reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-15 - Fire and casualty insurance contracts; cancellation at option of insurer; notice required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each policy or
			 contract, that is issued by fire or casualty insurers within the state of
			 Kansas, and that provides for cancellation at the option of the insurer, shall
			 contain a provision within the policy, or at the discretion of the
			 commissioner, within an amending rider, that the insured will be notified in
			 writing at least 30 days in advance of the effective date of cancellation.
(b) Each fire or casualty insurer
			 that cancels a policy or insurance contract in the state of Kansas, shall
			 provide written notice of cancellation to the insured. Each cancellation notice
			 shall specify the cancellation date and shall state in clear language that the
			 policy is being cancelled. The following statement or one that is substantially
			 the same shall be used: "You are hereby notified that your policy number _____
			 is cancelled effective
This regulation shall not apply to:
(1) Health, accident or hospitalization
			 policies issued by casualty companies;
(2) crop-hail policies or contracts; or
(3) policies or contracts
			 cancelled as a result of non-payment of premium.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-16 - Fire and casualty insurance policies and applications; warranties prohibited

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used in this
			 regulation, the word "warranty" means a promise that certain facts are truly as
			 they are represented to be and that they will remain so, subject to any
			 specified limitations.
(b)
			 Companies writing fire or casualty insurance, or both, shall not require their
			 Kansas insureds or applicants to make a "warranty," either expressed or
			 implied, of any fact or allegation, either in the application for an insurance
			 policy or in the policy provisions.
(c) The word "representations" or words of
			 similar import shall not be prohibited, nor shall the word "warranty" in an
			 insurance contract be prohibited if the contract contains a definition of
			 "warranty" approved by the commissioner of insurance.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-17 - Liability insurance contracts; liability of insuring company

Current through Register Vol. 43, No. 28, July 11, 2024
A company shall not issue a liability contract in this state
				which provides, in effect, that an action may not be maintained against the
				insuring company unless for recovery of money actually paid by the insured in
				full satisfaction of a judgment against the insured after trial of the issue.
				Each liability contract issued in this state shall provide that the insuring
				company will become liable whenever final judgment is rendered against the
				insured.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-18 - Fire and casualty insurance; private passenger automobiles; rating information

Current through Register Vol. 43, No. 28, July 11, 2024
Each company writing insurance on private passenger automobiles
				in Kansas shall include, in all filings submitted to this department,
				procedures that meet the following conditions:
(a) Obtain from the insured information
			 necessary to permit the company to rate the risk in accordance with applicable
			 filings; and
(b) advise the
			 insured of the proper classification in accordance with the company's
			 applicable rate filings approved by the commissioner.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-19 - Fire and casualty insurance; auto physical damage policies; insured's duty to protect property from further loss

Current through Register Vol. 43, No. 28, July 11, 2024
The wording, "and any further loss due to the insured's failure
				to protect, shall not be recoverable under this policy," or wording of similar
				import, shall be deleted from auto physical damage insurance policy conditions
				on each policy covering property of the insured.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-21 - Fire and casualty insurance; medical payments coverage; interpretation

Current through Register Vol. 43, No. 28, July 11, 2024
Each insurance company providing "medical payments insurance,"
				pursuant to
				K.S.A.
				40-1110, that affords coverage for reasonable
				expenses incurred for necessary "funeral services" shall be required to
				interpret the words "funeral services" in accordance with applicable Kansas law
				and the terms of the insurance contract. If the words "funeral services" are
				not specifically interpreted by the contract of insurance or applicable Kansas
				law, the phrase shall be interpreted to mean:
(a) The opening and closing of a grave; and
(b) a burial plot for one person,
			 if the cost is necessarily incurred after an accident covered by the policy.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-22 - Marine, inland marine and transportation insurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Risks and
			 coverage that may be classified under Kansas insurance laws as marine, inland
			 marine, or transportation insurance shall be those specified in this
			 regulation. This regulation shall not limit the insuring powers granted under
			 charters and licenses.
(b) Unless
			 otherwise permitted, marine, inland marine, and transportation insurance shall
			 not insure any of the following:
(1) Storage
			 of insured's merchandise, unless specially permitted by this regulation;
(2) merchandise during manufacture
			 that is the property of the manufacturer and is on the manufacturer's premises;
(3) furniture and fixtures, or
			 other improvements to buildings; or
(4) money and securities stored in safes,
			 vaults, and safety deposit vaults at any bank, or on the insured's premises,
			 except while being transported.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-23 - Fire and casualty insurance except accident and health; binder forms required to be filed

