reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-773 Same; conversion into stock company; purchase of stock; notice to members or policyholders of right to purchase; preference; limitation; nonmembers of society.

40-773.
Same; conversion into stock company; purchase of stock; notice to members or policyholders of right to purchase; preference; limitation; nonmembers of society.
If such fraternal benefit society is converting into a stock life insurance company, it shall be the duty of such fraternal benefit society to advise every member or policyholder of the right to subscribe for and purchase the stock of such stock life insurance company and of the amount of such stock for which such member or policyholder is entitled to subscribe and all other terms and conditions. The amount of such capital stock available to each member or policyholder shall be determined as set forth in the plan of proposed conversion. Exercise of such right shall be limited to 90 days after notice. Notice of such right shall be written or printed on a form approved by the commissioner of insurance and shall be given either personally or by mail. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, with postage prepaid, addressed to the member or policyholder at the address as it appears on the records of the society.
No portion of the stock shall be offered for public sale until the membership of the society shall have had preference in the purchase thereof. No one member shall be allowed to subscribe for or purchase more than 25% of the capital stock of the new company if there are other members applying in writing for the purchase of stock whose subscriptions are not filled. If the membership shall not have subscribed for the total capital stock authorized, others who were not members of the society at the time of the conversion may be permitted to subscribe for stock and be allowed equal rights in the ownership thereof with all other stockholders.
History: L. 1988, ch. 154, § 36; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-774 Same; status of corporation upon conversion; reserves on policies issued prior to conversion; succession to rights and property of society; power of commissioner to order divestiture or revaluation.

40-774.
Same; status of corporation upon conversion; reserves on policies issued prior to conversion; succession to rights and property of society; power of commissioner to order divestiture or revaluation.
When any fraternal benefit society shall have complied with the provisions of this act and the other laws of this state regulating the incorporation of life insurance companies and shall receive from the commissioner of insurance its charter or certificate of authority to transact business as a life insurance company, its reorganization and conversion into such company shall be complete. Such reorganized and converted corporation shall be deemed in law to have all the rights, privileges, powers and authority of any other corporation organized for doing a life insurance business in the state of Kansas and be controlled by the laws applying thereto. Such reorganized and converted corporation shall be obligated to maintain reserves attributable to policies or certificates of insurance issued prior to such conversion on the respective bases provided in such policies or certificates of insurance or in the laws applicable at their respective dates of issue, but in no event on a basis providing lower reserves than the national fraternal congress table of mortality with interest assumed at the rate of 4% per annum.
The new corporation shall be deemed in law to be a continuation of the business of the fraternal benefit society when the reorganization and conversion shall have been accomplished by the formation of a new company or by amendment to its former charter, and such reorganized corporation shall succeed to and become invested with all and singular the rights, privileges, franchises, and all property, real, personal, or mixed of the former society, and all debts due on any account and all other things and choses in action, theretofore belonging to such fraternal benefit society, and all property rights, privileges, franchises, and all other interest shall thereafter be as effectually the property of such organized and converted corporation as they were the property of the former fraternal benefit society, and the title to any real estate by deed or otherwise vested in the former fraternal benefit society shall forthwith vest in such organized converted corporation, and the title thereto shall not in any way be impaired by reason of such change or reincorporation. The commissioner of insurance shall have the power and authority to require such converted company to dispose of or revalue any security, investment or asset regarded as ineligible for the converted company upon reasonable notice and terms to such converted company.
History: L. 1988, ch. 154, § 37; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-775 Same; preservation of rights of members, policyholders and creditors of society as obligations of new corporation; appointment of commissioner as process agent.

40-775.
Same; preservation of rights of members, policyholders and creditors of society as obligations of new corporation; appointment of commissioner as process agent.
The rights of all members, policyholders and creditors, and the standing of all claims under the former fraternal benefit society shall be preserved unimpaired under the new corporation, and all debts, liabilities and duties of the former fraternal benefit society shall thenceforth attach to the reorganized corporation and may be enforced against it to the same extent as if the debts and liabilities had been incurred or contracted by the new corporation, and all outstanding benefit certificates or policies issued by the fraternal benefit society shall be valid obligations of the new corporation without the issuance of new policies. There shall be filed an instrument appointing the commissioner of insurance and the commissioner's successor or successors in office the true and lawful attorney of such company for service of process, containing the same provisions and having the same effect as the instrument required by K.S.A. 40-777.
History: L. 1988, ch. 154, § 38; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-776 Same; obligation of new corporation to perform obligations of society; preservation of pending legal actions.

