reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1503 Application for insurance; premium; insured as members of company.

40-1503.
Application for insurance; premium; insured as members of company.
Any person desiring insurance shall make application on blanks furnished by the company, and shall pay the annual premium in cash or by giving a note. If a note be given it shall be a lien on the property insured, when recorded as chattel mortgages are recorded. Every person who effects insurance in any company organized under the provisions of this article, and also their heirs, executors, administrators and assigns, continuing to be so insured, shall thereby become members of the company during the period of insurance, and shall be bound to pay for losses and such expenses as accrue to the company and to maintain the reserve fund hereinafter required in proportion to the amount of the annual premium paid by such person. In companies organized under the provisions of this article all notes taken by them in consideration of premiums on their policies shall be assessable and collectible in part or in whole for the purpose of paying all losses and expenses that may accrue to the company and maintain the reserve fund hereinafter required: Provided, however, That such expenses shall in no event exceed fifty percentum of the premiums received by the company in cash and notes.
History:
L. 1927, ch. 231, 40-1503; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1504 Assessments; adjustment and payment of losses; losses paid when adjusted, when.

40-1504.
Assessments; adjustment and payment of losses; losses paid when adjusted, when.
The directors of every such company on the first day of August of each year, or as soon thereafter as practicable, shall meet and review all adjustments and determine the rate of assessment necessary to pay all losses and expenses in full, and to maintain the reserve fund hereinafter required, and shall levy such assessment at once. All assessments shall be due at the home office of the company not later than thirty days after the date such assessment is made. All losses shall be adjusted by the company promptly upon receipt of notice thereof, in compliance with the provisions of such policy, and all adjusted losses shall be paid prior to December 1. Any company may pay its losses as soon as adjusted if such company shall have submitted its plan for payment of such losses together with all of its reinsurance contracts and a current financial statement to the commissioner of insurance, and shall have secured the written approval of such plan. The commissioner shall not approve any plan unless it is clearly indicated that the company will be able to meet all of its obligations when due.
History: L. 1927, ch. 231, 40-1504; L. 1953, ch. 232, § 1; L. 1959, ch. 215, § 1; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1505 Recovery of assessments; limitation of liability of member.

40-1505.
Recovery of assessments; limitation of liability of member.
If any member shall for the space of thirty days after receiving notice, neglect or refuse to pay the sum assessed against him, the company may sue for and recover the amount of his deposit note or notes, with cost of suit; but execution shall only issue for assessments and costs as they accrue. If the assets of the company shall be insufficient to pay the losses due the members, in any one year, such members shall receive as payment in full for their respective losses a proportionate share of the assets of the company: Provided, That in calculating the pro rata amount to be paid each member on account of his loss, the total amount of the salaries and commissions heretofore paid any officer of the company, during such year, shall be considered as a part of the assets of the company and such officer shall receive the same proportionate share of his salary and commissions as the members receive of their claims and shall be liable to the company for any salary and commissions in excess of the amount of his proportionate share of such salary and commissions as aforesaid. The commissioner of insurance shall not renew the certificate of authority of such company until the provisions of this section have been fully complied with: Provided further, That no member shall be liable to such a company for more than the whole amount of his premium.
History:
L. 1927, ch. 231, 40-1505; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1506 Reserve fund; investment.

40-1506.
Reserve fund; investment.
Whenever the losses and expenses in any year shall be less than the amount of the entire premium income of the year, the remainder of the premium income shall be set apart in the reserve fund: Provided, That when the reserve fund shall equal seven thousand five hundred dollars the company may return to the members so much of the premium income in excess of the amount required for losses and expenses as may exceed ten percentum of the total premium income of the year. Whenever the company's premium income of the year is insufficient to pay the losses and expenses of the year the company shall pay such obligations from the reserve fund. Such part of the reserve fund of the company as is not needed for immediate use of the company shall be invested as provided by section 40-227.
History:
L. 1927, ch. 231, 40-1506; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1507 Annual meeting; voting of members.

40-1507.
Annual meeting; voting of members.
The annual meeting shall be held in the month of January of each year, at the principal office of the company and every member shall be entitled to as many votes as there are directors to be elected, and shall cast the same in person or by proxy and a plurality shall elect.
History:
L. 1927, ch. 231, 40-1507; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1508 Officers; election; term.

40-1508.
Officers; election; term.
The directors shall at their annual meeting elect a president and such other officers with such titles and duties as shall be stated in the bylaws or in a resolution of the board of directors which is not inconsistent with the bylaws. Officers shall be chosen in such manner and shall hold their offices for such terms as are prescribed by the bylaws or determined by the board of directors.
History:
L. 1927, ch. 231, 40-1508; L. 2007, ch. 30, § 5; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1509 Meetings of directors.