Current through Register Vol. 43, No. 28, July 11, 2024
Binders or other temporary contracts of insurance are subject
				to K.S.A.
				40-216. These forms shall be filed with and
				approved by the commissioner in accordance with applicable statutory
				provisions.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-24 - Fire and casualty insurance; inland marine rules, rates, and rating plans; general custom of industry defined

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The following
			 types of risks shall be the inland marine classes that are, by general custom
			 of the industry, written according to manual rates or rating plans:
(1) Bicycle floater;
(2) cameras;
(3) fine art in private collections;
(4) golfer's equipment floater;
(5) musical instruments;
(6) personal articles floater;
(7) personal effects;
(8) personal furs or fur floater;
(9) personal jewelry or jewelry floater;
(10) personal property floater;
(11) silverware floater;
(12) stamp and coin collection
			 floater;
(13) tourist baggage;
(14) travel baggage, if issued in
			 combination with accident and sickness insurance; and
(15) wedding presents.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-25 - Same; writing of risks rated differently from normal market; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used in this
			 regulation, "normal market" shall mean insurance companies that sell policies
			 to preferred or standard risks. Preferred or standard risks are applicants or
			 policyholders who qualify for coverage at favorable premiums due to their
			 underwriting characteristics.
(b)
			 Each company issuing a fire and casualty insurance policy in this state with a
			 premium rate that results from the insured's inability to obtain coverage in
			 the normal market shall include a statement on the application or policy form,
			 signed by the applicant or named insured, that contains the following
			 statements, as applicable, or statements with similar wording:
(1) "I am unable to obtain _________________
			 (state kind) insurance at normal rates and hereby request the issuance of this
			 policy at rates in excess of normal rates."
(2) "I have been unable to procure similar
			 insurance at normal rates although my risk has been submitted to at least three
			 other insurance companies authorized to transact insurance business in Kansas."
(3) For automobile liability
			 insurance, the statements in the following paragraphs shall be included:
(A)
"(1) I
			 have been unable to procure similar insurance at normal rates, or
(2) I have been unable to procure similar
			 insurance at normal rates because my previous insurance company nonrenewed or
			 canceled my insurance."
(B) "I understand that liability limits
			 sufficient to meet the financial responsibility requirements of the state may
			 be available through the Kansas automobile insurance plan." The preceding
			 statement shall not apply if the policy is issued through the Kansas automobile
			 insurance plan.
(4) For
			 workers compensation and employers liability insurance, the following statement
			 shall be included: "I understand that I may obtain workers compensation and
			 employers liability insurance through the Kansas workers compensation insurance
			 plan." The preceding statement shall not apply if the policy is issued through
			 the Kansas workers compensation insurance plan.
(5) For fire and extended coverage insurance,
			 the following statement shall be included: "I understand that I may be able to
			 obtain adequate fire and extended coverage insurance through the Kansas
			 all-industry placement facility." The preceding statement shall not apply if
			 the policy is issued through the Kansas all-industry placement facility.
(6) For a health care provider
			 required to comply with
			 K.S.A.
			 40-3402 and amendments thereto, the following
			 statement shall be included: "I understand that I may be able to obtain
			 adequate basic professional liability coverage through the Kansas health care
			 provider insurance availability plan." The preceding statement shall not apply
			 if the policy is issued through the Kansas health care provider insurance
			 availability plan.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-26 - Modification of rate filing requirements for individual risks

Current through Register Vol. 43, No. 28, July 11, 2024
Rates modified for individual risks pursuant to
				K.S.A.
				40-954(d) and amendments
				thereto shall be retained in the insurer's underwriting file for five years
				after the rate is no longer applicable to the insured. These rates shall be
				made available upon the request of the commissioner. These rate filings shall
				otherwise comply with the applicable provisions set forth in
				K.S.A.
				40-954 and
				40-955 and amendments thereto, and
				K.A.R.
				40-3-25.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-28 - Fire and casualty insurance; automobile liability policies; limits of liability