40-776.
Same; obligation of new corporation to perform obligations of society; preservation of pending legal actions.
Such organized and converted corporation shall be obliged to carry out and perform all of the obligations of every kind and character owing by the former fraternal benefit society to the holders of its policies or beneficial certificates, and the same may be enforced against it to the extent as if the policies and benefit certificates had been issued by it after conversion. Any pending actions at law wherein the former fraternal benefit society was a party shall be unaffected by the conversion thereof and shall be prosecuted by or against such reorganized and converted corporation the same as if the conversion had not taken place.
History: L. 1988, ch. 154, § 39; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-777 Appointment of commissioner as process agent; time for society to file pleadings after receiving copy of notice.

40-777.
Appointment of commissioner as process agent; time for society to file pleadings after receiving copy of notice.
Every society authorized to do business in this state shall appoint in writing the commissioner of insurance as agent for service of process as provided in K.S.A. 40-218, and amendments thereto. No such service shall require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner herein provided.
History: L. 1988, ch. 154, § 40; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-778 Review of commissioner's decisions.

40-778.
Review of commissioner's decisions.
All decisions and findings of the commissioner of insurance made under the provisions of this act shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.
History: L. 1988, ch. 154, § 41; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-779 Penalties for violations.

40-779.
Penalties for violations.
(a) A person who knowingly makes any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining money from or a benefit in any society shall, upon conviction, be fined not less than $100 nor more than $500, or imprisoned in the county jail not less than 30 days nor more than one year, or both.
(b) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this act, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
(c) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall, upon conviction, be fined not less than $50 nor more than $200.
(d) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this act for which a penalty is not otherwise prescribed shall, upon conviction, be subject to a fine not exceeding $200.
History: L. 1988, ch. 154, § 42; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-780 Application of act to exempted societies and organizations; information required by commissioner.

40-780.
Application of act to exempted societies and organizations; information required by commissioner.
(a) Nothing contained in this act shall be construed to affect or apply to societies and organizations exempted by K.S.A. 40-202, and amendments thereto.
(b) The commissioner of insurance may require from any society or association, by examination or otherwise, such information as will enable the commissioner to determine whether such society or association is exempt from the provisions of this act.
History: L. 1988, ch. 154, § 43; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-781 Rules and regulations.

40-781.
Rules and regulations.
The commissioner of insurance may adopt such rules and regulations as are reasonable, necessary and incidental to the enforcement and administration of the provisions of this act.
History: L. 1988, ch. 154, § 44; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 7 - Fraternal Benefit Societies › 40-782 Severability of act.

40-782.
Severability of act.
If any section, paragraph, sentence or phrase of this act shall be declared unconstitutional or void for any reason, such fact shall not in any way affect the remaining sections, paragraphs, sentences or phrases of this act, but the same shall continue in full force and effect.
History: L. 1988, ch. 154, § 45; January 1, 1989.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 8 - Burial Insurance › 40-806 Continued transactions by burial insurance corporations engaging in business on January 1, 1961; conditions; limitation on risks.

40-806.
Continued transactions by burial insurance corporations engaging in business on January 1, 1961; conditions; limitation on risks.
Any corporation already organized under the laws of this state and transacting the business of burial insurance on January 1, 1961, may continue the transaction of such business as provided by the laws of this state prior to the effective date of this act, except that such corporation may write burial insurance in an amount not exceeding three thousand dollars ($3,000) on any one life. If and when such a corporation alters its capital structure it must then comply with all of the requirements relating to capital stock life insurance companies organized under other provisions of the insurance code of the state of Kansas.
History:
L. 1961, ch. 234, § 1; L. 1979, ch. 140, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-902 Deposit of securities by stock insurance company.

