Execution and contents of policy

K.S.A. 40-1017 — under MUTUAL FIRE AND TORNADO COMPANIES.

K.S.A. 40-1017

40-1017. Execution and contents of policy. Such companies may issue policies of insurance, signed by the president and secretary, agreeing, in the name of the company, to pay all loss or damage not exceeding the amount insured. The company may issue more than one policy to one person, firm or corporation having separate or detached buildings, if such buildings may be insured under the provisions of this article and the bylaws of the company. Every policy issued other than for a cash premium shall have attached thereto a copy of the note and every policy, whether issued for a cash premium or on the note plan, shall have attached thereto a copy of the application, if one is required to be inserted therein by the bylaws of the company, and a printed copy of such portion of the bylaws and rules and regulations of the company as applies to the risk insured thereunder, and the policy as thus issued shall be and constitute the entire contract between the company and the insured. History: L. 1927, ch. 231, 40-1017; L. 1931, ch. 206, § 3; May 28. Source or prior law: L. 1885, ch. 132, § 20; R.S. 1923, 40-441. CASE ANNOTATIONS 1. Signatures of president and secretary only are not sufficient. Insurance Co. v. Bank of Blue Mound, 48 Kan. 393, 29 P. 576. 2. Bylaws are part of contract. Smith v. Insurance Co., 82 Kan. 697, 109 P. 390; Kennedy v. Insurance Co., 96 Kan. 598, 152 P. 639. 3. Construction of application and policy considered. Kinser v. Insurance Association, 88 Kan. 93, 96, 127 P. 762; Brenn v. Insurance Co., 103 Kan. 517, 175 P. 383. 4. Change in bylaws does not affect rights of parties. Brenn v. Insurance Co., 103 Kan. 517, 175 P. 383. 5. Printed copy of bylaws must be attached to policy; becomes part of contract. Akers v. Farmers Alliance Ins. Co., 118 Kan. 241, 242, 245, 234 P. 956. 6. Plaintiff entitled to recover although bylaws and regulations not signed. Rigdon v. Farmers Alliance Ins. Co., 122 Kan. 136, 139, 251 P. 631. 7. Bylaws required written application for renewal, company not liable. Smith v. Miami Farmers Mutual Fire Ins. Co., 125 Kan. 10, 13, 262 P. 552. 8. Copy of bylaws signed by insured must be attached to policy. Kennedy v. Farmers Alliance Ins. Co., 127 Kan. 768, 770, 275 P. 214. 9. Application and bylaws are essential parts of contract. Haney v. Farmers Alliance Ins. Co., 134 Kan. 5, 7, 4 P.2d 460. 10. Cited in holding defense of undisclosed mortgage waived. Svetlicic v. Farmers Alliance Ins. Co., 136 Kan. 551, 552, 16 P.2d 956. 11. 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. 12. Bylaw voiding policy for additional insurance held not waived. Jackson v. Republic Mutual Fire Ins. Co., 138 Kan. 571, 574, 27 P.2d 296. 13. Bylaw is part of contract and soliciting agent cannot waive. Lohr v. Farmers Alliance Ins. Co., 144 Kan. 776, 778, 62 P.2d 837. 14. Cited; insurance held avoided by encumbrance on property. Reser v. Southern Kansas Mutual Ins. Co., 150 Kan. 58, 64, 91 P.2d 25. 15. Essentials of binding contract stated and applied; parol agreement void. Peterson v. Farmers Mutual Ins. Co., 155 Kan. 244, 248, 124 P.2d 504. 16. Mentioned; agent cannot waive or abrogate integral parts of policy. 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