Current through Register Vol. 43, No. 28, July 11, 2024
When an insurance company effects a unilateral reduction in the
				limits of liability contained in a policy of automobile liability insurance as
				defined in
				K.S.A.
				40-276, the action shall be deemed a
				cancellation of the policy and shall be subject to the provisions of
				K.S.A.
				40-276,
				40-277,
				40-278, 40-279, and 40-280.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-30 - Fire and casualty insurance; assigned risk plans; forms and procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance
			 company authorized to transact fire and casualty business in this state shall
			 inform its certified agents of the following:
(1) The Kansas assigned risk plans, their
			 availability, eligibility, and other related procedures; and
(2) the location of forms necessary to place
			 risks in the various Kansas assigned risk plans.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-31 - Fire and casualty insurance; automobile liability policies; notices of cancellation or nonrenewal; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each company
			 writing a private passenger automobile liability policy, with the exception of
			 a policy written through the Kansas automobile insurance plan, shall include,
			 in filings submitted to this department, all forms designed to give direct
			 notice of cancellation or nonrenewal to an insured. Filings may be made either
			 independently or through a licensed rating organization with which the insurer
			 is affiliated.
(b) The notice of
			 cancellation or nonrenewal, or accompanying forms, shall include words similar
			 to the following statements:
(1) Within 10
			 days after receiving a written request, this company will furnish, the reason
			 for the cancellation or nonrenewal in writing. This statement is required only
			 when reasons for cancellation or nonrenewal are not sent with the cancellation
			 or nonrenewal notice.
(2) (When
			 cancellation or nonrenewal is for any reason other than nonpayment of premium.)
			 The provisions of
			 K.S.A.
			 40-278 require that you be advised that
			 liability limits sufficient to meet the financial responsibility requirements
			 of the state may be available through the Kansas automobile insurance plan.
			 Each agent writing automobile liability insurance for this company has been
			 informed, and must be able to assist, in the preparation of the necessary forms
			 for the Kansas automobile insurance plan.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-32 - Fire and casualty insurance; modification of form filing requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Bond forms.
			 Bonds that cannot practicably be filed before they are used shall not be
			 required to be filed with the commissioner if they are required by any of the
			 following:
(1) Law;
(2) court order; or
(3) any federal, state, or municipal
			 government or agency.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-35 - Fire and casualty insurance; Kansas automobile injury reparations act; Kansas automobile assigned claims plan; requirements; review of plan; approval; disapproval; procedure; amendments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The Kansas
			 automobile assigned claims plan shall consist of every insurer and self-insurer
			 authorized to write motor vehicle liability insurance in this state. Each
			 authorized insurer and self-insurer shall, in accordance with K.S.A. 1988 Supp.
			 40-3116, cooperate in preparing
			 and submitting to the commissioner of insurance a plan or plans for the
			 assignment of applicants for certain motor vehicle personal injury protection
			 claims for certain persons injured in automobile accidents in Kansas. The plan
			 or plans shall provide:
(1) Reasonable rules
			 governing the operating procedures of the Kansas automobile assigned claims
			 plan, including:
(A) The designation of
			 servicing insurers;
(B) the
			 distribution of claims to servicing insurers; and
(C) adequate provision for the equitable
			 payment of assigned claims;
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-36 - Same; Kansas automobile injury reparations act; motor vehicle liability insurance policy defined

Current through Register Vol. 43, No. 28, July 11, 2024
For the purpose of compliance with K.S.A. 40-3118a, "policy of
				motor vehicle liability insurance" shall mean a contract meeting the
				requirements of
				K.S.A.
				40-3104, issued by an insurer defined in
				K.S.A.
				40-3103(g), at the date of
				issuance and inception date of the contract.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-37 - Fire and casualty insurance; cancellation of automobile liability insurance policies; premium finance plan defined

Current through Register Vol. 43, No. 28, July 11, 2024
The reference to "premium finance plan" contained in
				K.S.A.
				40-277 shall mean a premium financing plan as
				defined in
				K.A.R.
				40-1-10, an installment payment plan
				recognized by the insurer's existing rule and rate filings, or the extension of
				credit to an automobile liability insurance policyholder by an insurance agent
				as permitted by
				K.S.A.
				40-282.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-38 - Mortgage guaranty insurance; unearned premium reserves

