Chapter 40 — INSURANCE

40-701. History: L. 1927, ch. 231, § 40-701; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 1; L. 1899, ch. 147, § 1; L. 1917, ch. 208, § 1; L. 1919, ch. 216, § 1; R.S. 1923, 40-701. CASE ANNOTATIONS 1. Member is bound by rules of assoc…

40-702. History: L. 1927, ch. 231, § 40-702; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 7; R.S. 1923, 40-710. CASE ANNOTATIONS 1. Societies organized prior to act of 1898 controlled thereby. Kirkpatrick v. Abrahams, 98 Kan. 685, 690…

40-703. History: L. 1927, ch. 231, § 40-703; L. 1947, ch. 272, § 2; L. 1953, ch. 225, § 2; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 3; R.S. 1923, 40-706. CASE ANNOTATIONS 1. Law where society located governs as to whom may take as…

40-704. History: L. 1927, ch. 231, § 40-704; L. 1931, ch. 205, § 1; L. 1943, ch. 184, § 1; L. 1972, ch. 183, § 1; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 1; L. 1899, ch. 147, § 1; L. 1917, ch. 208, § 1; L. 1919, ch. 216, § 1; R.S…

40-705. History: L. 1927, ch. 231, § 40-705; L. 1976, ch. 214, § 1; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 8; L. 1913, ch. 209, § 1; L. 1913, ch. 211, § 1; R.S. 1923, 40-711, 40-723; L. 1925, ch. 186, §§ 1, 2. CASE ANNOTATIONS 1…

40-706. History: L. 1927, ch. 231, § 40-706; L. 1929, ch. 198, § 1; Repealed, L. 1943, ch. 184, § 3; June 28. Source or prior law: L. 1917, ch. 208, § 2; R.S. 1923, 40-702. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC …

40-706a. History: L. 1943, ch. 184, § 2; L. 1957, ch. 282, § 1; L. 1976, ch. 214, § 2; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: 40-706. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetin…

40-707. History: L. 1927, ch. 231, § 40-707; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1917, ch. 208, § 3; R.S. 1923, 40-703. CASE ANNOTATIONS 1. Acceptance by local officer of delinquent dues not binding on association. Salter v. Security Benefit…

40-708. History: L. 1927, ch. 231, § 40-708; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1917, ch. 208, § 4; R.S. 1923, 40-704. CASE ANNOTATIONS 1. Cited in holding benefit society cannot issue "level premium" policy. A.O.U.W. v. Hobbs, 136 Kan. 708…

40-709. History: L. 1927, ch. 231, § 40-709; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 9; R.S. 1923, 40-712. CASE ANNOTATIONS 1. Bylaws and certificate of society must conform to statutes. Williams v. Insurance Union, 107 Kan. 214,…

40-710. History: L. 1927, ch. 231, § 40-710; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 10; R.S. 1923, 40-713. CASE ANNOTATIONS 1. Change of meeting place of association's legislative body is authorized. Miller v. National Council, …

40-711. History: L. 1927, ch. 231, § 40-711; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 11; L. 1901, ch. 66, § 1; R.S. 1923, 40-714. CASE ANNOTATIONS 1. Funds from beneficiary certificate deposited in bank held exempt. Emmert v. Sch…

40-712. History: L. 1927, ch. 231, § 40-712; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 12; R.S. 1923, 40-715. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVIS…

40-713. History: L. 1927, ch. 231, § 40-713; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 13; R.S. 1923, 40-716. CASE ANNOTATIONS 1. Proceedings in error must be commenced within sixty days. Modern Woodmen v. Heath, 71 Kan. 148, 149, …

40-714. History: L. 1927, ch. 231, § 40-714; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1898, ch. 23, § 15; R.S. 1923, 40-718. CASE ANNOTATIONS 1. Duties of commissioner under K.S.A. 40-703 held ministerial and not administrative. Fidelity Life Ass…

40-715. History: L. 1927, ch. 231, § 40-715; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1913, ch. 210, § 1; R.S. 1923, 40-720. CASE ANNOTATIONS 1. Statute authorizes consolidation or merger of fraternal beneficiary corporations. Albach v. Fraternal…

40-716. History: L. 1927, ch. 231, § 40-716; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1913, ch. 210, § 2; R.S. 1923, 40-721. CASE ANNOTATIONS 1. Merger; insurance of members must be continued; change in rates. Williams v. Insurance Union, 107 Kan…

40-717. History: L. 1927, ch. 231, § 40-717; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1913, ch. 210, § 3; R.S. 1923, 40-722. CASE ANNOTATIONS 1. Section cited in considering merger of beneficiary societies. Roper v. Columbian Circle, 113 Kan. 280…

40-718. History: L. 1927, ch. 231, § 40-718; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Source or prior law: L. 1911, ch. 202, § 1; R.S. 1923, 40-724. CASE ANNOTATIONS 1. Mentioned in dismissing appeal from order denying motion to dismiss. Johnston v. Kansas Employment Se…

40-721. History: L. 1931, ch. 207, § 1; Repealed, L. 1988, ch. 154, § 46; January 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 Do…

