Kansas Administrative Code

(Authorized by Chapter 68, Article 20, K.S.A. specifically sections 68-2030 to 68-2049 thereof, and sections 501 and 502 of the trust agreement dated Aug. 1, 1957; effective Jan. 1, 1966; revoked Jan. 8, 1999.)

(Authorized by K.S.A. 68-2030 to 68- 2049 and sections 501 and 502 of the trust agree- ment dated Aug. 1, 1957; effective Jan. 1, 1966; revoked Jan. 8, 1999.) 277 Articles 40-1. General. 40-2. Life Insurance. 40-3. Fire and Casualty Insurance. 40-4. Accident and Health Insurance.…

Officers, directors, trustees; fi- nancial interest in sale or loan by company; prohibited. (a) Except as permitted by K.S.A. 1984 Supp. 40-2a13 and 40-2b10 respectively, an officer, director, or trustee of an insurance com- pany, association, or society doing business in this st…

Insurance companies; premium financing plans; requirements. (a) For the pur- pose of this regulation, premium financing plans are defined as: (1) Plans whereby the company offers the in- sured an installment method of paying premiums for each type of coverage purchased, such as l…

(Authorized by K.S.A. 40-103, 40- 216, 40-2207, 40-2404; effective Jan. 1, 1966; re- voked May 1, 1979.)

Insurance companies; unau- thorized writing of insurance; premium tax. Each insurance company writing insurance in this state on the life or person of state residents, or on property located within this state, without autho- rization from the commissioner of insurance shall, afte…

(Authorized by K.S.A. 40-103; im- plementing 40-246a, 40-252; effective Jan. 1, 1966; amended Jan. 1, 1973; amended May 1, 1986; revoked June 22, 2001.)

(Authorized by K.S.A. 40-103, 40- 208,40-209,40-216,40-926,40-1111,K.S.A.1978 Supp. 40-928, 40-1113; effective Jan. 1, 1966; re- voked May 1, 1979.)

Insurance companies; approval of forms; company names. (a) A policy form shall not contain the name of an insurance com- pany that is unauthorized to transact business in Kansas. (b) If the policy contains the name of more than one company authorized to transact busi- ness in Kan…

Insurance companies; approval of forms; advertising. (a) An application form, policy form, plan, certificate of coverage, rider, endorsement, or other form to be attached to a policy, shall not contain advertising which: (1) Misleads, (2) does not materially facilitate understand…

Insurance companies; policy forms; return of unearned premium; condi- tion precedents prohibited. When an insurance policy provision provides for the return of unearned premium,theprovisionshallnotrequiretheinsured to request the return of premium, or that the pre- miumisreturned…

(Authorized by K.S.A. 40-103, 40- 216, 40-235, 40-2203, 40-2203(G); effective Jan. 1, 1966; revoked May 1, 1979.)

Insurance companies; combina- tion policies; requirements. Each company au- thorized to transact business in this state shall be prohibited from issuing a policy which combines insurance for which rate filings are required with insurance for which rate filings are not required. T…

(Authorized by K.S.A. 40-103, 40- 209, 40-216, K.S.A. 1978 Supp. 40-214; effective Jan. 1, 1966; revoked May 1, 1979.)

Same; subrogation clause pro- hibited for certain coverages. No insurance company or health insurer, as defined in K.S.A. 280 INSURANCE DEPARTMENT 40-1-21 40-4602 and amendments thereto, may issue any contract or certificate of insurance in Kansas con- taining a subrogation claus…

(Authorized by K.S.A. 40-103, 40- 209, 40-239, K.S.A. 1978 Supp. 40-214, 40-246; effective Jan. 1, 1966; revoked May 1, 1979.)

Insurance policies and certifi- cates; change of name or merger of an insur- ance company; assumption of risk endorse- ments. (a) Each assuming company shall attach to each insurance policy and each certificate of accident and sickness coverage an “assumption of risk” endorsement…

(Authorized by K.S.A. 40-103, K.S.A. 1978 Supp. 40-252; effective Jan. 1, 1971; revoked May 1, 1979.)

(Authorized by K.S.A. 40-103, 40- 2801, 40-2802, 40-2803, 40-2804, 40-2805, 40- 2806, 40-2807, 40-2808, 40-2810, 40-2811, K.S.A. 1978 Supp. 40-2809; effective Jan. 1, 1971; re- voked May 1, 1979.)

(Authorized by K.S.A. 40-103, 40- 226; effective Jan. 1, 1973; amended May 1, 1979; revoked May 1, 1986.)

(Authorized by K.S.A. 40-103, 40- 254; effective Jan. 1, 1973; revoked May 1, 1986.)

(Authorized by K.S.A. 40-103, 40- 251, 40-2214; effective Jan. 1, 1973; amended May 1, 1979; revoked May 1, 1986.)

Insurance holding companies; reporting forms and instructions. The Kan- sas insurance department’s “policy and procedure providing insurance holding company system re- porting forms and instructions,” dated September 15, 2020, is hereby adopted by reference. (Au- thorized by K.S.…

(Authorized by K.S.A. 40-103, 40- 3309; implementing K.S.A. 40-3306(c); effective May 1, 1976; amended May 1, 1986; revoked May 1, 1988.)

Foreign insurance companies; deposit requirements. Each insurance compa- ny organized under the laws of a country other than the United States shall be treated as a Unit- ed States domestic company of the state in which the principal office of the company in this country is locat…

(Authorized by K.S.A. 40-103; implementing K.S.A. 40-222, 40-225; effective Feb. 15, 1977; amended May 1, 1986; revoked May 25, 2001.)