40-1509.
Meetings of directors.
The annual meeting of the board of directors shall be held immediately following the annual meeting of the members of the company when practicable, but in no event later than five days thereafter, for the election of its officers and the transaction of such other business as may be necessary. The board of directors may meet at such times as may be designated in the bylaws of the company.
History:
L. 1927, ch. 231, 40-1509; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1510 Powers and duties of directors; bylaws; duties and compensation of officers; rates of insurance and membership fees.

40-1510.
Powers and duties of directors; bylaws; duties and compensation of officers; rates of insurance and membership fees.
The board of directors of such company shall manage and control its affairs, and shall adopt such bylaws as may be necessary, and may prescribe the duties of its officers and agents and fix their compensation, and may alter and amend its bylaws at any annual meeting of the board of directors by a majority vote of the whole number of directors. All bylaws adopted shall forthwith be certified to the commissioner of insurance for his approval or disapproval. They shall also fix the rates of insurance, and the membership fees if any are charged.
History:
L. 1927, ch. 231, 40-1510; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1511 Directors; election; vacancy.

40-1511.
Directors; election; vacancy.
In companies organized under the provisions of this article the number of directors shall not be more than 25 nor less than five. Unless written balloting is required by the bylaws, directors shall be elected by voice vote. Each person who is a policyholder shall be entitled to one vote. A policyholder may vote by proxy, signed by the person legally entitled to vote such proxy. A majority of the board of directors shall be a quorum for the transaction of business. Vacancies in the board shall be filled by the remaining members until the next annual meeting.
History:
L. 1927, ch. 231, 40-1511; L. 2007, ch. 30, § 6; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1512 Policies; liability; membership.

40-1512.
Policies; liability; membership.
Any company organized under the provisions of this article may issue policies to its members on growing crops against loss or damage by hail. Every policy shall contain a printed copy of the application and also a copy of the bylaws, which shall become a part of the contract between the company and the assured; and all policies of the company shall be signed by the president and secretary. The liability of every such company shall not cease prior to August 1 or later than December 1 in the year in which the policy was written; but the membership, for voting purposes only, shall extend to the last day of February in the year following that in which the policy was written.
History:
L. 1927, ch. 231, 40-1512; L. 1953, ch. 232, § 2; June 30.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1513 Misrepresentations by assured.

40-1513.
Misrepresentations by assured.
No oral or written misrepresentation made by the assured or in his behalf, in the negotiation of insurance, shall be deemed material or defeat or void the policy, or prevent its attaching, unless made with intent to deceive and defraud, or unless the matter misrepresented increases the risk.
History:
L. 1927, ch. 231, 40-1513; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1514 Withdrawal by policyholder.

40-1514.
Withdrawal by policyholder.
Any member may withdraw from the company by surrendering his policy for cancellation, and by the full payment of the premium or note therefor, actually delivered to the company in cash, in which case the company shall retain the customary short rate. In case of loss, upon maturity of any note given as consideration the company may deduct such note in settlement of any claim which may arise. Cancellation by any company of its contract of insurance shall be made upon proper notice to the policyholder and by the return to the assured of the unearned premium.
History:
L. 1927, ch. 231, 40-1514; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1515 Uniform rates for same class of risks.

40-1515.
Uniform rates for same class of risks.
No mutual hail insurance company shall charge or receive, directly or indirectly, a higher or greater rate for insurance against destruction or damage by hail of any property within the state than it charges for other risks in this state of the same kind or class, consideration being given to the location of the risk and the hazards thereof.
History:
L. 1927, ch. 231, 40-1515; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1516 Unlawful acts of foreign companies; reinsurance therewith by domestic company prohibited.

40-1516.
Unlawful acts of foreign companies; reinsurance therewith by domestic company prohibited.
It shall be unlawful for any mutual hail insurance company organized under the laws of any other state to transact any business directly or indirectly in this state, and it shall be unlawful for any mutual hail insurance company organized under the laws of this state to reinsure its business with any mutual hail insurance company organized under the laws of any other state.
History:
L. 1927, ch. 231, 40-1516; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1517 Attorney's fee in actions.