Current through Register Vol. 43, No. 28, July 11, 2024
Each mortgage guaranty insurance company, defined by
				K.S.A.
				40-3502(a), shall compute
				and maintain an unearned premium reserve in an amount not less than the
				unearned premium or reserves required by the provisions of
				K.S.A.
				40-234.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-39 - Fire and casualty insurance; crediting against future personal injury protection benefits; terms defined

Current through Register Vol. 43, No. 28, July 11, 2024
The phrase "the amount of such judgment, settlement, or
				recovery," as contained in and applied to, the second sentence of
				K.S.A.
				40-3113a(b), means amounts
				which are duplicative of payable personal injury protection benefits.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-40 - Fire and casualty insurance; unfair rate discrimination; certain acts and practices included

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Unfair rate
			 discrimination practices between individuals of the same rating class, as
			 prohibited by
			 K.S.A.
			 40-953 and amendments thereto, shall include
			 the following:
(1) Refusing to insure;
(2) refusing to continue to
			 insure;
(3) limiting the amount,
			 extent, or kind of coverage available to an individual; and
(4) charging an individual a different rate
			 for the same coverage solely because of the geographic location of the risk.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-41 - Fire and casualty insurance; automobile business defined; application of automobile business liability insurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The term
			 "automobile business" contained in
			 K.S.A.
			 40-3107(h)(2) shall mean a
			 business which sells, leases, repairs, services, transports, stores, or parks
			 motor vehicles designed primarily for use on public highways. The definition
			 shall include road testing and delivery.
(b) Each motor vehicle liability insurance
			 coverage provided pursuant to
			 K.S.A.
			 40-3107 shall be primary, duplicative,
			 participative, or excess over any liability insurance coverage available from
			 an automobile business.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-42 - Title insurance; unfair inducements; prohibited acts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) As used in this
			 regulation:
(1) "Title entity" means a title
			 insurance company, title insurance agent, title insurance agency or any other
			 organization directly involved in the sale, underwriting, or servicing of title
			 insurance.
(2) "Producer of title
			 business" means any natural person, firm, association, organization,
			 partnership, business trust, corporation, or other legal entity engaged in this
			 state in the trade, business, occupation, or profession of:
(A) buying or selling interests in real
			 property;
(B) making loans secured
			 by interests in real property; or
(C) acting as broker, agent, representative,
			 or attorney of natural persons or other legal entities that buy or sell
			 interests in real property or that lend money with such interests as security.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-43 - Title insurance; controlled business; definitions; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For purposes of
			 K.S.A.
			 40-2404(14)(f) through (i)
			 and amendments thereto, the following terms shall have the meanings specified
			 in this subsection:
(1) "Closed title order"
			 shall mean an order for which a policy or policies of title insurance have
			 actually been issued.
(2)
			 "Controlled business" shall mean any portion of a title insurer's or title
			 agent's business in this state that was referred by any producer of title
			 business if the producer of title business with a financial interest in the
			 title insurer or title agent to which the business is referred initiates the
			 referral.
(3) "Title insurance
			 order" shall mean an order for an owner's title insurance policy or an order
			 for a loan policy of title insurance, or both. Each pair of orders for an
			 owner's title insurance policy and a loan policy of title insurance to be
			 issued simultaneously for the same real estate transaction shall constitute one
			 order. The policies of title insurance issued under this transaction shall
			 constitute one closed title order only if both policies are issued by the same
			 title insurer or title agency.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-44 - Automobile insurance; underwriting information; restrictions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise specified in subsection (b), information regarding motor vehicle
			 accidents, traffic violations, or related convictions occurring more than three
			 years before the date of the application shall not be requested or utilized by
			 insurers in connection with or in making an underwriting decision.
(b) Any information regarding convictions for
			 violations enumerated in
			 K.S.A.
			 8-285, and amendments thereto, occurring no
			 more than five years before the date of the application may be utilized for
			 underwriting purposes.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-45 - Fire and casualty insurance; rate filings; investment income; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Every rate
			 filing required by
			 K.S.A.
			 40-955 and amendments thereto shall include
			 specific consideration of earnings or losses resulting from the investment of
			 assets equal to the unearned premiums and loss reserves of the company or
			 companies making the filing.
(b)
			 These earnings or losses shall consist of the historical after-tax rate of
			 return on net worth derived from investments and shall be calculated by
			 developing an average rate of return as a percent of earned premiums. Any
			 explanatory memorandum submitted with a rate filing shall include an
			 explanation of how the investment earnings or losses are considered in the rate
			 indications. The actual methodology used to derive the investment earnings or
			 losses shall not be required to be included in the filing, but the methodology
			 shall be made available upon the request of the commissioner.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-47 - Fire and casualty insurance; rating organizations; kinds of insurance affected

