Chapter 40, INSURANCE

40-5209. Same; required forms; contents. A notice of transfer and form for response by an insured to such a notice shall be deemed to be sufficient for the purposes of this act if it substantially conforms with the following form: NOTICE OF TRANSFER IMPORTANT: THIS NOTICE AFFECTS…

40-5210. Same; citation of act; duties of commissioner; rules and regulations. (a) K.S.A. 40-5201 through 40-5210, and amendments thereto, shall be known and may be cited as the assumption reinsurance agreement act. (b) This act shall be administered by the commissioner. (c) The …

40-5301. Interstate insurance product regulation compact. This act may be cited as the Interstate Insurance Product Regulation Compact. ARTICLE I. PURPOSES The purposes of this Compact are, through means of joint and cooperative action among the Compacting States: 1. To promote a…

40-5302. Same; representative. The commissioner of insurance shall represent this state on the Interstate Insurance Product Regulation Commission. History: L. 2005, ch. 102, § 2; July 1.

40-5303. Same; alternate representative. The member representing this state on the interstate insurance product regulation compact may be represented thereon by an alternate designated by the commissioner of insurance. Any such alternate shall be an assistant commissioner or a di…

40-5401. Short title. The provisions of K.S.A. 40-5401 through 40-5405, and amendments thereto, shall be known and may be cited as the controlled insurance programs act. History: L. 2009, ch. 136, § 1; July 1.

40-5402. Definitions. As used in the controlled insurance programs act: (a) "Commissioner" means the commissioner of insurance. (b) "Completed operations liability" has the meaning ascribed thereto in K.S.A. 40-4101, and amendments thereto. (c) The terms "construction," "contract…

40-5403. Rules and regulations; requirements. The commissioner by rules and regulations, shall require that: (a) Controlled insurance programs shall: (1) Establish a method for quarterly reporting of the participant's respective claims details and loss information to that partici…

40-5404. Additional rules and regulations. In addition to such other rules and regulations adopted pursuant to this act, the commissioner is hereby authorized to adopt such rules and regulations relating to controlled insurance programs as may be necessary to carry out the provis…

40-5405. Adoption date for rules and regulations. The commissioner shall adopt all rules and regulations required by this act by January 1, 2010. History: L. 2009, ch. 136, § 5; July 1.

40-5501. Short title. K.S.A. 40-5501 through 40-5519, and amendments thereto, shall be known and may be cited as the public adjusters licensing act, and it shall govern the qualifications and procedures for the licensing of public adjusters, on and after July 1, 2009. It specifie…

40-5502. Definitions. As used in K.S.A. 40-5501 through 40-5519, and amendments thereto: (a) "Applicant" means a person who has submitted an application to become a licensed public adjuster in accordance with this act. (b) "Business entity" means a corporation, association, partn…

40-5503. License required; limitations; exceptions. (a) A person shall not act as or represent that such person is a public adjuster in this state unless the person is an individual licensed as a public adjuster in accordance with this act. (b) A licensed public adjuster shall no…

40-5504. Application for license; criminal history record check. (a) An individual applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner. (b) The applicant shall…

40-5505. Requirements for licensure; fingerprinting; criminal history record check; costs. (a) Before issuing a public adjuster license to an applicant under the public adjusters licensing act, the commissioner shall find that the applicant: (1) Is eligible to designate this stat…

40-5506. Examination; retaking examination; when. (a) An applicant for a public adjuster license under this act shall pass a written examination, unless exempt from this requirement pursuant to K.S.A. 40-5507, and amendments thereto. The examination shall test the knowledge of th…

40-5507. Pre-licensing examination not required; when. (a) An applicant who applies for a public adjuster license in this state, who is currently licensed as a public adjuster in another state based on the individual's passage of a public adjuster examination, shall not be requir…

40-5508. Nonresident public adjuster license, when; requirements. (a) Unless denied licensure pursuant to K.S.A. 40-5510, and amendments thereto, a nonresident individual shall receive a nonresident public adjuster license, if: (1) The individual is currently licensed and in good…

40-5509. Issuance of license; authorization of commissioner to set and publish fee; renewal. (a) (1) An individual who has met the requirements for licensure under this act shall be issued a public adjuster license. A public adjuster license shall remain in effect, unless revoked…

40-5510. Suspension, revocation or nonrenewal of license; causes; considerations; penalties. (a) The commissioner may suspend, revoke or refuse to issue or renew a public adjuster's license for any of the following causes: (1) Providing incorrect, misleading, incomplete or materi…

40-5511. Evidence of financial responsibility. (a) Prior to issuance of a public adjuster license and for the duration of the license, the commissioner may require the applicant to furnish evidence of financial responsibility, in a format prescribed by the commissioner, by means …

40-5512. Continuing education requirements. (a) As used in this section: (1) "Biennial due date" means the last day of the month of the date of birth of any public adjuster who is required to complete continuing education credits and report the completion of the continuing educat…

40-5513. Allowable compensation for adjuster; prohibitions. (a) No public adjuster shall charge, agree to or accept as compensation or reimbursement any payment, commission, fee or other thing of value equal to more than 10% of any insurance settlement or proceeds. (b) A public a…