40-1517.
Attorney's fee in actions.
Any member of a company organized under the provisions of this article, who shall sue such company for loss or damage claimed to be due him under his policy and who shall recover judgment in such action for an amount larger than may have been tendered him by such company in settlement of his claim, shall be entitled to recover from such company in addition to such loss or damage, a reasonable attorney's fee, which shall be included in such judgment and be collected and paid as a part thereof.
History:
L. 1927, ch. 231, 40-1517; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1518 Reinsurance; approval of commissioner.

40-1518.
Reinsurance; approval of commissioner.
Any mutual hail insurance company organized in this state may by policy, treaty or other agreement cede to or accept from any insurance company or other insurer, reinsurance upon the whole or any part of any risk with or without contingent liability or participation, or with or without membership in such insurance company: Provided, No such reinsurance shall be effected with any company or insurer until approved by written order of the commissioner of insurance filed in his office.
History:
L. 1927, ch. 231, 40-1518; L. 1957, ch. 285, § 1; March 27.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 15 - Mutual Hail Insurance Companies › 40-1519 Insuring or reinsuring growing crops against direct loss or damage by fire, when; insuring harvested crops being transported for any loss.

40-1519.
Insuring or reinsuring growing crops against direct loss or damage by fire, when; insuring harvested crops being transported for any loss.
Any insurance company organized and doing business as provided in K.S.A. 40-1501, and amendments thereto, in addition to the class of business authorized in such section, may make and issue contracts of insurance upon growing crops against direct loss or damage by fire and for any loss caused while the harvested crop is being transported to the initial place of storage or to an initial market location of such crops or to cede or accept reinsurance on any portion of any such risk. Such company shall have a bona fide net surplus exceeding all liabilities and reserve funds required by law of not less than $100,000 of which $50,000 shall be invested and deposited as provided in K.S.A. 40-227 and 40-230, and amendments thereto, for the protection of all policyholders. Before issuing any such contracts or accepting any such reinsurance, the board of directors of such company shall by a majority vote of the whole number of directors as provided in K.S.A. 40-1510, and amendments thereto, authorize the writing of such fire coverage. The company shall file with the commissioner of insurance a certified copy of the resolution of the board of directors taking such action and a certified copy of its amended bylaws and amended charter as provided in K.S.A. 40-216, and amendments thereto.
History:
L. 1953, ch. 231, § 1; L. 1995, ch. 231, § 1; May 4.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1601 Exchange contracts authorized.

40-1601.
Exchange contracts authorized.
Persons of this state, hereby designated subscribers, are hereby authorized to exchange reciprocal or interinsurance contracts with each other, or with persons of other states and countries, providing indemnity among themselves from any loss which may be the subject of legal insurance, excepting life insurance.
History:
L. 1927, ch. 231, 40-1601; L. 2000, ch. 170, § 17; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1602 Execution of contracts by attorney-in-fact.

40-1602.
Execution of contracts by attorney-in-fact.
Reciprocal insurance contracts may be executed by an attorney-in-fact, duly authorized and acting for the subscribers of a reciprocal, and such attorney-in-fact may be a corporation. The office or offices of such attorney-in-fact may be maintained at such place or places as may be designated by the subscribers in the power of attorney.
History:
L. 1927, ch. 231, 40-1602; L. 2000, ch. 170, § 18; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1603 Domestic reciprocal; attorney-in-fact; declarations.

40-1603.
Domestic reciprocal; attorney-in-fact; declarations.
(a) The attorney-in-fact of a domestic reciprocal shall file with the commissioner of insurance a declaration verified by the oath of such attorney-in-fact, or when such attorney-in-fact is a corporation by the oath of a chief officer thereof, setting forth:
(1) The name of the attorney-in-fact, and the name of the domestic reciprocal.
(2) The kind or kinds of insurance to be effected or exchanged.
(3) A copy of the form of power of attorney and subscriber's agreement or other authority of such attorney-in-fact under which such insurance is to be effected or exchanged.
(4) The location of the office or offices from which such contracts or agreements are to be issued.
(5) That except as to the kinds of insurance hereinafter specifically mentioned in this subdivision, applications shall have been made for indemnity upon at least 100 separate risks aggregating not less than $1,500,000, represented by executed contracts or bona fide applications to become concurrently effective. In the case of employers' liability or workers compensation insurance, applications shall have been made for indemnity upon at least 100 separate risks, covering a total annual payroll of not less than $2,500,000, as represented by executed contracts or bona fide applications to become concurrently effective.
(6) That there is in the possession of such attorney-in-fact, and available for the payment of losses, assets conforming to the requirements of K.S.A. 40-1605, and amendments thereto.
(7) A financial statement in form prescribed for the annual statement.
(8) An instrument authorizing service of process as provided in this article.
(b) No declaration shall be required under this section for any reciprocal organized in this state as a result of a conversion under the provisions of K.S.A. 40-1620, and amendments thereto.
History:
L. 1927, ch. 231, 40-1603; L. 2000, ch. 170, § 19; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1604 Statements filed by attorney-in-fact with commissioner; amount of indemnity.