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each rating
			 organization shall develop and file only prospective loss costs for the
			 following kinds of insurance and coverage:
(1) All lines of business specified in
			 K.S.A.
			 40-901 and amendments thereto, except rates,
			 rules, and forms filed by the midwest rating and service bureau, inc.; and
(2) all lines of business
			 specified in
			 K.S.A.
			 40-1102, and amendments thereto.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-48 - Insurance companies; managing general agents; definitions; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The terms
			 "managing general agent" and "MGA," as defined in
			 K.S.A.
			 40-2,130(d) and amendments
			 thereto, shall include any person who, in addition to the criteria set forth in
			 that statute, adjusts or pays any claim in excess of $10,000 per claim or
			 negotiates reinsurance on behalf of the insurer.
(b) The term "total annual written premium"
			 shall include all direct premiums written by a managing general agent
			 regardless of where the risks are located.
(c)
(1) Each
			 managing general agent shall acquire and maintain a fidelity bond for the
			 protection of the insurer contracting with the managing general agent. The bond
			 shall be in the amount of at least $100,000 or 10 percent of the managing
			 general agent's total annual written premium nationwide that was produced by
			 the MGA for the insurer in the prior calendar year. The bond shall not exceed
			 $500,000. The bond amount shall be adjusted accordingly on or before April 1 of
			 each year.
(2) Coverage shall not
			 be written by the insurer or an affiliate of the insurer contracting with the
			 managing general agent. The bond shall be executed by a fidelity insurer
			 admitted to do business in Kansas, or an insurer appearing on the list
			 maintained by the commissioner pursuant to
			 K.S.A.
			 40-246e and amendments thereto, on a form
			 supplied by the department.
(3) A
			 copy of the executed bond shall be filed with the department.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-49 - Fire and casualty insurance; modification of rate filing requirements; rates that cannot be practicably filed before use

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any insurer or
			 rating organization identifying those kinds of insurance, subdivisions, classes
			 of risk, contracts, or combinations of these for which the required rating rule
			 has been filed by the insurer with the commissioner shall retain in the
			 underwriting file the rate or rating procedure used, which shall be made
			 available to the commissioner upon request.
(b) Nothing in this regulation shall be
			 construed as a suspension, preemption, or modification of any provision of
			 K.S.A.
			 40-955 and amendments thereto, except as
			 specifically permitted in this regulation.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-52 - Fire and casualty insurance; title insurers; controlled business arrangements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the purpose
			 of this regulation, "controlled business" shall have the meaning specified in
			 K.A.R. 40-3-43.
(b) As a part of
			 the report stating the percentage of closed title orders originating from a
			 controlled business arrangement pursuant to
			 K.S.A.
			 40-2404(14)(h) and
			 amendments thereto, each title insurer or title agent engaged in a controlled
			 business arrangement shall submit the following information to the
			 commissioner:
(1) The identity of each
			 producer of title business involved in the controlled business arrangement;
(2) the date on which the business
			 year began for the controlled business arrangement;
(3) the identity of any federally chartered
			 bank or savings association affiliated with the title insurer, if such an
			 affiliation exists; and
(4) the
			 date of the end of the title insurer's or title agency's business year.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-53 - Fire and casualty insurance; electronic verification of insurance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each motor
			 vehicle liability insurer writing insurance in the state shall provide the
			 secretary of revenue with verification of each insured's insurance on-line or
			 electronically by January 1, 2005. An exemption from this requirement may be
			 granted upon request for any company that has less than 0.01 percent of the
			 market share based on that company's commercial or personal automobile
			 insurance written premiums or that has stated its intent to leave the
			 automobile insurance market pursuant to
			 K.S.A.
			 40-2,123 and amendments thereto. The 0.01
			 percent threshold shall be based on the specific line of coverage for which the
			 company is seeking this exemption. Except as provided in subsection (b), the
			 verification required by this subsection shall be in conformity with the
			 following documents, which are hereby adopted by reference:
(1) The "Kansas insurance reporting guide,"
			 published by the Kansas department of revenue and dated November 2004; and
(2) the "Kansas insurance
			 reporting map example," published by the Kansas department of revenue and dated
			 July 2004.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-56 - Controlled insurance programs

