Chapter 40, INSURANCE

40-2,228. Enforcement by commissioner of insurance. Any violation of K.S.A. 2025 Supp. 40-2,225 through 40-2,227, and amendments thereto, shall be subject to enforcement by the commissioner of insurance. History: L. 2022, ch. 49, § 4; July 1.

40-2,231. Kansas travel insurance act; citation. (a) K.S.A. 2025 Supp. 40-2,231 through 40-2,240, and amendments thereto, shall be known and may be cited as the Kansas travel insurance act. (b) The Kansas travel insurance act shall be a part of and supplemental to article 2 of ch…

40-2,232. Purpose of act. (a) The purpose of this act is to promote the public welfare by establishing a comprehensive legal framework within which travel insurance may be sold. (b) The requirements of this act shall apply to travel insurance that covers any resident of this stat…

40-2,233. Definitions. As used in Kansas travel insurance act: (a) "Act" means the Kansas travel insurance act. (b) "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer informa…

40-2,234. Limited lines travel insurance producer, licensure; requirements and limitations. (a) The commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines…

40-2,235. Premium tax imposed. (a) A travel insurer shall pay premium tax, pursuant to K.S.A. 40-252, and amendments thereto, on travel insurance premiums paid by any of the following: (1) An individual primary policyholder who is a resident of this state; (2) a primary certifica…

40-2,236. Travel protection plans; requirements. Travel protection plans may combine the features that such travel protection plan offers in this state for one price if: (a) The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it…

40-2,237. Travel insurance policies; requirements and limitations. (a) Each person offering travel insurance to residents of this state shall be subject to the unfair trade practice law, K.S.A. 40-2401 et seq., and amendments thereto, except as otherwise provided in this section.…

40-2,238. Travel administrators; requirements; duties of insurer. (a) Notwithstanding any other provision of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, no person shall act or represent itself as a travel administrator for travel insurance in this state u…

40-2,239. Travel insurance; classification; eligibility and underwriting standards. (a) Notwithstanding any other provision of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, travel insurance shall be classified and filed for purposes of rates and forms under…

40-2,240. Rules and regulations. The commissioner may adopt rules and regulations to implement and enforce the provisions of this act. History: L. 2023, ch. 42, § 10; January 1, 2024.

40-2,241. Citation of act; definitions. (a) K.S.A. 2025 Supp. 40-2,241 through 40-2,250, and amendments thereto, shall be known and may be cited as the Kansas real time motor vehicle insurance verification act. (b) As used in this act: (1) "Act" means the Kansas real time motor v…

40-2,242. Responsibilities of commissioner under act. (a) The commissioner shall establish a web-based system for online verification of motor vehicle insurance and require motor vehicle insurers to establish functionality for such system, as specified in this act. Implementation…

40-2,243. Requirements of insurance verification system. The insurance verification system shall: (a) (1) Transmit requests to insurers for verification of motor vehicle liability insurance via web services established by the insurers in compliance with specifications and standar…

40-2,244. Competitive bid authorized with provider to establish, implement and maintain insurance verification system. The commissioner may conduct a competitive bid and contract with a private service provider that has successfully implemented similar systems in other states to …

40-2,245. Funding and expenses for insurance verification system to be paid by Kansas department of insurance. The department shall provide funding for the implementation, ongoing maintenance and enhancement of the insurance verification system created by this act from the insura…

40-2,246. Cooperation by insurers; requirements; application of act. (a) Insurers shall cooperate with the commissioner and KDOR in establishing and maintaining the insurance verification system and provide motor vehicle insurance policy status information as provided in rules an…

40-2,247. Alternative method for verification authorized for certain insurers. The commissioner may establish, through rules and regulations, an alternative method for verifying motor vehicle liability insurance for insurers that insure 1,000 or fewer vehicles within Kansas. Hist…

40-2,248. Confidentiality of system data. All information and data provided by insurance companies to the insurance verification system, and all reports, responses or other information generated for the purposes of the insurance verification system shall be confidential by law an…

40-2,249. Deadline for insurance verification system operation. The insurance verification system shall be fully operational not later than July 1, 2026, following an appropriate testing period of not less than nine months. No enforcement action shall be taken based on informatio…

40-2,250. Limitations on law enforcement to stop vehicle to establish compliance with insurance coverage. Establishing compliance with the provisions of K.S.A. 40-3104, and amendments thereto, through the insurance verification system shall not be the primary cause for law enforc…

40-2,256. Authority of commissioner to select and announce versions of certain calculations, instructions or other documents in effect. (a) The commissioner is hereby authorized to select and announce the version of insurance calculations, instructions promulgated by the NAIC or …

40-201. Insurance company defined. For the purposes of this article the term "insurance company" shall, unless otherwise provided, apply to all corporations, companies, associations, societies, persons or partnerships writing contracts of insurance, indemnity or suretyship upon a…