40-1604.
Statements filed by attorney-in-fact with commissioner; amount of indemnity.
There shall be filed with the commissioner of insurance a statement under oath by the attorney-in-fact giving the maximum amount of indemnity upon any single risk, and such attorney-in-fact, whenever and as often as such attorney-in-fact shall be required, shall file with the commissioner of insurance a statement verified by such attorney-in-fact's oath, to the effect that the reciprocal has not assumed on any one risk an amount greater than 10% of its surplus, unless the excess shall be reinsured (1) in some other insurance company duly authorized to transact similar business in this state or as otherwise provided in the insurance code; or (2) as provided by the laws of the state in which the principal office of the reciprocal is located.
History:
L. 1927, ch. 231, 40-1604; L. 1967, ch. 268, § 3; L. 2000, ch. 170, § 20; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1605 Maintenance of unearned premiums and reserves; surplus funds; conditions.

40-1605.
Maintenance of unearned premiums and reserves; surplus funds; conditions.
(a) At all times, each reciprocal shall maintain the same unearned premium and loss or claim reserves, in cash or securities authorized by the laws of the state in which the reciprocal is domiciled, as required for domestic stock and mutual companies writing the same classes of insurance.
(b) No reciprocal shall be licensed to transact the business of insurance in this state unless such reciprocal shall have and maintain a surplus equal to the capital and surplus required of a domestic stock insurance company transacting the same kinds of insurance.
(c) Each reciprocal shall have lawful securities on deposit, for the protection of all subscribers or creditors, or both, of the reciprocal, with the department of insurance of this or any other state in the United States in an amount equal to the minimum capital stock required of a domestic stock insurance company transacting the same kinds of insurance.
History: L. 1927, ch. 231, 40-1605; L. 1955, ch. 243, § 1; L. 1965, ch. 300, § 7; L. 1969, ch. 237, § 10; L. 1979, ch. 144, § 1; L. 1984, ch. 169, § 10; L. 2000, ch. 170, § 21; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1606 Advancements to company; conditions.

40-1606.
Advancements to company; conditions.
If at any time it appears that the amount of funds required in K.S.A. 40-1605, and amendments thereto, has not been accumulated or maintained, then the attorney-in-fact or any other interested party may advance to a reciprocal any funds required in such reciprocal's operations. The funds so advanced shall not be treated as a liability of the reciprocal and interest shall not be paid or funds repaid except with the approval of the supervising insurance official of the state in which the reciprocal is domiciled. Any such advance and interest shall be repaid only out of the surplus funds of the reciprocal.
History:
L. 1927, ch. 231, 40-1606; L. 2000, ch. 170, § 22; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1607 Service of process upon commissioner; fee; suits by and against subscribers.

40-1607.
Service of process upon commissioner; fee; suits by and against subscribers.
Concurrently with the filing of the declaration provided for by the terms of K.S.A. 40-1603, and amendments thereto, the attorney-in-fact shall file with the commissioner of insurance an instrument in writing, executed by such attorney-in-fact for the reciprocal conditioned that upon the issuance of the certificate of authority provided for in K.S.A. 40-1610, and amendments thereto, service of process may be had upon the commissioner in all suits in this state arising out of such policies, contracts or agreements, which service shall be valid and binding upon the reciprocal. Such service of process shall be executed in accordance with the provisions of K.S.A. 40-218, and amendments thereto. Any reciprocal operating under the laws of this state may sue or be sued in the declared name of the reciprocal.
History:
L. 1927, ch. 231, 40-1607; L. 1953, ch. 233, § 1; L. 2000, ch. 170, § 23; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1608 Bond of attorney and employees.

40-1608.
Bond of attorney and employees.
The attorney-in-fact of a reciprocal, or any employee having the care and handling of the funds and securities of a reciprocal, shall maintain a good and sufficient bond running to the board of directors of the reciprocal conditioned for the faithful accounting and disbursement of all money that may come into such attorney-in-fact's or employee's hands; such bond may be executed by a surety company or may be a personal bond approved by the commissioner of insurance. Such bond shall be fixed in an amount and approved by the board of directors or other governing body of such reciprocal. In lieu of filing the bond, the attorney-in-fact may maintain on deposit with the commissioner an equivalent amount in approved securities which are subject to the same conditions as the bond.
History:
L. 1927, ch. 231, 40-1608; L. 2000, ch. 170, § 24; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1609 Power of corporation to exchange contracts.

