Chapter 40 — INSURANCE
1,749 sections in this chapter.
K.S.A. 40-3311 Violations of act; penalties
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40-3311. Violations of act; penalties. (a) Every director or officer of an insurance holding company system who knowingly violates, participates in, or assents to, or who knowingly shall permit any of the officers or agents of the insurer to engage in transactions or make investm…
K.S.A. 40-3311a Same; suspension, revocation or refusal to renew certificate of authority
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40-3311a. Same; suspension, revocation or refusal to renew certificate of authority. On and after July 1, 1993, when it appears to the commissioner of insurance that any person has committed a violation of this act which makes the continued operation of an insurer contrary to the…
K.S.A. 40-3312 Repealed
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40-3312. History: L. 1974, ch. 183, § 12; Repealed, L. 1986, ch. 318, § 146; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Document…
K.S.A. 40-3313 Repealed
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40-3313. History: L. 1976, ch. 217, § 4; Repealed, L. 1988, ch. 356, § 361; July 1, 1989. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Doc…
K.S.A. 40-3314 Repealed
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40-3314. History: L. 1991, ch. 138, § 2; L. 1992, ch. 288, § 9; Repealed, L. 1997, ch. 166, § 4; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sch…
K.S.A. 40-3315 Liquidation or rehabilitation of insurer; what is recoverable by receiver
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40-3315. Liquidation or rehabilitation of insurer; what is recoverable by receiver. (a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer: (1) From a…
K.S.A. 40-3316 Supervisory college; powers of commissioner
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40-3316. Supervisory college; powers of commissioner. (a) With respect to any insurer registered under K.S.A. 40-3305, and amendments thereto, and in accordance with subsection (d), the commissioner of insurance shall have the power to participate in a supervisory college for any…
K.S.A. 40-3317 Citation of act
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40-3317. Citation of act. K.S.A. 40-3301 through 40-3315, and K.S.A. 40-3316 and 40-3317, and amendments thereto, shall be known and may be cited as the insurance holding company act. History: L. 2013, ch. 15, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General …
K.S.A. 40-3318 Internationally active insurance groups; group-wide supervisor; powers
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40-3318. Internationally active insurance groups; group-wide supervisor; powers. (a) The commissioner is authorized to act as the group-wide supervisor for any internationally active insurance group in accordance with the provisions of this section. However, the commissioner may …
K.S.A. 40-3401 Definitions
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40-3401. Definitions. As used in this act: (a) "Applicant" means any healthcare provider. (b) "Basic coverage" means a policy of professional liability insurance required to be maintained by each healthcare provider pursuant to the provisions of K.S.A. 40-3402(a) or (b), and amen…
K.S.A. 40-3402 Professional liability insurance to be maintained by health care providers as condition of active licensure to render services in state, exception, limits of coverage; information to be furnished by insurer; termination of coverage, notice; contents of policies issued in state; duties of certain insurance companies; surcharge and information required of certain health care providers; occurrence form policy as alternative to required claims made policy for certain persons.
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40-3402. Professional liability insurance to be maintained by health care providers as condition of active licensure to render services in state, exception, limits of coverage; information to be furnished by insurer; termination of coverage, notice; contents of policies issued in…
K.S.A. 40-3403 Health care stabilization fund, establishment and administration; board of governors, membership, organization, meetings, executive director and staff and general powers and duties; duties of commissioner of insurance; liability of fund; payments from fund; qualification of health care provider for coverage under fund, termination; liability of provider for acts of other providers; university of Kansas medical center private practice foundation reserve fund, establishment, transfers from; provider coverage options, election; eligibility of psychiatric hospitals and certain inactive providers for coverage; termination of fund liability for certain providers.