40-5514. Contracts for services; requirements; disclosures; prohibitions. (a) Public adjusters shall ensure that all contracts for their services are in writing and contain the following: (1) Legible full name of the public adjuster signing the contract; (2) permanent home state …

40-5515. Records of transactions. (a) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following: (1) Name of the insured; (2) date, location and amount of the loss; (3) copy of the…

40-5516. Adjuster requirements; ethical requirements. (a) A public adjuster is obligated, under the public adjuster's license, to serve with objectivity and complete loyalty, the interest of the insured only and to render to the insured such information, counsel and service, as w…

40-5517. Reports of legal actions against adjuster. (a) The public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition…

40-5518. Rules and regulations. The commissioner shall promulgate such reasonable rules and regulations as are necessary to carry out the provisions of this act. The commissioner shall adopt such rules and regulations by July 1, 2010. History: L. 2009, ch. 83, § 18; April 23.

40-5519. Same; severability. If any provisions of this act, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held inv…

40-5601. Citation of act. K.S.A. 40-5601 through 40-5609, and amendments thereto, shall be known and may be cited as the portable electronics insurance act. History: L. 2011, ch. 75, § 1; January 1, 2012.

40-5602. Definitions. For purposes of this act: (a) "Commissioner" means the commissioner of insurance. (b) "Covered customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics devices. (c) "Customer" mea…

40-5603. License required. (a) A vendor shall be required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. To hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance, a vend…

40-5604. Disclosures required. (a) At every location where portable electronics insurance is offered to customers, brochures or other written material shall be made available to a prospective customer which: (1) Discloses that portable electronics insurance may provide a duplicat…

40-5605. Vendor requirements; training; charges for insurance. (a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers at each location at which the vendor engages in portable electronics transactions and shall not…

40-5606. Violations; penalties. If a supervising entity, vendor of portable electronics, or employee or authorized representative of a vendor violates any provision of this act, K.A.R. 40-1-34, K.S.A. 40-2404 or 40-4909, and amendments thereto, the commissioner may: (a) Impose on…

40-5607. Policy changes; when allowed; notice requirements; return of unearned premiums. Notwithstanding any other provision of law: (a) An insurer may not terminate an individually enrolled customer based solely upon the age of such enrolled customer's covered portable electroni…

40-5608. Severability clause. If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is h…

40-5609. Rules and regulations. The commissioner may adopt rules and regulations necessary to implement this act. History: L. 2011, ch. 75, § 9; January 1, 2012.

40-5801. Citation of act. The provisions of K.S.A. 40-5801 through 40-5804, and amendments thereto, and K.S.A. 2025 Supp. 40-5805, and amendments thereto, shall be known and may be cited as the electronic notice and document act. History: L. 2013, ch. 97, § 1; L. 2024, ch. 70, § …

40-5803. Definitions. For the purposes of this act: (a) "Delivered by electronic means" includes: (1) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or (2) posting on an electronic network or site accessible via the internet…

40-5804. Electronic delivery of notice or document; requirements; consent; withdrawal of consent; accessibility; exemption for certain mutual insurance companies, exceptions. (a) Subject to subsection (c) or K.S.A. 2025 Supp. 40-5805, and amendments thereto, any notice to a party…

40-5805. Plan sponsor consent to delivery of communications by electronic means, when; requirements of health benefit plan. (a) The plan sponsor of a health benefit plan may, on behalf of health benefit plan covered persons, provide the consent to the delivery of all communicatio…

40-5901. Vision care services act; prohibited contract provisions. No contract issued or renewed on or after the effective date of this act between any insurer, health insurer or any other entity that writes vision care insurance or a vision care discount plan and a vision care p…

40-5902. Same; limitation on charges for services and materials. No vision care provider shall charge more for services and materials that are not covered services under either vision care insurance or a vision care discount plan than such vision care provider's usual and customa…

40-5903. Same; changes in terms; limitations. (a) No vision care insurance policy or vision care discount plan contract covered by this act shall change the terms, discounts or rates provided therein without the concurrence and agreement at the time of such change by the vision c…

40-5904. Same; use of discount card. No provision of this act shall prohibit the use of a discount card by a patient or client of a vision care provider if: (a) Enrollment by the vision care provider is: (1) Completely voluntary; and (2) not conditioned upon the vision care provi…

40-5905. Same; definitions. For the purposes of this act: (a) (1) "Covered service" means any service or material for which: (A) Reimbursement from the vision care insurance or health benefit plan is provided for by an insured's vision care insurance plan or health benefit plan c…

40-5906. Citation of act; administration of act. (a) K.S.A. 40-5901 through 40-5906, and amendments thereto, shall be known and may be cited as the vision care services act. (b) The commissioner of insurance shall administer the provisions of the vision care services act and may …

40-6001. Risk management and own risk and solvency assessment act. (a) This act shall be known and may be cited as the risk management and own risk and solvency assessment act. (b) The risk management and own risk and solvency assessment act provides the requirements for maintain…

40-6002. Same; definitions. As used in this act: (a) "Act" means the risk management and own risk and solvency assessment act. (b) "Commissioner" means the state commissioner of insurance. (c) "Insurance group" means those insurers and affiliates included within an insurance hold…