40-1609.
Power of corporation to exchange contracts.
Any corporation now or hereafter organized under the laws of this state, shall, in addition to the right, powers and franchises specified in its articles of incorporation, have full power and authority to exchange contracts of the kind and character herein mentioned. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and as much granted as the rights and powers expressly conferred.
History:
L. 1927, ch. 231, 40-1609; June 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1610 Certificate of authority; revocation or suspension.

40-1610.
Certificate of authority; revocation or suspension.
Each reciprocal shall procure from the commissioner a certificate of authority stating that all of the requirements of this article have been complied with. Upon such compliance and the payment of the fees required by this article, the commissioner shall issue such certificate of authority. The commissioner may revoke or suspend any certificate of authority issued hereunder in case of breach of any of the conditions imposed by this article after reasonable notice has been given to the reciprocal in writing, so that such reciprocal may appear and show cause why such action should not be taken. The certificate of authority shall continue in full force and effect until such certificate is suspended or revoked or a new certificate of authority is issued or specifically refused.
History:
L. 1927, ch. 231, 40-1610; L. 2000, ch. 170, § 25; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1611 Levies and taxes on premiums; payment; deductions.

40-1611.
Levies and taxes on premiums; payment; deductions.
(a) Each reciprocal shall pay to the commissioner of insurance levies and taxes in the amount and as specified in K.S.A. 40-252, 40-1703, 40-1704 and 75-1508, and amendments thereto. All such levies and taxes on premiums shall be applicable to premiums received on or after January 1, 1957. The above fees, levies and taxes shall be in lieu of all license fees and taxes of whatever character in this state and in calculating all such levies and taxes such reciprocal shall be permitted to deduct therefrom premiums returned on account of cancellations, all premiums received for reinsurance from any other company authorized to do business in this state, and savings paid or credited to subscriber policyholders.
(b) For the purpose of payment of the levies and taxes specified in K.S.A. 40-252, 40-1703, 40-1704 and 75-1508, and amendments thereto, a reciprocal and its attorney-in-fact shall be considered to be the same entity.
History:
L. 1927, ch. 231, 40-1611; L. 1957, ch. 286, § 1; L. 1965, ch. 299, § 2; L. 2000, ch. 170, § 26; L. 2007, ch. 54, § 1; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1612 Certain provisions of code to reciprocals.

40-1612. Certain provisions of code to reciprocals.
In addition to the provisions of this article, the provisions set forth in the following sections of the Kansas Statutes Annotated, and amendments thereto, which govern other types of insurance companies shall apply to reciprocals to the extent that such provisions do not conflict with the provisions of this article: Sections 40-208, 40-209, 40-214, 40-215, 40-216, 40-218, 40-220, 40-221a, 40-222, 40-223, 40-224, 40-225, 40-229, 40-229a, 40-231, 40-233, 40-234, 40-234a, 40-235, 40-236, 40-237, 40-238, 40-239, 40-240, 40-241, 40-242, 40-244, 40-245, 40-246, except as to contracts written through traveling salaried representatives to whom no commissions are paid, 40-246a, 40-247, 40-248, 40-249, 40-250, 40-251, 40-253, 40-256, 40-281, 40-2,125, 40-2,126, 40-2,127, 40-2,128, 40-2,156, 40-2,156a, 40-2,157, 40-2,159, 40-952, 40-2001, 40-2002, 40-2003, 40-2004, 40-2005, 40-2006 and 40-2404 and article 2a of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, and any other provision of law pertaining to insurance which specifically refers to reciprocals.
History:
L. 1927, ch. 231, 40-1612; L. 1953, ch. 234, § 1; L. 2000, ch. 170, § 27; L. 2013, ch. 97, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1613 Authority to write fidelity and surety bonds; conditions.

40-1613.
Authority to write fidelity and surety bonds; conditions.
Under authority given by the commissioner, a reciprocal may engage in the business of writing fidelity and surety bonds but only upon the condition that such reciprocal shall have and maintain an amount of surplus equal to the total of capital and surplus required of domestic stock insurance companies transacting the same kind of business and any such reciprocal shall be deemed a stock insurance company for the purposes of K.S.A. 40-214, 40-239 to 40-247, inclusive, 40-252, 40-1107 and 40-1108 of the Kansas Statutes Annotated, and amendments thereto. No fidelity or surety bond shall be issued by any such reciprocal until the form of such bond shall have been submitted to and accepted by the commissioner. Any fidelity or surety bonds executed pursuant to this act shall be received and accepted as company, corporation or corporate bonds.
History:
L. 1943, ch. 183, § 1; L. 2000, ch. 170, § 28; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1615 Merger of Armed Forces Cooperative Insuring Association with Armed Forces Insurance Exchange; definitions.