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40-3403. Health care stabilization fund, establishment and administration; board of governors, membership, organization, meetings, executive director and staff and general powers and duties; duties of commissioner of insurance; liability of fund; payments from fund; qualification…
K.S.A. 40-3403a Termination of fund coverage; equivalent insurance required
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40-3403a. Termination of fund coverage; equivalent insurance required. Any health care provider whose fund coverage has been terminated under subsection (i) of K.S.A. 40-3403, and amendments thereto, shall, as a condition of licensure, maintain continuous professional liability i…
K.S.A. 40-3403b Health care stabilization fund oversight committee; members, compensation and expenses; duties; legislative staff assistance; information provided for actuarial review, confidentiality, exemption from legal process.
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40-3403b. Health care stabilization fund oversight committee; members, compensation and expenses; duties; legislative staff assistance; information provided for actuarial review, confidentiality, exemption from legal process. (a) There is hereby created a health care stabilizatio…
K.S.A. 40-3404 Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge
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40-3404. Annual premium surcharge; collection by insurer; penalty for failure of insurer to comply; basis of amount of premium surcharge. (a) Except for any health care provider whose participation in the fund has been terminated pursuant to subsection (i) of K.S.A. 40-3403, and …
K.S.A. 40-3404a Repealed
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40-3404a. History: L. 1986, ch. 229, § 25; Repealed, L. 1987, ch. 176, § 12; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Document…
K.S.A. 40-3405 Repealed
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40-3405. History: L. 1976, ch. 231, § 5; Repealed, L. 1989, ch. 143, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …
K.S.A. 40-3406 Investment of health care stabilization fund moneys
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40-3406. Investment of health care stabilization fund moneys. After consultation with the board of governors the director of investments may invest and reinvest moneys in the fund in accordance with investment policies established by the pooled money investment board under K.S.A.…
K.S.A. 40-3407 Payments from fund; claim payments
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40-3407. Payments from fund; claim payments. (a) Except for investment purposes, all payments from the fund shall be upon warrants of the state of Kansas issued pursuant to vouchers approved by the executive director or the executive director's designee, and, with respect to clai…
K.S.A. 40-3407a Same; expenditures irrespective of time liability incurred or judgment or settlement made
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40-3407a. Same; expenditures irrespective of time liability incurred or judgment or settlement made. (a) Expenditures may be made from the health care stabilization fund for attorney fees, expenses and other costs incurred in defending the fund against claims and for judgments an…
K.S.A. 40-3408 Liability of insurer or self-insurer for injury or death arising out of act or omission of healthcare provider, limitation; fund coverage excess over liability insurance coverage; permissive exclusions from coverage.
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40-3408. Liability of insurer or self-insurer for injury or death arising out of act or omission of healthcare provider, limitation; fund coverage excess over liability insurance coverage; permissive exclusions from coverage. (a) For a claim for personal injury or death arising o…
K.S.A. 40-3409 Service upon board of governors required in action filed in state for injury or death arising out of act or omission of health care provider; time for filing; effect of failure to make service; notification of board of governors required in action filed outside of state; copy of petition involving certain health care providers forwarded to state board of healing arts; defense of action; costs; submission of certain information to board of healing arts.
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40-3409. Service upon board of governors required in action filed in state for injury or death arising out of act or omission of health care provider; time for filing; effect of failure to make service; notification of board of governors required in action filed outside of state;…
K.S.A. 40-3410 Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval
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40-3410. Negotiation of amount of claim to be paid from fund; settlement; procedure for court approval. When the insurer of a health care provider or inactive health care provider covered by the fund has agreed to settle its liability on a claim against its insured or when the se…
K.S.A. 40-3411 Commencement of actions upon failure to reach settlement or obtain court approval thereof on amount to be paid from fund; defense of action; attorneys' fees; obligation of provider to attend hearings and trial and give evidence.
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40-3411. Commencement of actions upon failure to reach settlement or obtain court approval thereof on amount to be paid from fund; defense of action; attorneys' fees; obligation of provider to attend hearings and trial and give evidence. (a) In any claim in which the insurer of a…
K.S.A. 40-3412 Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages.
