Chapter 40 — INSURANCE

40-231. Dealing in goods, wares and merchandise prohibited; exceptions. (a) Except as otherwise provided in subsection (b), no insurance company shall directly or indirectly deal or trade in goods, wares, merchandise or other commodities. (b) This section shall not prohibit an in…

40-232. Sale of stock with insurance. It shall be unlawful for any insurance company, or any officer or agent thereof, or any other person or persons connected with such company, to sell the stock of any company or corporation in connection with the writing or selling of a policy…

40-233. Dividends, interest or bonus; payment from earned surplus. It is unlawful for the directors, trustees, managers or officers of an insurance company organized under the laws of this state, directly or indirectly, to make or pay dividends on its capital stock, or pay any in…

40-234. Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves. Unless otherwise specifically provided in this code, the unearned premiums or reserves of any insurance company shall consist of a sum equal …

40-234a. Reserves required for accident and health policies; unearned premium reserves. For all individual accident and health and group accident and health insurance policies, the insurer shall maintain reserves which shall place a sound value on its liabilities under such polic…

40-234b. Unearned premium reserves required for domestic title insurance companies. The unearned premium reserve required to be maintained by any domestic title insurance company engaged exclusively in the business of insuring titles to real estate shall consist of: (1) The amoun…

40-234c. Unearned premium reserves required of foreign title insurance company. The unearned premium reserve of a title insurance company not organized under the laws of the state of Kansas transacting business in this state shall be computed as prescribed or permitted by the law…

40-235. Misrepresentations regarding policy terms; title insurance policies, search and examination requirements. (a) No insurance company or fraternal benefit society doing business in this state, and no officer, director, solicitor or other agent thereof, shall make, issue or c…

40-236. Statements made with intent to injure company. It shall be unlawful for any person to make, utter, circulate or transmit to another or others any derogatory statement, untrue in fact, as to any insurance company lawfully engaged in business in this state, or in the proces…

40-237. Contracts and promissory notes by minors. Minors may consummate contracts respecting insurance the same as adults, and any policy, certificate or other evidence of such contract shall be binding upon the minor to the same extent, as though of legal age, and any minor ente…

40-238. Resident general agents of foreign companies. Any insurance company not organized under the laws of this state may appoint one or more general agents or managers in this state, with authority to appoint other agents of said company in this state. A certified copy of such …

40-239. Definition; insurance agent. An insurance agent is hereby defined to be an individual, corporation, association, partnership or other legal entity authorized in writing, by any insurance company or health maintenance organization lawfully qualified to transact the busines…

40-240. History: L. 1927, ch. 231, 40-240; L. 1963, ch. 261, § 1; L. 1967, ch. 252, § 1; L. 1971, ch. 161, § 1; L. 1978, ch. 164, § 2; L. 1982, ch. 191, § 1; L. 1988, ch. 151, § 2; L. 1989, ch. 131, § 1; L. 1990, ch. 160, § 1; L. 1993, ch. 5, § 1; L. 1996, ch. 169, § 5; L. 1999, …

40-240a. History: L. 1976, ch. 21, § 1; L. 1982, ch. 191, § 2; Repealed, L. 1988, ch. 151, § 8; May 1, 1989. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived…

40-240b. History: L. 1976, ch. 212, § 2; L. 1979, ch. 137, § 1; L. 1981, ch. 188, § 1; L. 1982, ch. 192, § 1; L. 1986, ch. 170, § 1; Repealed, L. 1988, ch. 151, § 8; May 1, 1989. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archive…

40-240e. History: L. 1976, ch. 212, § 5; L. 1978, ch. 165, § 1; Repealed, L. 1988, ch. 151, § 8; May 1, 1989. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archive…

40-240f. History: L. 1988, ch. 151, § 5; L. 1988, ch. 148, § 1; L. 1990, ch. 161, § 1; L. 1992, ch. 19, § 1; L. 1994, ch. 152, § 1; L. 1995, ch. 43, § 1; L. 1996, ch. 45, § 1; L. 1997, ch. 170, § 1; L. 1999, ch. 91, § 2; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: La…

40-240g. Rules and regulations. The commissioner is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act. History: L. 1988, ch. 151, § 6; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Ar…

40-241. Examination of individual applicants for agents' licenses; fee; classes of insurance; issuance of license, when; record of licenses issued and companies' agents certified to represent; auto rental agency insurance license. Any applicant or prospective applicant for an age…

40-241a. History: L. 1963, ch. 261, § 3; L. 1970, ch. 176, § 1; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF S…

40-241b. History: L. 1963, ch. 261, § 4; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

40-241c. History: L. 1963, ch. 261, § 5; L. 1982, ch. 195, § 1; L. 1986, ch. 172, § 1; L. 1991, ch. 127, § 1; L. 1999, ch. 91, § 4; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Pol…

40-241d. History: L. 1963, ch. 261, § 6; L. 1974, ch. 184, § 1; L. 1982, ch. 191, § 3; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LC…

40-241e. History: L. 1965, ch. 310, § 1; L. 1978, ch. 164, § 6; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF S…

40-241f. History: L. 1965, ch. 310, § 2; L. 1973, ch. 191, § 1; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF S…

40-241g. History: L. 1965, ch. 310, § 3; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Attorney General's Opinions: Cooperative societies; bylaws and regulations; premiums; certain rebates or other inducements prohibited. 92-150. Previous…

40-241h. Waiver of examination in certain cases. No insurance agent shall be required to take an examination for an agent's license for any class or subclassification of business which he was engaged in writing prior to April 25, 1971, on behalf of any insurance company or associ…