40-1615.
Merger of Armed Forces Cooperative Insuring Association with Armed Forces Insurance Exchange; definitions.
As used in this act:
(a) "Armed Forces Cooperative Insuring Association" means the association organized as an unincorporated cooperative association operating within the federal enclave of Ft. Leavenworth, Kansas.
(b) "Armed Forces Insurance Exchange" means the unincorporated reciprocal exchange operating in Leavenworth, Kansas, under the laws of the state of Kansas.
(c) "Armed Forces Insurance Corporation" means the attorney-in-fact for Armed Forces Insurance Exchange, incorporated under the laws of the state of Kansas.
(d) "Insurance entity" means the Armed Forces Cooperative Insuring Association or Armed Forces Insurance Exchange, or both.
(e) "Merger" means the union of two or more insurance entities into a single insurance entity which is one of the insurance entities uniting.
History:
L. 1992, ch. 72, § 1; May 7.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1616 Same; approval; assumption of policies and business by surviving entity.

40-1616.
Same; approval; assumption of policies and business by surviving entity.
(a) Armed Forces Cooperative Insuring Association may, with the approval of the commissioner of insurance, merge with Armed Forces Insurance Exchange as provided by this act, the surviving insurance entity to be Armed Forces Insurance Exchange.
(b) By virtue of such merger, all in force policies of Armed Forces Cooperative Insuring Association shall be assumed by Armed Forces Insurance Exchange and may be rewritten in the name of the surviving insurance entity upon expiration.
(c) Business assumed in any state or territory of the United States where Armed Forces Insurance Exchange is not legally authorized to do business under the laws of such state or territory shall not violate, for the purposes of this act, the provisions of K.S.A. 40-214, and amendments thereto, provided such business is not renewed upon its expiration or the entity obtains authorization from such state or territory to transact or continue such business.
History:
L. 1992, ch. 72, § 2; May 7.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1617 Same; merger agreement; approval; submission to insurance commissioner.

40-1617.
Same; merger agreement; approval; submission to insurance commissioner.
(a) The board of directors of Armed Forces Cooperative Insuring Association and the board of directors of Armed Forces Insurance Corporation shall enter into a written agreement on behalf of their respective insurance entities for the merger of such insurance entities, prescribing the terms and conditions of the merger, which shall include the method of carrying the merger into effect, the name of the surviving insurance entity and such other provisions as are deemed advisable.
(b) Upon approval of such agreement by the boards of directors of both Armed Forces Cooperative Insuring Association and Armed Forces Insurance Corporation, at meetings called for the purpose of considering such agreement, each board of directors shall by resolution direct that the agreement be submitted to the commissioner of insurance of this state for approval.
History:
L. 1992, ch. 72, § 3; May 7.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1618 Same; information required to be filed with insurance commissioner; notice and hearing on merger; approval, when; costs.

40-1618.
Same; information required to be filed with insurance commissioner; notice and hearing on merger; approval, when; costs.
(a) No merger under this act shall occur unless, in advance of the proposed merger, the following information has been filed with the commissioner of insurance: (1) The agreement of merger; (2) a verified schedule by the actuaries of the insurance entities interested in merging, showing that the legal reserves for the subscribers of each insurance entity as of December 31 of the preceding year are not less than the amount that would be required of a Kansas domestic reciprocal or interinsurance exchange; (3) a pro forma financial statement showing that, upon approval of the merger by the commissioner of insurance, the surviving insurance entity will continue to satisfy the financial requirements to transact all of the line or lines of insurance in all jurisdictions where it is presently authorized to transact business; and (4) any other information which may be requested by the commissioner of insurance.
(b) After notice and a hearing in accordance with the Kansas administrative procedure act, the commissioner of insurance shall approve the merger unless the commissioner of insurance determines that any one of the following exist or would result from the merger, in which event the commissioner of insurance shall disapprove the merger: (1) The insurance entities proposing to merge have not complied with the provisions of this act; (2) the merger of the two insurance entities is not in the best interests of the subscribers of Armed Forces Insurance Exchange; (3) after the merger, Armed Forces Insurance Exchange would be in violation of any of the laws of this state; or (4) the effect of the merger would be to substantially lessen competition in insurance in this state.
(c) The parties proposing to merge under this act shall bear all costs associated with the hearing required by this section.
History:
L. 1992, ch. 72, § 4; May 7.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1619 Same; construction of act; exemption from certain provisions of law.

