Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations

40-1001. Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations. Any number of persons not less than twenty-five (25), citizens of this state, each of whom shall be a property owner and who shall own collectively property of not less than one hundred thousand dollars ($100,000) in value in one of the classes as hereinafter set forth, which they desire to have insured, may form an incorporated company for the purpose of the mutual insurance of its members against loss or damage by fire, lightning, tornado, hail or explosion, other than the explosion of steam boilers or the breaking of flywheels, and those classes of coverage included in the extended coverage endorsement as provided in K.S.A. 40-1002. The extended coverage endorsement shall be deemed to include the classes of coverage now or hereafter defined by statute or by ruling of the commissioner of insurance: Provided, Explosion, other than the explosion of steam boilers or the breaking of flywheels, insurance and the classes of coverage included in the extended coverage endorsement shall be written only on property included in the first class under the provisions of K.S.A. 40-1002, and any amendments thereto. History: L. 1927, ch. 231, 40-1001; L. 1943, ch. 185, § 1; L. 1953, ch. 230, § 1; June 30. Source or prior law: L. 1875, ch. 111, § 1; L. 1885, ch. 132, § 1; L. 1920, ch. 46, § 1; R.S. 1923, 40-421, 40-460. CASE ANNOTATIONS 1. Business of different classes considered. Insurance Co. v. Amick, 45 Kan. 74, 25 P. 211; Insurance Co. v. Amick, 45 Kan. 738, 26 P. 944; Naill v. Insurance Co., 47 Kan. 223, 27 P. 854. 2. Fire policies cannot be issued on property outside state. Insurance Co. v. Wilder, 43 Kan. 731, 23 P. 1061. 3. Liability of member to assessment on premium note considered. Smith v. Insurance Co., 82 Kan. 697, 109 P. 390. 4. Member of mutual fire insurance company bound by policy, including bylaws. Kennedy v. Farmers Alliance Insurance Co., 127 Kan. 768, 770, 275 P. 214. 5. Cited in holding mortgaging of property rendered fire policy void. Martin v. Farmers Alliance Ins. Co., 144 Kan. 324, 326, 59 P.2d 25. 6. Article cited in holding defense of undisclosed mortgage waived. Svetlicic v. Alliance Ins. Co., 136 Kan. 551, 552, 16 P.2d 956. 7. Cited in holding agent authorized to make correction in application. Bussell v. Mennonite Mutual Fire Ins. Co., 137 Kan. 542, 543, 21 P.2d 308. 8. Article cited in holding defense of additional insurance not waived. Jackson v. Republic Mutual Fire Ins. Co., 138 Kan. 571, 574, 27 P.2d 296. 9. Article cited in holding agent's knowledge did not bind company; policyholder presumed to know provisions of policy and company bylaws. Lallak v. Farmers' Mutual Ins. Co., 174 Kan. 720, 721, 722, 723, 257 P.2d 933. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026