Current through Register Vol. 43, No. 28, July 11, 2024
Each controlled insurance program providing coverage for
				general liability or workers compensation, or both, shall meet the following
				requirements:
(a) Establish a method
			 for the quarterly reporting of the participant's respective claims details and
			 loss information to that participant;
(b) provide that cancellation of any or all
			 of the coverage provided to a participant before completion of work on the
			 applicable project shall require the owner or contractor who establishes a
			 controlled insurance program to either replace the insurance or pay the
			 subcontractor's cost to do so;
(c)
			 not charge enrolled participants who are not the sponsoring participants a
			 deductible in excess of $2,500 per occurrence or a per claim assessment by the
			 sponsor;
(d) keep self-insured
			 retentions fully funded or colla-teralized by the owner or contractor
			 establishing the controlled insurance program, except that this subsection
			 shall not apply to deductible programs;
(e) disclose specific requirements for safety
			 or equipment before accepting bids from contractors and subcontractors on a
			 construction project; and
(f) allow
			 monetary fines for alleged safety violations to be assessed only by government
			 agencies.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-57 - Controlled insurance programs including general liability

Current through Register Vol. 43, No. 28, July 11, 2024
Each controlled insurance program including general liability
				coverage for the participants shall require the following:
(a) Coverage for completed operations
			 liability shall not, after substantial completion of a construction project, be
			 canceled, lapse, or expire before the limitation on actions has expired as
			 established by
			 K.S.A.
			 60-513(b), and amendments
			 thereto, but in no case more than 10 years. If another carrier takes
			 responsibility for completed operations liability coverage, any and all prior
			 completed operation liability carriers shall be released from completed
			 operations liability unless specified otherwise in subsequent
			 policies.
(b) General liability
			 coverage shall not be required of project participants except for liabilities
			 not arising on the site or sites of the construction project, and any coverage
			 maintained by the participants shall cover liabilities not arising on the site
			 or sites of the construction project.
(c) The general liability coverage provided
			 to participants shall provide for severability of interest, except with respect
			 to limits of liability, so that participants shall be treated as if separately
			 covered under the policy.
(d)
			 Participants shall be given the same shared limits of liability coverage as
			 those that apply to the sponsoring participant under the controlled insurance
			 program.
(e) Participants shall not
			 be required to waive rights of recovery for claims covered by the controlled
			 insurance program against another participant in the controlled insurance
			 program covered by general liability insurance provided by the controlled
			 insurance program.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-58 - Controlled insurance programs including workers compensation liabilities

Current through Register Vol. 43, No. 28, July 11, 2024
Each controlled insurance program including coverage for
				workers compensation liabilities of the participants shall require the
				following:
(a) Workers compensation
			 coverage shall include all workers compensation for which payroll attributable
			 to the contractual agreement has been reported and the premiums collected
			 covering all services performed incidental to, arising out of, or emanating
			 from the construction site or sites and the coming or going to or from the site
			 or sites. Nothing in this regulation shall be construed to expand, reduce, or
			 otherwise modify current statutory law, regulations, or judicial decisions
			 regarding the scope of workers compensation obligations regarding off-site
			 injuries. This regulation shall be limited to requiring that any controlled
			 insurance program provide coverage for the work-related off-site injuries only
			 to the extent that the injuries would otherwise be covered under existing law
			 and regulations. This regulation shall be construed to require that any
			 controlled insurance program provide coverage for work-related off-site
			 injuries to the extent that the injuries would be covered under existing law as
			 interpreted by the courts.
(b)
			 Participants shall not be required to provide employment to a worker who has
			 been injured on the job unless both of the following conditions are met:
(1) The worker's treating health care
			 provider certifies that the worker is fit to perform the participant's work on
			 the job site consistent with the treating physician's limitations.
(2) The employer has the preinjury job or
			 modified work available.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-59 - Workers compensation policies