40-902.
Deposit of securities by stock insurance company.
Every stock fire insurance company organized under the laws of this state, shall deliver to the commissioner of insurance cash or securities of the kinds in which such a company is permitted to invest its funds under the provisions of this code, in an amount equal to not less than the minimum capital stock required of such a company by the preceding section, and such cash or securities shall be deposited pursuant to K.S.A. 40-229a for the benefit of its policyholders and creditors.
History:
L. 1927, ch. 231, 40-902; L. 1969, ch. 237, § 4; L. 1996, ch. 25, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-905 Statement of value in policy; evidence of ownership of property; exceptions.

40-905.
Statement of value in policy; evidence of ownership of property; exceptions.
(a) (1) Whenever any policy of insurance or an increase in the amount of coverage in an existing policy of insurance shall be written to insure any improvements upon real property in this state against loss by fire, tornado, windstorm or lightning, and the property insured shall be wholly destroyed, without criminal fault on the part of the insured or the insured's assigns, the amount of insurance written in such policy shall be taken conclusively to be the true value of the property insured, and the true amount of loss and measure of damages, and the payment of money as a premium for insurance shall be prima facie evidence that the party paying for such insurance is the owner of the property insured.
(2) Improvements on real property shall not be required to be insured for more than the reasonably estimated replacement cost of such improvements. Nothing herein shall prohibit a policy or endorsement to a policy as described in this subsection from containing an inflation guard provision or similar provision. Nothing in this section shall be deemed to create a private cause of action. For the purposes of this paragraph, "improvements on real property" means a fixture, building or other structure attached to real property and intended as a permanent addition to such real property.
(b) The provisions of subsection (a) shall not apply to:
(1) New policies of fire insurance or existing policies of fire insurance where there has been an increase in the amount of coverage of 25% or more, until such policies have been in effect for at least 60 days. If there is a total loss by fire within the sixty-day period and the insurer pays less than the face value of the policy, the insurer shall refund the difference in premium between the amount of insurance purchased and the premium applicable for the amount of the loss actually paid. This paragraph shall not apply to a loss by fire caused by lightning.
(2) Builder's risk policies of insurance covering property in the process of being constructed. The value of the property insured shall be the actual value of the property at the time of the loss.
History:
L. 1927, ch. 231, 40-905; L. 1981, ch. 192, § 1; L. 2005, ch. 163, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-906 Inspection and description of premises.

40-906.
Inspection and description of premises.
It shall be the duty of every person, corporation, association, partnership, company or individual issuing any policy insuring real property of any description against loss by fire or any of the risks usually insured against in their insurance policies, by itself or its agents, to make careful examination of the premises insured, and to place in such policy a full, complete and correct description of the property or premises insured thereby; and no failure to properly and fully describe such property or premises, nor any erroneous statement in the description of such property or premises, shall be a defense in any action to collect for loss thereon or thereunder when such description shall be sufficient to enable a person of ordinary intelligence to find and fully identify the property or premises upon which said insurance was written and upon which premiums have been paid, and this notwithstanding any provisions contained in the policy.
History:
L. 1927, ch. 231, 40-906; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-907 Vacancy of premises.

40-907.
Vacancy of premises.
Any condition or stipulation in an application, policy or contract of fire insurance hereafter made making the policy void in case the insured premises become vacant, shall not prevent recovery on such policy if it shall be shown by the plaintiff that the insured premises had ceased to be vacant and were occupied at the time of the loss.
History:
L. 1927, ch. 231, 40-907; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-908 Attorney fees in certain actions.

40-908.
Attorney fees in certain actions.
That in all actions now pending, or hereafter commenced in which judgment is rendered against any insurance company on any policy given to insure any property in this state against loss by fire, tornado, lightning or hail, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney's fee for services in such action including proceeding upon appeal to be recovered and collected as a part of the costs: Provided, however, That when a tender is made by such insurance company before the commencement of the action in which judgment is rendered and the amount recovered is not in excess of such tender no such costs shall be allowed.
History: L. 1927, ch. 231, 40-908; L. 1929, ch. 199, § 1; L. 1967, ch. 257, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-924 Proof of loss by fire or tornado; insurer to furnish blanks and directions.