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40-3412. Actions against health care providers or inactive health care providers; no direct action against fund or insurer; inadmissible evidence; fund not liable for certain damages. (a) Any action for personal injury or death arising out of the rendering of or the failure to re…
K.S.A. 40-3413 Apportionment of risk among insurers; preparation of plan; contents; approval or disapproval; amendment; preparation by commissioner of insurance, when; order to discontinue unfair or unreasonable activities or activities inconsistent with act; membership of governing board; commissions on insurance written under plan; prior acts liability insurance for certain providers, policy limits.
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40-3413. Apportionment of risk among insurers; preparation of plan; contents; approval or disapproval; amendment; preparation by commissioner of insurance, when; order to discontinue unfair or unreasonable activities or activities inconsistent with act; membership of governing bo…
K.S.A. 40-3414 Qualification of healthcare provider or system as self-insurer; cancellation of certificate of self-insurance, grounds; payment of surcharge; Kansas soldiers' home, Kansas veterans' home and persons engaged in residency training and persons engaged in a postgraduate training program as self-insurers; health maintenance organizations and related groups; private practice foundations and faculty of university of Kansas medical center.
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40-3414. Qualification of healthcare provider or system as self-insurer; cancellation of certificate of self-insurance, grounds; payment of surcharge; Kansas soldiers' home, Kansas veterans' home and persons engaged in residency training and persons engaged in a postgraduate trai…
K.S.A. 40-3415 Consultation and assistance in maintaining compliance with act
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40-3415. Consultation and assistance in maintaining compliance with act. The board of governors, the commissioner, the attorney general, the health care stabilization fund oversight committee and the officers and employees of the state agencies which license, register, certify or…
K.S.A. 40-3416 Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief
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40-3416. Report of suspected violations to regulatory agencies; investigation; report to attorney general; injunctive relief. When the board of governors is informed or reasonably suspects that a health care provider licensed to render professional services is in violation of K.S…
K.S.A. 40-3417 Rules and regulations
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40-3417. Rules and regulations. (a) Except as otherwise provided by subsection (b), the commissioner may adopt such rules and regulations as may be deemed necessary to carry out the purposes of this act. (b) The board of governors may adopt such rules and regulations as may be de…
K.S.A. 40-3418 Severability of act
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40-3418. Severability of act. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause…
K.S.A. 40-3418a Severability of act
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40-3418a. Severability of act. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applicat…
K.S.A. 40-3419 Title of act
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40-3419. Title of act. K.S.A. 40-3401 et seq., and amendments thereto, shall be known and may be cited as the health care provider insurance availability act. History: L. 1976, ch. 231, § 19; L. 2014, ch. 56, § 18; July 1. Law Review and Bar Journal References: "Countersuit: A Vi…
K.S.A. 40-3420 Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act.