40-1619.
Same; construction of act; exemption from certain provisions of law.
(a) Nothing contained in this act shall be construed to enlarge the powers of any insurance entity or to authorize any insurance entity to transact any kind of insurance business which it is not presently authorized to transact in this state or any other state or territory of the United States.
(b) No merger under this act shall be subject to the provisions of K.S.A. 40-3304, and amendments thereto.
History:
L. 1992, ch. 72, § 5; May 7.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1621 Same; hearing on conversion plan.

40-1621. Same; hearing on conversion plan.
Within 15 days of the date of the commissioner's approval or denial of a conversion plan submitted in accordance with K.S.A. 40-1620, and amendments thereto, or K.S.A. 40-1631, and amendments thereto, the insurance company or reciprocal shall have the right to request a hearing by filing a written request with the commissioner. The commissioner shall conduct the hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after such request is filed. Any action of the commissioner pursuant to this section is subject to review in accordance with the provisions of the Kansas judicial review act.
History:
L. 1999, ch. 110, § 7; L. 2010, ch. 17, § 68; L. 2020, ch. 10, § 4; June 11.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1622 Same; act supplemental to article 16.

40-1622. Same; act supplemental to article 16.
The provisions of K.S.A. 40-1620 through 40-1630, and amendments thereto, and K.S.A. 40-1631, and amendments thereto, shall be a part of and supplemental to article 16 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1999, ch. 110, § 8; L. 2000, ch. 170, § 30; L. 2020, ch. 10, § 5; June 11.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1623 Definitions.

40-1623.
Definitions.
As used in this act:
(a) "Attorney-in-fact" means the person designated and authorized by subscribers as having authority to obligate them on reciprocal insurance contracts.
(b) "Commissioner" means the commissioner of insurance.
(c) "Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type of organization, organization, cooperative, partnership, receiver, trustee or society, with power to enter into contractual undertakings within or without the state.
(d) "Reciprocal" means an aggregation of subscribers under a common name.
(e) "Reciprocal insurance" means insurance resulting from the mutual exchange of insurance contracts among persons in an unincorporated association under a common name through an attorney-in-fact having authority to obligate each person both as insured and insurer.
(f) "Subscriber" means a person obligated under a reciprocal insurance agreement.
History:
L. 2000, ch. 170, § 9; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1624 Reciprocal; business name.

40-1624.
Reciprocal; business name.
Every reciprocal shall have and use a business name that includes the word "reciprocal," "interinsurer," "interinsurance," "exchange," "underwriters" or "underwriting." The name of the reciprocal shall not be so similar to any other name or title previously adopted by a similar organization, or by any other insurance company or association, as in the opinion of the commissioner of insurance is calculated to result in confusion or deception.
History:
L. 2000, ch. 170, § 10; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1625 Reciprocal; board of directors; requirements on; powers and duties.

40-1625.
Reciprocal; board of directors; requirements on; powers and duties.
The board of directors exercising the subscribers' rights in a domestic reciprocal shall be selected under rules adopted by the subscribers. At least 3/4 of the board of directors of a domestic reciprocal shall be composed of subscribers or representatives of subscribers, other than the attorney-in-fact or any person employed by, representing or having a financial interest in the attorney-in-fact. An individual shall not be considered to be employed by, representing or having a financial interest in the attorney-in-fact if such individual is a subscriber or a representative of a subscriber of the reciprocal. The board of directors shall supervise the finances of the reciprocal and the reciprocal's operations to the extent required to assure their conformity with the subscriber's agreement and power of attorney and shall exercise any other powers conferred on it by the subscriber's agreement. The board of directors may also be referred to as a subscribers advisory committee, board of trustees or by such other name as the board chooses.
History:
L. 2000, ch. 170, § 11; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1626 Subscriber's agreement; requirements.