40-924.
Proof of loss by fire or tornado; insurer to furnish blanks and directions.
In case of destruction or damage of property by fire or tornado where the same is insured against fire or tornado, it shall be the duty of the insuring company or companies, within ten days after receiving notice thereof and upon written request, to furnish to the insured proper blanks upon which to make the required proof of such loss with full directions as to what proof is required, and if any such company fails to comply with this section the failure of the insured to make proper proof of loss prior to the suit shall be no defense to a suit upon the policy, and in all cases the insured shall have a reasonable time in which to make such proof after the blanks and directions are received: Provided, however, That the furnishing of such blanks and directions shall in no wise be construed as an admission of liability by the insuring company or companies.
History:
L. 1931, ch. 213, § 1; March 16.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-938 Same; false or misleading information; penalties.

40-938.
Same; false or misleading information; penalties.
No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this act. If the commissioner finds that any person or organization has violated this section, the commissioner, after notice and the opportunity for hearing, may impose a penalty of not more than $500 for each such violation. If the commissioner determines that such violation was willful, the commissioner may impose a penalty of not more than $2,000 for each such violation. Such penalties may be in addition to any other penalty provided by law.
History:
L. 1947, ch. 278, § 14; L. 1997, ch. 24, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-951 Fire and casualty insurance rates; purpose of act.

40-951.
Fire and casualty insurance rates; purpose of act.
The purpose of this act is to:
(a) Protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates;
(b) encourage, as the most effective way to produce rates that conform to the standards of paragraph (a), independent action by and reasonable price competition among insurers;
(c) provide formal regulatory controls for use if independent action and price competition fail;
(d) authorize cooperative action among insurers in the rate making process, and to regulate such cooperation in order to prevent practices that tend to bring about monopoly or to lessen or destroy competition;
(e) encourage the most efficient and economic marketing practices; and
(f) regulate the business of insurance in a manner that will preclude application of federal antitrust laws.
History:
L. 1997, ch. 154, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-953 Same; excessive, inadequate or unfairly discriminatory rates or rates resulting in destruction of competition, standards.

40-953.
Same; excessive, inadequate or unfairly discriminatory rates or rates resulting in destruction of competition, standards.
Rates shall not be excessive, inadequate or unfairly discriminatory, nor shall an insurer charge any rate which if continued will have or tend to have the effect of destroying competition or creating a monopoly. Rates are presumed not to be excessive if a reasonable degree of market competition exists at the consumer level with respect to the class of business to which they apply. Rates in a noncompetitive market are excessive if they are producing or are likely to produce unreasonably high profits for the insurance provided or if expenses are unreasonably high in relation to services rendered. A competitive market in a type of insurance subject to this act is presumed to exist unless the commissioner after notice of hearing determines and orders that a reasonable degree of competition does not exist in the market. Such order shall expire no later than one year after issuance unless the commissioner renews the rule after a hearing and a finding of the continued lack of a reasonable degree of competition. In determining whether a reasonable degree of market competition exists, the commissioner shall consider all relevant tests, including: (1) The number, market share, and concentration of insurers, as measured by the 1992 horizontal merger guidelines published in the Federal Register September 10, 1992 (57 FR 41552), actively engaged in the class of business; (2) the existence of rate differentials in that class of business; (3) ease of entry into the market; and (4) whether long-run profitability for insurers in that class of business is unreasonably high in relation to its riskiness. If such competition does not exist, rates are excessive if they are likely to produce a long run profit that is unreasonably high in relation to the riskiness of the class of business, or if expenses are unreasonably high in relation to the services rendered.
Rates are inadequate if they are clearly insufficient, together with the investment income attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise, mass marketed plan or blanket policy.
History:
L. 1997, ch. 154, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-955b ate filings; premium variance, when allowed.