40-241i. History: L. 1978, ch. 164, § 4; L. 1983, ch. 154, § 1; L. 1987, ch. 172, § 14; L. 1988, ch. 151, § 4; L. 1991, ch. 128, § 1; L. 1992, ch. 19, § 3; L. 1997, ch. 170, § 2; L. 1999, ch. 91, § 5; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901…

40-241j. Annual report of agents contracted with and payment of certification fees; audit. Each company admitted to this state shall report annually to the commissioner all agents the company has contracted with during the prior calendar year and shall pay the certification fees …

40-241k. Rules and regulations; establishing fees for agents. The commissioner may adopt rules and regulations establishing reasonable fees necessary to accommodate the cost of issuing duplicate agents' licenses, certifications of individual agent qualifications or credentials to…

40-242. History: L. 1927, ch. 231, 40-242; L. 1965, ch. 298, § 1; L. 1967, ch. 253, § 1; L. 1978, ch. 170, § 13; L. 1982, ch. 197, § 1; L. 1983, ch. 155, § 1; L. 1984, ch. 313, § 74; L. 1989, ch. 132, § 2; L. 1993, ch. 21, § 1; L. 1996, ch. 40, § 1; Repealed, L. 2001, ch. 91, § 1…

40-243. History: L. 1927, ch. 231, 40-243; Repealed, L. 1986, ch. 318, § 146; July 1. CASE ANNOTATIONS 1. Commissioner's finding in revoking license is conclusive unless authority abused. Murphy v. Hobbs, 139 Kan. 799, 33 P.2d 135. 2. No authority exists to bring action until aft…

40-244. Representations without complying with code. It shall be unlawful for any person, without conforming to the provisions of this code, to represent himself or herself to be the agent of any insurance company, or, as agent, to negotiate, effect or attempt to effect any contr…

40-245. History: L. 1927, ch. 231, 40-245; Repealed, L. 2001, ch. 91, § 19; July 1. Revisor's Note: Later act, see 40-4901 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sess…

40-246. History: L. 1927, ch. 231, 40-246; L. 1929, ch. 197, § 1; L. 1933, ch. 69, § 1 (Special Session); L. 1937, ch. 250, § 1; L. 1959, ch. 210, § 1; L. 1961, ch. 232, § 1; L. 1967, ch. 254, § 1; L. 1978, ch. 171, § 1; L. 1980, ch. 130, § 1; L. 1984, ch. 163, § 1; L. 1996, ch. …

40-246a. Penalties for violating K.S.A. 40-246; hearings. The commissioner of insurance shall have the power to examine any agent, nonresident agent, company or assured if the commissioner has cause to believe that any provision of this act has been violated. At such hearing all …

40-246b. Excess coverage license to effect insurance or reinsurance with eligible nonadmitted insurers; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required information. (a) Upon rec…

40-246c. Excess coverage license; accounting of gross premiums and tax thereon; penalty. (a) (1) On March 1 of each year, each licensed agent shall collect and pay to the commissioner a tax of 6% on the total gross premiums charged, less any return premiums, for the preceding cal…

40-246d. Same; revocation or suspension of license, when. The commissioner may, in the manner prescribed by law, revoke or suspend the license of any agent issued pursuant to either K.S.A. 40-241, and amendments thereto or K.S.A. 40-4906, and amendments thereto, of the Kansas Sta…

40-246e. List of eligible nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list. (a) The commissioner shall maintain a list of eligible nonadmitted insurers for review by any interested person. Only those insurers who have filed…

40-246f. History: L. 1982, ch. 198, § 4; L. 1984, ch. 164, § 1; L. 1987, ch. 158, § 1; Repealed, L. 2004, ch. 159, § 19; May 27. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

40-246g. Surplus lines producer; exempt commercial purchaser. (a) A surplus lines producer seeking to place non-admitted insurance for an exempt commercial purchaser is not required to file the signed statement under K.S.A. 40-246b, and amendments thereto, if the surplus lines pr…

40-246h. Commissioner; rules and regulations. (a) The commissioner of insurance may adopt such rules and regulations as are reasonable, necessary and incidental to the enforcement and administration of the provisions of K.S.A. 40-246b through 40-246e and 40-246g, and amendments t…

40-246i. Definitions. The following definitions shall apply to K.S.A. 40-246b through 40-246e, and amendments thereto, and K.S.A. 40-246g, and amendments thereto: (a) "Exempt commercial purchaser" means any person purchasing commercial insurance that, at the time of placement, me…

40-247. Insurance agent or broker failure to pay premium to company; criminal penalties. (a) An insurance agent or broker who acts in negotiating or renewing or continuing a contract of insurance including any type of annuity by an insurance company lawfully doing business in thi…

40-248. Discontinuance of business. When any insurance company organized under the laws of this state shall desire to discontinue its business, the commissioner of insurance shall, upon application of such company, give notice of such intention in a paper published and having gen…

40-249. Policies to be issued within two years. If any insurance company organized under the laws of this state shall not commence to issue policies within two years from the granting of its charter, its corporate powers shall thereby expire and the district court of the county i…

40-250. Companies subject to act. All the provisions of this code relating to insurance companies organized under the laws of any other state of the United States, or its officers, agents or employees, shall apply to any company organized under the laws of the United States, its …

40-251. Insurance commissioner; legal representation; judicial review of actions. (a) The attorney general shall represent the commissioner of insurance in any action to enforce a rule and regulation or order of the commissioner. (b) Any action of the commissioner of insurance pu…

40-252. Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment; preservation of returns. Not later than December 1 of each year, the commissioner shall set and cause to be published in the Kansas registe…