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40-3420. Professional corporation which reorganizes as not-for-profit corporation is continuing concern for purposes of obtaining basic coverage under health care provider insurance availability act. (a) Any professional corporation organized under the professional corporation la…
K.S.A. 40-3421 Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions
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40-3421. Reports by insurers of claims and actions, confidentiality; failure to report, civil penalty; liability of insurers in civil actions. (a) Any insurer providing professional liability insurance coverage to a health care provider, as defined by K.S.A. 40-3401, and amendmen…
K.S.A. 40-3422 Appeal bond
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40-3422. Appeal bond. In any medical malpractice liability action, as defined by K.S.A. 60-3401, and amendments thereto, the proceedings shall be stayed on appeal by the filing of a supersedeas bond in the amount of the judgment for which the fund is liable. Such supersedeas bond…
K.S.A. 40-3423 Annuities purchased by fund
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40-3423. Annuities purchased by fund. The health care stabilization fund may own or assign any annuity purchased by the fund pursuant to K.S.A. 60-3407, 60-3409 or 60-3411 or pursuant to K.S.A. 40-3410 and amendments thereto in settlements of the liability of the fund. History: L…
K.S.A. 40-3424 Fund liability for judgments or settlements against inactive healthcare providers
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40-3424. Fund liability for judgments or settlements against inactive healthcare providers. (a) For all claims made on and after July 1, 2014, the amount of fund liability for a judgment or settlement against a resident or nonresident inactive healthcare provider shall be equal t…
K.S.A. 40-3425 Fund not liable for certain claims
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40-3425. Fund not liable for certain claims. (a) Notwithstanding any provision of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, to the contrary, the fund shall in no event be liable for any claim against a healthcare provider if: (1) The healt…
K.S.A. 40-3501 Title of act
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40-3501. Title of act. This act may be cited as the "mortgage guaranty insurance act." History: L. 1977, ch. 154, § 1; January 1, 1978. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived…
K.S.A. 40-3502 Definitions
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40-3502. Definitions. As used in this act the following terms shall have the meanings respectively ascribed to them herein: (a) "Mortgage guaranty insurance company" means any corporation, company, association, reciprocal exchange, persons or partnerships writing contracts of mor…
K.S.A. 40-3503 Capital and surplus requirements
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40-3503. Capital and surplus requirements. A mortgage guaranty insurance company shall not transact the business of mortgage guaranty insurance unless, if said company is a stock insurance company, it has paid-in capital of at least one million dollars ($1,000,000) and surplus of…
K.S.A. 40-3504 Requirements prior to issuance of policies
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40-3504. Requirements prior to issuance of policies. No mortgage guaranty insurance company may issue policies until it has obtained from the commissioner of insurance a certificate of authority and has complied with the other applicable provisions of chapter 40 of the Kansas Sta…
K.S.A. 40-3505 Insuring of certain risks prohibited
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40-3505. Insuring of certain risks prohibited. (a) A mortgage guaranty insurance company shall not insure loans secured by a single risk in excess of ten percent (10%) of its aggregate capital, surplus and contingency reserve. (b) No mortgage guaranty insurance company shall have…
K.S.A. 40-3506 Preparation of information and advertisements concerning real estate investments of financial institutions; prohibited conduct
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40-3506. Preparation of information and advertisements concerning real estate investments of financial institutions; prohibited conduct. No mortgage guaranty insurance company or any agent or representative of a mortgage guaranty insurance company shall prepare or distribute or a…
K.S.A. 40-3507 Investments; prohibitions
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40-3507. Investments; prohibitions. A mortgage guaranty insurance company shall not invest in notes or other evidences of indebtedness secured by mortgage or other lien upon real property. This section shall not apply to obligations secured by real property, which obligations or …
K.S.A. 40-3508 Repealed
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40-3508. History: L. 1977, ch. 154, § 8; Repealed, L. 2012, ch. 55, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…
K.S.A. 40-3509 Certificate of authority; eligibility for; time for compliance
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40-3509. Certificate of authority; eligibility for; time for compliance. (a) A mortgage guaranty insurance company which anywhere transacts any class of insurance other than mortgage guaranty insurance is not eligible for the issuance of a certificate of authority to transact mor…
K.S.A. 40-3510 Discrimination in issuing or extending insurance prohibited; requirements on lender by insurance company authorized; examination of borrower and appraisal report required prior to writing insurance.
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40-3510. Discrimination in issuing or extending insurance prohibited; requirements on lender by insurance company authorized; examination of borrower and appraisal report required prior to writing insurance. (a) No mortgage guaranty insurance company may discriminate in the issua…
K.S.A. 40-3511 Issuance of insurance to lending institutions; extension of coverage to individual loans; consideration as group policies; owner-occupied, single-family dwelling, borrower not liable to company for deficiency arising from foreclosure sale.
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40-3511. Issuance of insurance to lending institutions; extension of coverage to individual loans; consideration as group policies; owner-occupied, single-family dwelling, borrower not liable to company for deficiency arising from foreclosure sale. Policies of mortgage guaranty i…