40-955b.
R
ate filings; premium variance, when allowed.
(a) Insurers may increase or decrease premiums on a given risk basis without documentation up to 40% based on any factor, except the rate adjustment made pursuant to this section cannot:
(1) Be based upon the race, creed, national origin or religion of the insured.
(2) Apply to insurance covering:
(A) Risks of a personal nature, including insurance for homeowners, tenants, private passenger nonfleet automobiles, mobile homes and other property and casualty insurance for personal, family or household needs;
(B) farms and ranches, including crop insurance;
(C) workers compensation; or
(D) coverage required by K.S.A. 40-3401 et seq., and amendments thereto.
(b) By rules and regulations adopted in accordance with the rules and regulations filing act, the commissioner of insurance may broaden the range of plus or minus 40% for any line or type of insurance subject to K.S.A. 40-955, and amendments thereto, if the commissioner of insurance finds that the:
(1) Utilization of this section by the insurance industry has produced a significant number of rate modifications at or near the upper limit and at the lower limit of the allowable range of modification; and
(2) modifiers at and near the upper and lower limits of the allowable range of modification appear to be predominantly correlated with individual risk factors that relate to expected losses and expenses.
(c) By rules and regulations adopted in accordance with the rules and regulations filing act, the commissioner of insurance may reduce the range of plus or minus 40% for any line or type of insurance subject to K.S.A. 40-955, and amendments thereto, if the commissioner of insurance finds that modifiers at or near the upper or lower limits of the allowable range of modification are not predominantly correlated with individual risk factors that relate to expected losses and expenses, but such reduction shall not reduce the range to less than plus or minus 25%.
(d) Any insurer aggrieved by the commissioner's findings pursuant to this section may appeal the same pursuant to the Kansas administrative procedure act.
History:
L. 2006, ch. 130, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-957 Same; advisory organizations; required filings; insurers and rating organizations prohibited from relying on statistics, when.

40-957.
Same; advisory organizations; required filings; insurers and rating organizations prohibited from relying on statistics, when.
(a) Every group, association or other organizations of insurers, whether located within or outside this state, assisting insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this act, shall be known as an advisory organization.
(b) Every advisory organization shall file with the commissioner: (1) A copy of its constitution, articles of agreement or association, its certificate of incorporation and its bylaws, rules and regulations governing its activities; (2) a list of its members; (3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at the commissioner's direction may be served, with its written agreement to accept such notices or service; and (4) an agreement the commissioner may examine such advisory organization in accordance with this act.
(c) If, after a hearing, the commissioner finds the furnishing of such information or assistance involves an act or practice which is unfair or unreasonable or otherwise inconsistent with this act or the insurance laws of this state, the commissioner may issue a written order requiring the discontinuance of the act or practice. No insurer or rating organization shall support its filings by statistics or adopt rate making recommendations furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner issued under this section. If the commissioner finds such insurer or rating organization to be in violation of this subsection the commissioner may issue an order requiring the discontinuance of such violation.
History:
L. 1997, ch. 154, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-958 Same; deviations from rating organization filings.

40-958.
Same; deviations from rating organization filings.
Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization, except any such insurer may make independent filings or may deviate from the manual of classifications, rules and rates or rating plans filed by the rating organization for a kind of insurance, or a subdivision thereof, by filing notice of intent to do so with the commissioner. Those deviations shall take effect upon filing such notice, except for those lines which require prior approval of the commissioner, in which case they shall become effective on approval by the commissioner or 30 days after the notice is filed with the commissioner, whichever is sooner.
History:
L. 1997, ch. 154, § 8; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-959 Same; appeal of rating organization decision; hearing; order.

40-959.
Same; appeal of rating organization decision; hearing; order.
Any member of or subscriber to a rating organization may appeal to the commissioner from the decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner, after a hearing, shall issue an order approving the decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, the commissioner may, in the event the commissioner finds such action or decision was unreasonable or unfair, issue an order directing the rating organization to make an addition to its filing, on behalf of its members and subscribers, in a manner consistent with the commissioner's findings, within a reasonable time after the issuance of such order.
History:
L. 1997, ch. 154, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-960 Same; information to be furnished insureds; grievance procedures; appeals to commissioner.

40-960.
Same; information to be furnished insureds; grievance procedures; appeals to commissioner.
Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor, shall furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate. Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by authorized representative, on written request to review the manner in which such rating system has been applied in connection with the insurance afforded such person. If the rating organization or insurer fails to grant or reject such request within 30 days after it is made, the applicant may proceed in the same manner as if such application has been rejected. Any party affected by the action of such rating organization or such insurer on such request, within 30 days after written notice of such action, may appeal to the commissioner, who, after a hearing, may affirm or reverse such action.
History:
L. 1997, ch. 154, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-961 Same; statistical plans for reporting loss and expense data; rules and regulations.