40-201a. Service contract; definitions; exemption from regulation. (a) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract shall not be construed to be the business of insurance and shall be exempt from regulation a…

40-202. Code inapplicable to certain lodges, societies, persons and associations. Nothing contained in this code shall apply to: (a) Grand or subordinate lodges of any fraternal benefit society that admits to membership only persons engaged in one or more hazardous occupations in…

40-203. Name of company or society; submission of name to commissioner. No insurance company or fraternal benefit society organized under the laws of this state shall adopt the name of any existing company or society, or any name so similar as to mislead the public. No foreign in…

40-204. Unlawful to offer stock for sale without permit from commissioner; void shares, when. It shall be unlawful for any insurance company or health maintenance organization, its agents or representatives, to offer the stock of such company for sale unless it shall have first o…

40-205. Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and regulations. Each insurance com…

40-205a. Application for license to sell stock of insurance company or health maintenance organization; authorization of commissioner to set and publish fee. (a) No person shall perform any act toward selling the stock of any insurance company or health maintenance organization u…

40-205b. Denial of application to sell stock as agent; hearing. The commissioner of insurance shall have the power to deny any applicant's application, if the applicant is not of a good business reputation, if the best interests of the public will not be served under such license…

40-205c. Revocation of agent's license; hearing. Whenever the commissioner of insurance is in possession of information indicating that any licensed agent is not of good business repute, or does not serve the interest of the public under such license, or for any other good cause,…

40-205d. Appeal of commission's decision. Any person aggrieved by the commission's decision shall have the right to appeal the decision in accordance with the provisions of the Kansas judicial review act. History: L. 1931, ch. 208, § 4; L. 1984, ch. 313, § 72; L. 2010, ch. 17, § …

40-205e. Penalty. The punishment for failure of a person to have a license as required by this act shall be a fine of not to exceed $500, or imprisonment in the county jail not to exceed six months, or both. History: L. 1931, ch. 208, § 5; March 16.

40-207. Secretary and certain officers to give bond. The board of directors or other managing body of every insurance company organized under the laws of this state shall require the secretary, and all other officers having the care and handling of the funds and securities of the…

40-208. Examination by commissioner before issuance of certificate. Every insurance company organized under the laws of this state having fulfilled the conditions precedent required by this code shall notify the commissioner of insurance who shall, prior to issuing any certificat…

40-209. Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws. (a) Any insurance company organized under the laws of any other country, state or territory, upon application, may be authorized…

40-209b. Same; act supplemental. That this act is supplemental to and in no wise derogatory of or amending or repealing any existing statutes prescribing the powers and duties of the state insurance department. History: L. 1931, ch. 210, § 2; May 28.

40-210. Foreign companies outside United States; permission to transact business; assets; condition. To determine whether any insurance company organized under the laws of any government or state, other than one of the United States, may be permitted to transact the business of i…

40-211. Amount of deposit of foreign company outside United States. No insurance company organized under the laws of any government or state other than one of the United States, shall be permitted to transact the business of insurance in this state unless the aggregate of such de…

40-212. Credit for reinsured risks. In considering the liabilities of any insurance company organized under the laws of any government or state other than one of the United States, it shall not be credited with risks reinsured, except for such risks as are reinsured in companies …

40-213. Unlawful transfer of premium notes. It shall be unlawful for any insurance company or any agent thereof who shall have accepted premium notes in payment for policies of insurance to sell or assign such note or notes prior to the delivery of the policy or policies to the i…

40-214. Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts. It shall be unlawful for any person, company, corporation or fraternal benefit society to transact the business of insurance, indemnity or suretyship, or do any act…

40-215. Duration of licenses and certificates. All certificates and licenses granted under this code shall continue in force until suspended, revoked, or otherwise terminated by the commissioner of insurance. History: L. 1927, ch. 231, 40-215; L. 1978, ch. 167, § 1; July 1. Sourc…

40-216. Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requirements by commissioner; hea…

40-217. Contents of policies of foreign company. The policies of any insurance company not organized under the laws of this state may, with the approval of the commissioner of insurance, contain any provision which the laws of the state, territory, district, or country under whic…

40-218. Actions and garnishment proceedings against insurance companies; process; venue; procedure; authorization of commissioner to set and publish fee. (a) Every insurance company, or fraternal benefit society, on applying for authority to transact business in this state, and a…

40-219. Failure of company to pay judgment. Whenever any insurance company shall become liable to pay any loss to any person in this state, and shall neglect or refuse for three months after final judgment to pay the same, there being no appeal pending, and no supersedeas bond fi…

40-220. Action against insurance company to be brought in this state; injunction. It shall be unlawful for any person who is a resident of this state to bring or maintain any action arising in this state, at law or in equity, against any insurance company organized under the laws…

40-221a. Reinsurance of risks of and by Kansas companies; procedure; requirements. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements…

40-221b. Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions. (a) Purpose. The actions and information required by this section are declared to be necessary and appropriate in the public interest and for the protection of the ceding insurers in t…