40-1626.
Subscriber's agreement; requirements.
(a) Every subscriber of a domestic reciprocal may execute a subscriber's agreement and power of attorney setting forth the rights, privileges and obligations of the subscriber as an underwriter and as a policyholder, and the powers and duties of the attorney-in-fact. If a domestic reciprocal does not require execution of a subscriber's agreement and power of attorney, the reciprocal shall include on its policies a statement that the subscriber shall be bound by the terms and conditions of the then current subscriber's agreement and power of attorney on file with the attorney-in-fact and the commissioner of insurance, and each subscriber shall by operation of law be bound by such subscriber's agreement and power of attorney as if individually executed. Without additional execution, notice or acceptance, every subscriber of a reciprocal agrees to be bound by any modification of the terms of the power of attorney and subscriber's agreement which is jointly made by the attorney-in-fact and the board of directors pursuant to K.S.A. 40-1616, and amendments thereto, and which shall be on file with the attorney-in-fact and the commissioner of insurance. The subscriber's agreement and power of attorney shall contain in substance the following provisions:
(1) A designation and appointment of the attorney-in-fact to act for and bind the subscriber in all transactions relating to or arising out of the operations of the reciprocal;
(2) a provision empowering the attorney-in-fact:
(A) To accept service of process on behalf of the reciprocal; and
(B) to appoint the commissioner as an agent of the reciprocal upon whom may be served all lawful process against or notice to the reciprocal; and
(3) the maximum amount to be deducted from advance premiums or deposits to be paid the attorney-in-fact, and the items of expense, in addition to losses, to be paid by the reciprocal.
(b) The subscriber's agreement may:
(1) Provide for the right of substitution of the attorney-in-fact and revocation of the power of attorney;
(2) impose any restrictions upon the exercise of the power agreed upon by the subscribers;
(3) provide for the exercise of any right reserved to the subscribers directly or through the board of directors; or
(4) contain other lawful provisions deemed to be advisable.
History:
L. 2000, ch. 170, § 12; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1627 Modification of power of attorney; filing requirements.

40-1627.
Modification of power of attorney; filing requirements.
Any modification of the terms of the power of attorney and subscriber's agreement of a domestic reciprocal shall be made jointly by the attorney-in-fact and the board of directors. Any such modification shall be filed with the attorney-in-fact and the commissioner of insurance. By operation of law any such filing shall bind all subscribers the same as if each subscriber individually had adopted and executed the modified, altered or amended subscriber's agreement and power of attorney. No modification shall be effective retroactively, nor shall such modification affect any insurance contract issued prior to the date of such modification.
History:
L. 2000, ch. 170, § 13; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1628 Reciprocal; return of savings to subscriber accounts.

40-1628.
Reciprocal; return of savings to subscriber accounts.
A reciprocal may return to its subscribers any savings or credit which accrues to such subscriber's accounts.
History:
L. 2000, ch. 170, § 14; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1629 Domestic reciprocal; liquidation; requirements on.

40-1629.
Domestic reciprocal; liquidation; requirements on.
Upon the liquidation of a domestic reciprocal, the assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney-in-fact or any other person made as provided in K.S.A. 40-1606, and amendments thereto, and the return of any unused deposits, savings or credits, shall be distributed. The distribution shall be made to the persons who were its subscribers within the 12 months prior to the final termination of such reciprocal's license in accordance with a formula approved by the commissioner of insurance or the court.
History:
L. 2000, ch. 170, § 15; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 16 - Reciprocal Or Interinsurance Contracts › 40-1630 Reciprocal; assessable insurance policies, prohibition against issuance.

40-1630.
Reciprocal; assessable insurance policies, prohibition against issuance.
No reciprocal shall issue any assessable insurance policies. The subscribers of a reciprocal shall not be personally liable for the payment of the reciprocal's debts or obligations. Any judgment against a reciprocal shall be binding only upon the reciprocal and not upon each of the reciprocal's subscribers.
History:
L. 2000, ch. 170, § 16; July 1.
2023 Kansas Statutes › Chapter 40 - Insurance › Article 17 - Firefighters Relief Act › 40-1701 Definitions.

40-1701.
Definitions.
As used in the firefighters relief act:
(a) "Firefighters relief association" or "firemen's relief association" means an association incorporated under the laws of this state composed of members of a fire department which is (1) a public fire department under the control of the governing body of an incorporated city, township, county or fire district or (2) a private fire department operated by a not-for-profit corporation which provides all of the fire protection services for an incorporated city, township, county or fire district pursuant to a contract with the governing body thereof, and which in either case has fire apparatus and necessary equipment therefor that is in serviceable condition for fire duty and has a value of $5,000 or more; and
(b) "insurance company" means every company, corporation, firm or association transacting the business of fire insurance in this state.
History:
L. 1927, ch. 231, 40-1701; L. 1957, ch. 287, § 1; L. 1984, ch. 165, § 2; July 1.