Supervision of commissioner

40-103. Supervision of commissioner. The commissioner of insurance shall have general supervision, control and regulation of corporations, companies, associations, societies, exchanges, partnerships, or persons authorized to transact the business of insurance, indemnity or suretyship in this state and shall have the power to make all reasonable rules and regulations necessary to enforce the laws of this state relating thereto. History: L. 1927, ch. 231, 40-103; June 1. Source or prior law: L. 1879, ch. 166, §§ 106, 107; L. 1911, ch. 208, § 4; L. 1915, ch. 161, § 4; L. 1921, ch. 202, § 15; R.S. 1923, 40-904, 40-913, 40-1015, 75-901. Attorney General's Opinions: Statutory basis for rules and regulations concerning prohibition of subrogation clauses by insurance commissioner. 84-35. CASE ANNOTATIONS 1. Determination of commissioner cannot be controlled or directed by mandamus. Insurance Co. v. Wilder, 40 Kan. 561, 20 P. 265. 2. Mutual insurance automobile policy, not approved by superintendent, issued without authority, subject to cancellation. Olson v. Automobile Insurance Co., 115 Kan. 227, 231, 222 P. 104. 3. Commissioner not compelled to certify policy embodying forbidden special inducements. National Savings Life Ins. Co. v. Hobbs, 129 Kan. 663, 668, 284 P. 397. 4. Supervisory authority of commissioner reviewed in receivership action by stockholders. Wright v. Federal Reserve Life Ins. Co., 131 Kan. 601, 605, 293 P. 945. 5. Cited; commissioner's finding revoking agent's license conclusive unless authority abused. Murphy v. Hobbs, 139 Kan. 799, 801, 33 P.2d 135. 6. Commissioner is necessary party in action by attorney general against insurance company. State, ex rel., v. Kansas Life Ins. Co., 140 Kan. 267, 36 P.2d 88. 7. Insurance moratorium act (L. 1933, ch. 203) held invalid as delegation of legislative power. Brown v. Illinois Bankers Life Assur. Co., 144 Kan. 670, 676, 63 P.2d 165. 8. Validity of stock issue; court without jurisdiction until commissioner considers question. Morris v. Liberty Life Ins. Co., 154 Kan. 152, 115 P.2d 773. 9. Duties of commissioner under K.S.A. 40-703 ministerial and not administrative. Fidelity Life Ass'n v. Hobbs, 161 Kan. 163, 165, 166 P.2d 1001. 10. Mentioned; commissioner cannot surround right of hearing for license applicant with unreasonable terms and conditions. Holmstrom v. Sullivan, 192 Kan. 746, 752, 391 P.2d 100. 11. Authority of regulation to prohibit subrogation of medical benefits coverage other than PIP (K.S.A. 40-3113a) examined. Durrett v. Bryan, 14 Kan. App. 2d 723, 727, 799 P.2d 110 (1990). 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