Chapter 40 — INSURANCE

40-5007. History: L. 2002, ch. 158, § 7; Repealed, L. 2008, ch. 96, § 9; July 1. Source or Prior Law: 40-2,178. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

40-5007a. Same; examinations; record keeping requirements; powers of commissioner. (a) (1) The commissioner may conduct an examination under this act of a licensee as often as the commissioner in such commissioner's sole discretion deems appropriate. (2) For purposes of completin…

40-5008. Same; required disclosures. (a) With each application for a viatical settlement, a viatical settlement provider or viatical settlement broker shall provide the viator with at least the following disclosures no later than the time the application for the viatical settleme…

40-5009. History: L. 2002, ch. 158, § 9; Repealed, L. 2008, ch. 96, § 9; July 1. Source or Prior Law: 40-2,180. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archi…

40-5009a. Same; viatical settlement contract; required documents; confidentiality of medical information; viator's rights; payment of proceeds; contacts with viator; limitations. (a) (1) A viatical settlement provider entering into a viatical settlement contract shall first obtai…

40-5010. Same; two year prohibition on entering into viatical settlement; exceptions. No person at any time prior to, or at the time of, the application for or issuance of a policy, or during a two-year period commencing with the date of issuance of the policy, shall enter into a…

40-5011. Same; requirements on advertising. The purpose of this section is to provide prospective viators with clear and unambiguous statements in the advertisement of viatical settlements and to assure the clear, truthful and adequate disclosure of the benefits, risks, limitatio…

40-5012. History: L. 2002, ch. 158, § 12; Repealed, L. 2008, ch. 96, § 9; July 1.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 U…

40-5012a. Same; violations; required notice provisions; notification of commissioner; availability of records to commissioner; sharing of records; conditions. (a) No person shall: (1) Commit a fraudulent viatical settlement act. (2) Knowingly or intentionally interfere with the e…

40-5013. Same; penalties. (a) If the commissioner determines after notice and opportunity for a hearing that any person has engaged or is engaging in any act or practice constituting a violation of any provision of this act, the Kansas insurance statutes or any rule and regulatio…

40-5014. Same; violation of act also unfair or deceptive trade practice. Any violation of this act shall also be considered an unfair or deceptive act or practice under K.S.A. 40-2404, and amendments thereto, and subject to the penalties contained in K.S.A. 40-2401 et seq., and a…

40-5015. Same; rules and regulations. The commissioner shall have the authority to: (a) Promulgate rules and regulations necessary to implement the provisions of this act; (b) establish standards for evaluating reasonableness of payments under viatical settlement contracts for pe…

40-5016. Same; continuation of preexisting viatical settlement business. A viatical settlement provider or viatical settlement broker transacting business in this state may continue to do so pending approval or disapproval of the viatical settlement provider or viatical settlemen…

40-5101. Citation of act. K.S.A. 40-5101 through 40-5114, and amendments thereto, shall be known as the Kansas insurance score act. History: L. 2003, ch. 88, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Me…

40-5102. Applicability of act. (a) This act shall apply only to personal insurance and not to commercial insurance. A personal insurance policy must be individually underwritten for personal, family or household use. No other type of insurance shall be included as personal insura…

40-5103. Definitions. As used in this act: (a) "Adverse action" means any of the following in connection with the underwriting of personal insurance: (1) A denial or cancellation of coverage; or (2) a reduction or other adverse or unfavorable change in the terms of coverage of an…

40-5104. Prohibited acts. No insurer authorized to do business in the state of Kansas which uses credit information to underwrite or rate risks, shall: (a) Use an insurance score that is calculated using income, address, zip code, race, religion, color, sex, disability, national …

40-5105. Re-underwriting or re-rating consumer, when; overpayment of premium. (a) If it is determined through the dispute resolution process set forth in the federal fair credit reporting act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect…

40-5106. Disclosure requirements. If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose that it may obtain credit information in connection with such application. The insurer shall further no…

40-5107. Adverse action; notice to consumer, contents. (a) If an insurer takes an adverse action based upon credit information, the insurer shall provide written notification to the consumer a notice that: (1) An adverse action has been taken, in accordance with the requirements …

40-5108. Insurance score models, filing required; trade secret. (a) Each insurer that uses insurance scores to underwrite and rate risks shall file the procedure required by paragraph (b) of K.S.A. 40-5107, and amendments thereto, and such insurer's insurance scoring models or ot…

40-5109. Studies; report to legislature. (a) The commissioner of insurance shall gather data, hold public hearings, make inquiries and publish studies relating to the purpose of this act. (b) The commissioner shall report to the president and minority leader of the senate and the…

40-5110. Indemnification, when required. (a) An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent who obtains or uses credit information or insuranc…

40-5111. Prohibition against use of certain information; exceptions. (a) No consumer reporting agency shall provide or sell data or lists that include any information, in whole or in part, which was submitted in conjunction with an insurance inquiry about a consumer's credit info…

40-5112. Powers of commissioner. Whenever an insurer is found to be in violation of any provision of this act, the commissioner shall proceed under K.S.A. 40-2,125, and amendments thereto. History: L. 2003, ch. 88, § 13; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL Ge…

40-5113. Rules and regulations. The commissioner of insurance is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act. History: L. 2003, ch. 88, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Pol…

40-5114. Severability. (a) If any provision of this act is declared invalid due to an interpretation of or a future change in the federal fair credit reporting act, the remaining portions of the act shall be deemed to be severable and shall remain in full force and effect. (b) If…

40-5115. Credit information; use by insurers; extraordinary life circumstances; limitations. (a) (1) Notwithstanding any other law, rule or regulation, an insurer that uses credit information shall, upon written request from an applicant for insurance coverage or an insured, prov…

40-5201. Assumption reinsurance agreement act; applicability; waiver of requirements, when allowed; exceptions. (a) (1) This act applies to any insurer authorized in this state which either assumes or transfers the obligations or risks, or both, on contracts of insurance pursuant…

40-5202. Same; definitions. For the purposes of this act: (a) "Assuming insurer" means the insurer that acquires an insurance obligation or risk, or both, from the transferring insurer pursuant to an assumption reinsurance agreement. (b) "Assumption reinsurance agreement" means a…

40-5203. Same; notice to policyholders; contents. (a) The transferring insurer shall provide or cause to be provided to each policyholder a notice of transfer by first-class mail, addressed to the policyholder's last known address or to the address to which premium notices or oth…

40-5204. Same; prior approval by commissioner required; duties of licensed foreign insurer. (a) Prior approval by the commissioner is required for any transaction where an insurer domiciled in this state assumes or transfers obligations or risks, or both, on contracts of insuranc…

40-5205. Same; rights of policyholders. (a) Policyholders shall have the right to reject the transfer and novation of their contracts of insurance. Policyholders electing to reject the assumption transaction shall return to the transferring insurer the pre-addressed, postage-paid…

40-5206. Same; novation of insurance contract, when. If a policyholder consents to the transfer pursuant to K.S.A. 40-5205, and amendments thereto, or if the transfer is effected under K.S.A. 40-5207, and amendments thereto, there shall be a novation of the contract of insurance …

40-5207. Same; effect of similar law in another state. If an insurer domiciled in this state or in a jurisdiction having a substantially similar law is deemed by the domiciliary commissioner to be in hazardous financial condition or an administrative proceeding has been institute…

40-5208. Same; continuation of certain protections. Residents of this state whose policies were previously subject to the protections set forth in K.S.A. 40-2901 et seq., and amendments thereto, or K.S.A. 40-3001 et seq., and amendments thereto, and whose policies are transferred…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents …

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…