Insurance policies; prohibiting certain discriminations. An insurance policy, plan or binder, or a rider or endorsement there- to, shall not be delivered or issued for delivery in this state if the amount of benefits payable, or a term, condition, or type of coverage is or may be…

Insurance companies; riders or endorsements; change in coverage or ben- efits; consent of policyholder. Consent of the policyholder is required if an endorsement or rider attached to an insurance contract or policy subsequent to the issuance date of such contract or policy reduce…

Suspension of form filing re- quirements. The filing requirements of K.S.A. 40-216 shall be suspended when insurance poli- cies, endorsements, riders, and other forms can- not be filed before use because: (a) A change in company officers makes obso- lete the signatures appearing …

Unfair claims settlement practic- es. The national association of insurance commis- sioners’ “unfair claims settlement practices model regulation,” January 1981 edition, is hereby adopt- edbyreference,subjecttothefollowingexceptions: (a) Section 1 is not adopted. (b) The first se…

(Authorized by K.S.A. 40-103, 40- 2404a; implementing K.S.A. 40-2404; effective May 1, 1981; amended May 1, 1986; revoked Dec. 28, 1998.)

Life and health insurance ap- plications; underwriting; acquired immuno- deficiency syndrome (AIDS); defined. (a) As used in this regulation, these terms shall have the following meanings: (1) “Acquired immunodeficiency syndrome (AIDS)” means one or more opportunistic dis- eases …

Audited financial reports; filing requirements. The Kansas insurance depart- ment’s “policy and procedure requiring annual audited financial reports,” dated November 30, 2016, is hereby adopted by reference. (Autho- rized by K.S.A. 40-103 and 40-225; implementing K.S.A. 40-222b, …

Insurance companies; hazard- ous financial condition; standards; corrective actions. The Kansas insurance department’s “pol- icy and procedure for companies deemed to be in hazardous financial condition,” dated August 4, 2009, is hereby adopted by reference. (Autho- rized by K.S.…

Insurance; endorsements and riders; change in coverage; consent of poli- cyholder. (a) No company, or company represen- tative shall be permitted to add coverage to new, renewal, or existing policies if the insured or poli- cyowner has not consented to additional coverage. (b) Th…

(Authorized by K.S.A. 40-103, 40- 201, 40-214; effective Jan. 1, 1966; revoked Jan. 1, 1968.)

Insurance companies; manag- ing general agents; management agreements or contracts; definitions; requirements; pro- hibitions. (a) This regulation shall: (1) Apply to managing general agents as defined by K.S.A. 1992 Supp. 40-2,130; and (2) not apply to administrators holding a c…

Electronic filing and filing finan- cial statements. (a) “Insurer,” as used in this reg- ulation, shall mean the following entities that are operating under the designated articles of chapter 40 of the Kansas statutes annotated and amend- ments thereto: (1) An insurance company o…

Reinsurance trust instruments; letters of credit. (a) Sections 10 and 11 of the national association of insurance commissioners’ “credit for reinsurance model regulation,” January 1997 edition, with amended pages 5 through 22 dated July 2001, are adopted by reference, subject to …

Actuarial opinions and memo- randums. The Kansas insurance department’s “policy and procedure relating to actuarial opin- ions and memorandums,” dated July 9, 2004, is hereby adopted by reference. (Authorized by and implementing K.S.A. 40-409, as amended by L. 2004, ch. 128, sec.…

Release of data from the insur- ance database. (a) Although the data collected by and furnished to the commissioner of insur- ance pursuant to K.S.A. 40-2251, and amend- ments thereto, is not an open record pursuant to K.S.A. 1997 Supp. 45-221(16), and amendments thereto, compila…

Privacy of consumer financial and health information. The national asso- ciation of insurance commissioners’ “privacy of consumer financial and health information reg- ulation,” as adopted by the national association of insurance commissioners on September 26, 2000, is hereby ado…

Insurance companies; deposits; requirements. (a) For the purposes of this regula- tion,thefollowingtermsshallbedefinedasfollows: (1) “Custodial account” means an account es- tablished by written agreement between a compa- ny and a custodian pursuant to K.S.A. 40-229a and amendmen…

Risk-based capital instructions for health organizations. The following doc- ument prepared by the national association of insurance commissioners is hereby adopted by reference: “2016 NAIC health risk-based capital report including forecasting and instructions for com- panies as…

Stop loss or excess loss insur- ance; policy standards. (a) As used in these regulations, these terms shall have the following meanings: (1) “Aggregate attachment point” means the dollar amount per plan beyond which the carri- er issuing the policy assumes some or all of the plan…

Insurance companies; changes in charter, bylaws, officers, management; re- ports to commissioner. The following informa- tion shall be filed with the commissioner within 30 days after the changes or actions become effective or are otherwise finalized: (a) Each change in the chart…

Insurance scoring; definitions; requirements. (a) As used in this regulation and K.S.A. 40-5101 through K.S.A. 40-5114 and amendments thereto, these terms shall have the following meanings: (1) “Farmowner insurance policy” means a pol- icy that provides coverage for a dwelling an…

(Authorized by K.S.A. 40-103; im- plementing K.S.A. 40-229; effective April 9, 2004; amended Dec. 2, 2005; revoked Sept. 14, 2007.)

Corporate governance annual disclosure; reporting forms and instructions. The Kansas insurance department’s “policy and procedure providing corporate governance annu- al disclosure filing instructions,” dated September 9, 2020, is hereby adopted by reference. (Autho- rized by and…

(Authorized by K.S.A. 40-103, 40-225, 40-404a; effective Jan. 1, 1966; amended Jan. 1, 1970;amendedJan.1,1971;revokedMay1,1979.)