40-722. History: L. 1931, ch. 207, § 2; L. 1957, ch. 283, § 1; Repealed, L. 1988, ch. 154, § 46; January 1, 1989. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Arc…

40-725. History: L. 1931, ch. 207, § 5; Repealed, L. 1957, ch. 283, § 2; June 29. 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…

40-738. Definitions. Any incorporated society, order or supreme lodge, without capital stock, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of gove…

40-739. Operation on lodge system; subordinate lodges required to hold regular meetings; lodges for children. (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordan…

40-740. Representative form of government; election and voting criteria. A society has a representative form of government when: (a) It has a supreme governing body constituted in one of the following ways: (1) Assembly. The supreme governing body is an assembly composed of deleg…

40-741. Definitions. As used in this act: (a) "Agent" means an individual as defined in K.S.A. 40-239, and amendments thereto. (b) "Benefit contract" means the agreement for provision of benefits authorized by subsection (a) of K.S.A. 40-742, as that agreement is described in K.S…

40-742. Operation for benefit of members; authorized insurance business and purposes; specification of persons who may be covered; adoption of laws and rules governing society's operation. (a) A society shall operate for the benefit of members and their beneficiaries by: (1) Prov…

40-743. Laws and rules; provisions relating to membership to be specified. (a) A society shall specify in its laws or rules: (1) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adul…

40-744. Location of principal office; supreme governing body, location of meetings, minutes of proceedings; official publication for notices; mailings; grievance or complaint procedures. (a) The principal office of any domestic society shall be located in this state. The meetings…

40-745. Personal liability of supreme governing body officers and members; indemnification and reimbursement for expenses and liabilities of directors, officers, employees and agents of society and other entities; liability insurance. (a) The officers and members of the supreme g…

40-746. Society's laws nonwaivable by subordinate bodies, officers or members. The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the provisions of the laws of the society…

40-747. Beneficiary designations; payment of funeral benefits to persons incurring expense therefor; payment of proceeds when no lawful beneficiary. (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with…

40-748. Benefits not subject to attachment, garnishment or process. No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by a…

40-749. Benefit contracts; certificate to be issued to owners; statements on application representations; effect of amendments to society's laws; contracts on lives of minors; impairment of reserves; copies of documents to be received as evidence; certificates to be filed with co…

40-750. Valuation of paid-up nonforfeiture benefits, cash surrender values and loan or other options. (a) For certificates issued prior to one year after the effective date of this act, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, l…

40-751. Investment of funds. A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do busines…

40-752. Holding of assets; creation of special funds; establishment of separate accounts; issuance of contracts on variable basis. (a) All assets shall be held, invested and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire indiv…

40-753. Insurance laws application to societies. Except as herein provided, societies shall be governed by this act and shall be exempt from all other provisions of the insurance laws of this state unless they be expressly designated therein or unless it is specifically made appl…

40-754. Standards of valuation for certificates; mortality tables; maintenance of reserves in excess of those required. (a) Standards of valuation for certificates issued prior to one year after the effective date of this act shall be those provided by the laws applicable immedia…

40-755. Annual statement to include valuation of certificates in force; certification or verification of actuary. As part of the annual statement herein required, each society shall, on or before the first day of March, file with the commissioner of insurance a valuation of its c…

40-756. Licenses continued in force upon payment of fees; certified copy of license prima facie evidence licensee is society. Societies which are now authorized to transact business in this state, and all societies hereafter licensed, may continue such business as provided in K.S…

40-757. Examinations; notice and opportunity to respond; payment of expenses. (a) The commissioner of insurance or the commissioner's designee may examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same m…

40-758. Foreign and alien societies to procure license to transact business in state; filing and other requirements. No foreign or alien society shall transact business in this state without a license issued by the commissioner of insurance as provided in K.S.A. 40-214, and amend…

40-759. Deficiencies in operation by domestic society; notice to correct; show cause requirement upon failure to correct; injunction or quo warranto action by attorney general; recommencement of business; liquidation; receiver; procedures applicable to society voluntarily discont…

40-760. Deficiencies in operation by foreign or alien society; notice to correct; show cause requirement upon failure to correct; suspension, revocation or refusal of authority to do business; certain contracts authorized to be continued. (a) When the commissioner of insurance up…

40-761. Application or petition for injunction required to be made by attorney general on request of commissioner. No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of this state unless mad…

40-762. Agents, licensing, certification and examination; exemption therefrom for certain agents, representatives and members; society to maintain record of exempted representatives; information thereof and of change of exempt status to be furnished to commissioner; continuing ed…

40-763. Societies and agents subject to law regulating trade practices; construction and application thereof. Every society and agent authorized to do business in this state shall be subject to the provisions of article 24 of chapter 40 of the Kansas Statutes Annotated, but nothi…

40-764. Formation requirements; incorporators; articles of incorporation; documents to be filed with commissioner; bond; preliminary certificate of authority, expiration; solicitation of members upon receipt of preliminary certificate; conditions precedent to incurring liabilitie…

40-765. Amendment of domestic society's laws; procedures; approval by commissioner; amendments or synopsis thereof to be furnished to members; amendments and additions to be furnished to commissioner; printed copies prima facie evidence of legal adoption. (a) A domestic society m…