Tender of premiums with defense of misrepresentation

40-419. Tender of premiums with defense of misrepresentation. In suits brought upon life policies heretofore or hereafter issued, no defense based upon misrepresentation in obtaining or securing the same shall be valid unless the defendant, at or before the trial, shall deposit in court for the benefit of the plaintiff the premiums received on such policies. History: L. 1927, ch. 231, 40-419; June 1. Source or prior law: L. 1907, ch. 226, § 2; R.S. 1923, 40-331. Law Review and Bar Journal References: "Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions," Robert H. Jerry II, 32 K.L.R. 287, 319 (1984). CASE ANNOTATIONS 1. When defense of misrepresentation held good. Hiatt v. Woodmen of the World, 107 Kan. 359, 360, 191 P. 472. 2. Administratrix had no legal claim to premiums paid by party other than deceased insured; purpose of section stated. Chute v. Old American Ins. Co., 6 Kan. App. 2d 412, 423, 629 P.2d 734 (1981). 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