40-961.
Same; statistical plans for reporting loss and expense data; rules and regulations.
(a) The commissioner shall develop statistical plans which shall be used by each insurer in the recording and reporting of its loss and expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid the commissioner in determining whether rating systems comply with the standards set forth in this act. Such plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state. In promulgating such plans, the commissioner shall give due consideration to the rating systems on file with the commissioner and, in order that such plans may be as uniform as is practicable among the several states, to the form of the plans used for such rating systems in other states. The commissioner may designate one or more rating organizations or other agencies to assist the commissioner in gathering such experience and making compilations thereof, and such compilations shall be made available, by the commissioner to insurers and rating organizations.
(b) Reasonable plans may be developed by the commissioner for interchange of data necessary for the application of rating plans.
(c) In order to further uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems.
(d) The commissioner may make reasonable rules and regulations necessary to effect the purposes of this act.
History:
L. 1997, ch. 154, § 11; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-962 Same; withholding or giving false or misleading information prohibited.

40-962.
Same; withholding or giving false or misleading information prohibited.
No person or organization shall willfully withhold information from, or knowingly give false or misleading information to the commissioner, any statistical agency designated by the commissioner, any rating organization or any insurer, which will affect the rates or premiums chargeable under this act.
History:
L. 1997, ch. 154, § 12; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-963 Same; violations; penalties.

40-963.
Same; violations; penalties.
The commissioner, if the commissioner finds any person or organization has violated any provision of this act, may impose a penalty of not more than $500 for each violation, but, if the commissioner finds such violation to be willful, may impose a penalty of not more than $2,000 for each such violation. Such penalties may be in addition to any other penalty provided by law. The commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant.
History:
L. 1997, ch. 154, § 13; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-964 Same; hearings under administrative procedure act.

40-964.
Same; hearings under administrative procedure act.
Any hearing required or requested under this act shall be conducted in accordance with the Kansas administrative procedure act.
History:
L. 1997, ch. 154, § 14; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-965 Same; review of commissioner's actions; rates pending final determination of court.

40-965.
Same; review of commissioner's actions; rates pending final determination of court.
The filing of a petition for review of any action of the commissioner under this act, shall act as a stay of any such action, if it provides for a change in any rating system resulting in an increase or decrease in premiums. Any insurer affected by such order may continue to charge rates which obtained prior to the commissioner's order to increase or decrease rates, on condition that the difference in premiums shall be deposited with the commissioner of insurance by the insurer and, on the final determination of the suit, shall be paid by the commissioner to the insurer if the court shall find the insurer entitled to it, or to the holders of policies written by the insurer, after the rate complained of was ordered by the commissioner as the court may deem just and equitable. The court, at its discretion, in lieu of such deposit, may require of the insurer a bond with such sureties and in such sum as the court may approve.
History:
L. 1997, ch. 154, § 15; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-966 Premiums; account charged in accordance with act; rebates and other inducements prohibited.

40-966. Premiums; account charged in accordance with act; rebates and other inducements prohibited.
(a) No broker or producer shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the provisions of this act. No insurer or employee thereof and no broker or producer shall pay, allow, give, offer to pay, or allow to give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing or otherwise permitted by law. No insured named in a policy of insurance, or any employee of such insured shall knowingly receive or accept directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or valuable consideration or inducement. Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholder, members or subscribers, dividends, savings or unabsorbed premium deposits.
(b) As used in this section, "insurance" includes suretyship and "policy" includes bond.
History:
L. 1997, ch. 154, § 16; L. 2022, ch. 21, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-967 Same; severability.

40-967.
Same; severability.
If any section, subsection, subdivision, paragraph, sentence or clause of this act is held invalid or unconstitutional, such decision shall not affect the remaining portions of this act.
History:
L. 1997, ch. 154, § 17; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-970 Property/casualty flex-rating regulatory improvement act; rate increase or decrease, limitation on.

40-970.
Property/casualty flex-rating regulatory improvement act; rate increase or decrease, limitation on.
Notwithstanding the requirements of K.S.A. 40-952 and 40-955, and amendments thereto, a filing made by an insurer for personal insurance under this section that provides for an overall statewide rate increase or decrease of no more than 12% in the aggregate for all coverages that are subject to the filing may take effect the date it is filed. The 12% limitation shall not apply on an individual insured basis. No more than one rate filing may be made by an insurer pursuant to the expedited process provided in this section during any period of 12 consecutive months, unless the combination of such rate filing and all other rate filings made by such insurer within the preceding period of 12 consecutive months does not result in an overall statewide increase or decrease of more than 12% in the aggregate for all coverages that are subject to such filing.
History:
L. 2008, ch. 144, § 2; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-971 Same; rates in excess of limitation of preceding section.

