company.
(a) Insurance companies may contract with independent insurance agents as to binding authority, policy services, adjusting services, commissions and other subjects of interest between agent and company. Such contracts which have been effective for more than one year shall not be terminated or amended by the company except by mutual agreement or unless 180 days' prior notice has been tendered to the agent, except that this shall not apply to terminations for fraud, material misrepresentation or failure to pay such agent's account less the agent's commission and any disputed items within 10 days after written demand by the company. During such notice period all contractual conditions existing prior to such notice shall continue.
(b) Any independent insurance agent whose contract with an insurance company has been terminated under the provisions of subsection (a) shall have until the policy renewal date, but not more than one year, to place the business written under such terminated contract with another insurance company.
History:
L. 1977, ch. 163, § 2; L. 1982, ch. 199, § 2; L. 1985, ch. 161, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,108 Same; rules and regulations by commissioner.

40-2,108.
Same; rules and regulations by commissioner.
The commissioner shall promulgate such rules and regulations as are necessary to carry out the provisions of this act. Violations of this act shall be violations of the unfair trade practices act, K.S.A. 40-2407 and 40-2411. This act shall not apply if the commissioner determines nonrenewal or policy limitation is necessary to preserve insurance company solvency or protect policyholders interests.
History:
L. 1977, ch. 163, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,109 Mental or physical handicaps; rate discrimination prohibited; enforcement.

40-2,109.
Mental or physical handicaps; rate discrimination prohibited; enforcement.
(a) No insurance company shall charge unfair discriminatory premiums, policy fees or rates for, or refuse to provide, any policy or contract of life insurance, life annuity or policy containing disability coverage for a person solely because the applicant therefor has a mental or physical handicap unless the rate differential, or refusal to provide, is based on sound actuarial principles or is related to actual or reasonably anticipated experience. No insurance company shall unfairly discriminate in the payments of dividends, other benefits payable under a policy, or in any of the terms and conditions of such policy or contract solely because the owner of the policy or contract has a mental or physical handicap unless the difference is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
(b) Nothing in this section shall be construed as requiring an insurance company to provide insurance coverage against a mental or physical handicap which the applicant or policyholder has already sustained.
(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. 1978, ch. 169, § 1; L. 1980, ch. 133, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,110 Reporting fire losses; rules and regulations; report forms.

40-2,110.
Reporting fire losses; rules and regulations; report forms.
(a) Every property or casualty insurance company transacting business in this state shall file with the state fire marshal, directly or through a reporting service, a monthly report of each fire loss paid which exceeds five hundred dollars ($500) and an annual report setting forth the total number of fire losses and the total amount of losses paid.
(b) The state fire marshal shall adopt rules and regulations prescribing the contents of the reports required to be filed pursuant to the provisions of subsection (a) and prescribing the time for filing such reports. The state fire marshal shall make report forms available upon request.
History:
L. 1980, ch. 136, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 2 - General Provisions › 40-2,111 Definitions.

40-2,111. Definitions.
As used in K.S.A. 40-2,111 through 40-2,113, and amendments thereto: (a) "Adverse underwriting decision" means: Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten:
(1) A declination of insurance coverage;
(2) a termination of insurance coverage;
(3) an offer to insure at higher than standard rates, with respect to life, health or disability insurance coverage; or
(4) the charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished, with respect to property or casualty insurance coverage.
(b) "Declination of insurance coverage" means a denial, in whole or in part, by an insurance company or agent of requested insurance coverage.
(c) "Health care institution" means any medical care facility, adult care home, drug abuse and alcoholic treatment facility, home-health agency certified for federal reimbursement, mental health center or mental health clinic licensed by the secretary for aging and disability services, kidney disease treatment center, county, city-county or multicounty health departments and health-maintenance organization.
(d) "Health care provider" means any person licensed to practice any branch of the healing arts, licensed dentist, licensed professional nurse, licensed practical nurse, licensed advanced practice registered nurse, licensed optometrist, licensed physical therapist, licensed social worker, licensed physician assistant, licensed podiatrist or licensed psychologist.
(e) "Institutional source" means any natural person, corporation, association, partnership or governmental or other legal entity that provides information about an individual to an agent or insurance company, other than:
(1) An agent;
(2) the individual who is the subject of the information; or
(3) a natural person acting in a personal capacity rather than a business or professional capacity.
(f) "Insurance transaction" means any transaction involving insurance, but not including group insurance coverage, primarily for personal, family or household needs rather than business or professional needs.
(g) "Medical-record information" means personal information which:
(1) Relates to an individual's physical or mental condition, medical history or medical treatment; and
(2) is obtained from a health care provider or health care institution, from the individual, or from the individual's spouse, parent or legal guardian.
(h) "Termination of insurance coverage" or "termination of an insurance policy" means either a cancellation, nonrenewal or lapse of an insurance policy, in whole or in part, for any reason other than:
(1) The failure to pay a premium as required by the policy; or
(2) at the request or direction of the insured.
History:
L. 1981, ch. 190, § 1; L. 1986, ch. 299, § 9; L. 2000, ch. 162, § 15; L. 2003, ch. 128, § 18; L. 2011, ch. 114, § 52; L. 2014, ch. 115, § 185; July 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; January 1, 1985.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.