Purpose; legislative declaration

40-2001. Purpose; legislative declaration. The purpose of this act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its powers to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340,* which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states. History: L. 1949, ch. 283, § 1; June 30. Revisor's Note: * The citation for this public law reference is U.S.C. §§ 1011 to 1015. CASE ANNOTATIONS 1. Mailing of policy and loss payable endorsement; act applicable. Groff v. Automobile Owners Safety Ins. Co., 180 Kan. 518, 522, 306 P.2d 130. 2. Where judgment rendered in garnishment proceeding based on insurance, attorney fees allowed to judgment creditor. Farmco, Inc. v. Explosive Specialists, Inc., 9 Kan. App. 2d 507, 515, 684 P.2d 436 (1984). 3. The term "insurer" as defined in the Kansas unauthorized insurers process act does not include insurance brokers. Stephenson v. Frizzel Intern., Ltd., 812 F. Supp. 1132, 1133, 1134 (1992). 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