40-971.
Same; rates in excess of limitation of preceding section.
Any rate filing which falls outside the limitations specified in K.S.A. 40-970, and amendments thereto, shall be subject to K.S.A. 40-952 and 40-955, and amendments thereto, unless such filing is otherwise exempt pursuant to another provision of Chapter 40 of the Kansas Statutes Annotated, and acts amendatory thereof and supplemental thereto.
History:
L. 2008, ch. 144, § 3; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-972 Same; procedure; duties of commissioner.

40-972.
Same; procedure; duties of commissioner.
(a) Any filing submitted pursuant to K.S.A. 40-970, and amendments thereto, shall be deemed to comply with state law unless the commissioner determines that the filing is inadequate or unfairly discriminatory. If the commissioner determines that the filing is inadequate or unfairly discriminatory, the commissioner shall issue a written order specifying in detail:
(1) Each provision of Chapter 40 of the Kansas Statutes Annotated, and acts amendatory thereof and supplemental thereto, the insurer has violated;
(2) the reasons the filing is inadequate or unfairly discriminatory; and
(3) stating a reasonable future date on which the filing shall be considered no longer effective.
(b) If the commissioner issues an order pursuant to this section more than 30 days after the date on which the commissioner received the rate filing, the effect of such order shall be prospective only and shall not affect any contract issued or made before the effective date of such order.
History:
L. 2008, ch. 144, § 4; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-973 Same; effect on existing policy, limitation on

40-973.
Same; effect on existing policy, limitation on
. Within the limitation specified in K.S.A. 40-970, and amendments thereto, no rate increase may be implemented with regard to an individual existing policy, unless such increase is applied at the time of a renewal or conditional renewal of an existing policy and the insurer mails or delivers to the named insured, at the address shown in the policy, a written notice that clearly and conspicuously discloses its intention to change the rate, at least 30 days in advance of the end of the insured's policy period. A notice of renewal or conditional renewal that clearly and conspicuously discloses the renewal premium applicable to the policy shall be deemed to comply with this section.
History:
L. 2008, ch. 144, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-974 Same; definitions.

40-974.
Same; definitions.
For purposes of K.S.A. 40-970 through 40-975:
(a) "Commissioner" means the commissioner of insurance.
(b) "Personal insurance" shall have the meaning ascribed to it in K.S.A. 40-5103(l), and amendments thereto.
(c) "Unfairly discriminatory" shall have the meaning ascribed to it in K.S.A. 40-953, and amendments thereto. The term "unfairly discriminatory" includes a rate for a risk that is classified in whole or in part on the basis of race, color, creed or national origin.
History:
L. 2008, ch. 144, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 9 - General Provisions Relating To Fire Insurance Companies › 40-975 Same; citation of act.

40-975.
Same; citation of act.
K.S.A. 40-970 through 40-975, and amendments thereto, shall be known and may be cited as the property/casualty flex-rating regulatory improvement act.
History:
L. 2008, ch. 144, § 7; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 10 - Mutual Fire And Tornado Companies › 40-1001 Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations.

40-1001.
Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations.
Any number of persons not less than twenty-five (25), citizens of this state, each of whom shall be a property owner and who shall own collectively property of not less than one hundred thousand dollars ($100,000) in value in one of the classes as hereinafter set forth, which they desire to have insured, may form an incorporated company for the purpose of the mutual insurance of its members against loss or damage by fire, lightning, tornado, hail or explosion, other than the explosion of steam boilers or the breaking of flywheels, and those classes of coverage included in the extended coverage endorsement as provided in K.S.A. 40-1002. The extended coverage endorsement shall be deemed to include the classes of coverage now or hereafter defined by statute or by ruling of the commissioner of insurance: Provided, Explosion, other than the explosion of steam boilers or the breaking of flywheels, insurance and the classes of coverage included in the extended coverage endorsement shall be written only on property included in the first class under the provisions of K.S.A. 40-1002, and any amendments thereto.
History: L. 1927, ch. 231, 40-1001; L. 1943, ch. 185, § 1; L. 1953, ch. 230, § 1; June 30.