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For the purpose of this regulation and
			 K.S.A.
			 40-955 and amendments thereto, each of the
			 following terms shall have the meaning specified in this subsection:
(1) "Advisory organization" means an entity
			 licensed by the commissioner for the reporting of claims and experience data
			 for the administration of the workers compensation experience rating
			 system.
(2) "Client" has the
			 meaning specified in
			 L.
			 2012, ch. 142,
			 §
										2, and amendments thereto.
(3) "Covered employee" has the meaning
			 specified in
			 L.
			 2012, ch. 142,
			 §
										2, and amendments thereto.
(4) "Master policy" means a single policy
			 issued to a professional employer organization or professional employer group
			 for the covered employees and any direct-hire employees of the professional
			 employer organization or the professional employer group.
(5) "Multiple coordinate policy" means an
			 agreement under which a separate policy is issued to or on behalf of each
			 client or group of affiliated clients of a professional employer organization
			 or a professional employer group, but payment of obligations and certain policy
			 communications are coordinated through the professional employer organization
			 or the professional employer group. This term is also known as a "multiple
			 coordinated policy."
(6)
			 "Professional employer group" has the meaning specified in
			 L.
			 2012, ch. 142,
			 §
										2, and amendments thereto.
(7) "Professional employer organization" has
			 the meaning specified in
			 L.
			 2012, ch. 142,
			 §
										2, and amendments thereto.
(8) "Shared employment relationship" means
			 "co-employment relationship" as defined in
			 L.
			 2012, ch. 142,
			 §
										2, and amendments thereto.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 3 - FIRE AND CASUALTY INSURANCE › Section 40-3-60 - Workers compensation; affidavit of exempt status

Current through Register Vol. 43, No. 28, July 11, 2024
Each company that underwrites workers compensation insurance in
				Kansas shall accept each executed affidavit of exempt status provided by each
				insured, pursuant to K.S.A. 2016 Supp.
				44-5,127
				and amendments thereto, unless there is sufficient evidence that the individual
				who signed the affidavit is required to be covered under the workers
				compensation act.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-1 - Accident and health insurance; individual policies; rate filings; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
The national association of insurance commissioners'
				"guidelines for filing of rates for individual health insurance forms," July
				1989 edition, is hereby adopted by reference subject to the following
				exceptions:
(a) Section II,
			 subsection A.2. is amended by the addition of the following sentence to the
			 definition of "Optionally Renewable":
"Short-term major medical policies are considered to be
				optionally renewable."
(b)
			 Section II, subsection A.3. is not adopted, and the following is substituted:
"When the expected average annual premium for a policy,
				including riders and endorsements, is $100 or more but less than $200, five
				percentage points shall be subtracted from the anticipated loss ratios shown in
				Section II A.1. If the expected average annual premium is less than $100, 10
				percentage points shall be subtracted from the anticipated loss ratios shown in
				Section II A.1."
(c)
			 Section II, subsection A.4. is not adopted.
(d) Section II, subsection A.8. is not
			 adopted.
(e) Section II,
			 subsection C.1.(b) is not adopted.
(f) The appendix is not adopted.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-2 - Accident and sickness insurance policies; franchise plan; requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Forms for
			 accident and sickness insurance policies shall be approved for writing on a
			 franchise plan when:
(1) Accident and
			 sickness insurance on a franchise plan may be issued to:
(A) Three or more employees of any
			 corporation, co-partnership, or individual employer, or any governmental
			 corporation, agency or department; or
(B) 10 or more members of any trade or
			 professional association, a labor union, or any other association that has been
			 in active existence for at least two years when the association or union has a
			 constitution or bylaws and is formed in good faith for purposes other than that
			 of obtaining insurance; and
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-3 - Accident and health insurance policies; renewal and cancellation conditions; description required; cross-reference of renewal and cancellation provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 individual or family policy does not contain either a brief description or
			 separate statement printed on the first page and on the filing back referring
			 to the policy's renewal conditions, a separately captioned provision shall
			 appear on the first page of the policy setting forth the conditions under which
			 the policy may be renewed. The following captions shall be acceptable
			 descriptions of the applicable renewal provisions:
Renewable At Option of Company Guaranteed Renewable to Age 65
				or Eligibility for Medicare--Premium rates may be changed on a class basis
				Non-cancellable and Guaranteed Renewable to Age 65 or Eligibility for Medicare
Non-cancellable and Guaranteed Renewable to Age ( ) or--while
				actively or regularly employed to age ( ) * Guaranteed Renewable to Age ( )
				or--while actively or regularly employed to age ( )--Premium rates may be
				changed on a class basis *
* (For disability income policies only. Insert minimum age of
				not less than 60 and maximum age of not less than 65.)
(b) Other captions may be submitted to the
			 commissioner for approval and may be approved if the commissioner determines
			 that they are equally clear or more definite as to the subject matter.
(c) If the policy is not
			 renewable, a statement to that effect shall appear in a separate provision on
			 the first page of the policy.
(d)
			 If the policy contains a cancellation provision, the cancellation provision
			 shall appear separately, and shall be captioned "cancellation". The existence
			 of the cancellation provision shall be referred to in the renewal provision by
			 specific cross-reference in the renewal caption on the first page of the
			 policy.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-4 - Accident and health insurance policies; limitation on the use of the terms non-cancellable, non-cancellable and guaranteed renewable and guaranteed renewable

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The terms
			 "non-cancellable", "non-cancellable and guaranteed renewable", or "guaranteed
			 renewable" may be used only in a policy which the insured has the right to
			 continue in force by the timely payment of premiums set forth in the policy
			 until the age of 65 or to eligibility for medicare. During this period, the
			 insurer shall not have any right to make any change unilaterally in any
			 provision of the policy except as otherwise provided by this regulation.
(b) Each accident and health or
			 accident only policy which provides for weekly or monthly payments, for a
			 specified period during the continuance of a disability resulting from accident
			 or sickness may provide that the insured has the right to continue the policy
			 only to age 60 if, at age 60, the insured has the right to continue the policy
			 in force at least to age 65 while regularly employed.
(c) Any insurer may make changes in premium
			 rates by classes in policies using the term "guaranteed renewable".
(d) The foregoing limitation on use of the
			 term "non-cancellable" shall also apply to any synonymous term such as "not
			 cancellable" and the limitation on use of the term "guaranteed renewable" shall
			 apply to any synonymous term such as "guaranteed continuable."
(e) The development of policies having other
			 guarantees of renewability shall not be restricted. Accurate description of
			 terms of renewability or classification of policies as "guaranteed renewable"
			 or "non-cancellable" for any other specified period shall not be prohibited, if
			 the terms used to describe them in policy contracts and advertising cannot
			 readily be confused with the above terms.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-12 - Accident and health policies; application as part of the policy; notice required

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each individual
			 policy of accident, sickness, or hospitalization insurance shall not be
			 delivered in this state unless the following notice is attached to the policy:
IMPORTANT NOTICE
Please read the copy of the application attached to this
				policy. Carefully check the application and write to ______(Company),
				______(Address), within 10 days, if any information shown on it is not correct
				and complete, or if any past medical history has been left out of the
				application. This application is a part of the policy and the policy was issued
				on the basis that answers to all questions and the information shown on the
				application are correct and complete.
(b) The statement, preferably in the form of
			 a sticker to be placed on the policy, shall be printed in a prominent manner on
			 paper or in ink of a contrasting color. The insurer may, with the approval of
			 the commissioner, substitute similar wording. This rule shall not apply if the
			 application for insurance is not attached to and made a part of the contract.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-13 - Accident and health insurance; applications; catchall questions

Current through Register Vol. 43, No. 28, July 11, 2024
An application for accident and health insurance shall not
				contain a nonspecific question concerning the general medical history of the
				applicant unless the question is limited in application to a specific period of
				time not in excess of five years.
Kansas Administrative Regulations › Agency 40 - INSURANCE DEPARTMENT › Article 4 - ACCIDENT AND HEALTH INSURANCE › Section 40-4-17 - Accident and health insurance companies; record of loss experience required; form adopted by the national association of insurance commissioners; filing date

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance
			 company transacting accident and health insurance business in the state of
			 Kansas shall maintain a record of country-wide loss experience for each policy
			 form. The record shall be maintained on a "premium earned" and "losses
			 incurred" basis or, optionally, on a "premium received" and "losses paid"
			 basis.
(b) The insurance company
			 shall maintain loss experience on each policy form currently issued and on any
			 policy form not currently issued from which the renewal premiums represent five
			 percent or more of the total premiums received.
(c) The insurance company shall record loss
			 experience on total group business written. The insurance company need not
			 maintain separation of loss experience on individual group policies.
(d) The insurance company shall report
			 experience on the form adopted by the national association of insurance
			 commissioners, as of 1994, which is hereby adopted by reference, and shall file
			 the form not later than May 1 of each year.