Chapter 40 — INSURANCE

40-926. History: L. 1947, ch. 278, § 2; L. 1961, ch. 235, § 1; Repealed, L. 1997, ch. 154, § 18; July 1. Source or prior law: 40-105a, 40-921, 40-923. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF ST…

40-927. History: L. 1947, ch. 278, § 3; L. 1965, ch. 303, § 1; L. 1987, ch. 165, § 1; L. 1988, ch. 155, § 1; Repealed, L. 1997, ch. 154, § 18; July 1. Source or prior law: 40-913. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archiv…

40-928. History: L. 1947, ch. 278, § 4; L. 1978, ch. 177, § 1; L. 1979, ch. 141, § 1; L. 1988, ch. 155, § 2; Repealed, L. 1997, ch. 154, § 18; July 1. Source or prior law: 40-911, 40-912, 40-913, 40-914, 40-916. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 20…

40-928a. History: L. 1990, ch. 154, § 1; Repealed, L. 1997, ch. 154, § 18; July 1.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 …

40-929. History: L. 1947, ch. 278, § 5; L. 1965, ch. 303, § 2; L. 1988, ch. 155, § 3; L. 1990, ch. 165, § 1; Repealed, L. 1997, ch. 154, § 18; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF ST…

40-929a. History: L. 1947, ch. 278, § 5; L. 1965, ch. 303, § 2; L. 1988, ch. 356, § 81; Repealed, L. 1990, ch. 165, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessio…

40-930. History: L. 1947, ch. 278, § 6; L. 1988, ch. 356, § 82; Repealed, L. 1997, ch. 154, § 18; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…

40-931. History: L. 1947, ch. 278, § 7; L. 1965, ch. 303, § 3; Repealed, L. 1997, ch. 154, § 18; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sch…

40-937. History: L. 1947, ch. 278, § 13; L. 1987, ch. 166, § 1; Repealed, L. 1997, ch. 154, § 18; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Sc…

40-938. Same; false or misleading information; penalties. No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, o…

40-939. History: L. 1947, ch. 278, § 15; L. 1965, ch. 303, § 4; L. 1988, ch. 356, § 88; Repealed, L. 1997, ch. 24, § 7; Repealed, L. 1997, ch. 154, § 18; July 1. Source or prior law: 40-918. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Docum…

40-940. History: L. 1947, ch. 278, § 16; L. 1953, ch. 229, § 1; L. 1965, ch. 303, § 5; L. 1986, ch. 318, § 29; L. 1988, ch. 356, § 89; Repealed, L. 1997, ch. 154, § 18; July 1. Source or prior law: 40-919. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Arc…

40-951. Fire and casualty insurance rates; purpose of act. The purpose of this act is to: (a) Protect policyholders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates; (b) encourage, as the most effective way to produce rates that…

40-952. Same; application of act. (a) This act applies to fire and casualty insurance, including fidelity, surety and guarantee bonds, on risks or operations in this state except reinsurance, accident and health insurance, insurance against loss of or damage to, or against liabil…

40-953. Same; excessive, inadequate or unfairly discriminatory rates or rates resulting in destruction of competition, standards. Rates shall not be excessive, inadequate or unfairly discriminatory, nor shall an insurer charge any rate which if continued will have or tend to have…

40-954. Same; determining factors; expense provisions; classification of risks; modification for individual risks; contingencies and allowances for profit; exemptions; mandatory rating plan use. In determining whether rates are not excessive or inadequate or not unfairly discrimi…

40-955. Rate filings; review and approval of certain lines; effective dates; exemptions from filing; certain workers compensation policies; rules and regulations. (a) Every insurer shall file with the commissioner, except as to inland marine risks where general custom of the indu…

40-955a. History: L. 1997, ch. 154, § 5; L. 1999, ch. 63, § 2; L. 2006, ch. 130, § 2; Repealed, L. 2007, ch. 150, § 9; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session …

40-955b. Same; rate filings; premium variance, when allowed. (a) Insurers may increase or decrease premiums on a given risk basis without documentation up to 40% based on any factor, except the rate adjustment made pursuant to this section cannot: (1) Be based upon the race, cree…

40-956. Rating organizations; licensure, authorization of commissioner to set and publish fees; suspension or revocation by the commissioner; subscriber discrimination and certain rules prohibited; examinations, costs; authorized cooperation and transactions. (a) (1) Any corporat…

40-957. Same; advisory organizations; required filings; insurers and rating organizations prohibited from relying on statistics, when. (a) Every group, association or other organizations of insurers, whether located within or outside this state, assisting insurers which make thei…

40-958. Same; deviations from rating organization filings. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization, except any such insurer may make independent filings or may deviate from the manual of classifica…

40-959. Same; appeal of rating organization decision; hearing; order. Any member of or subscriber to a rating organization may appeal to the commissioner from the decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of s…

40-960. Same; information to be furnished insureds; grievance procedures; appeals to commissioner. Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor, shall furnish to any insured affected by a …

40-961. Same; statistical plans for reporting loss and expense data; rules and regulations. (a) The commissioner shall develop statistical plans which shall be used by each insurer in the recording and reporting of its loss and expense experience, in order that the experience of …

40-962. Same; withholding or giving false or misleading information prohibited. No person or organization shall willfully withhold information from, or knowingly give false or misleading information to the commissioner, any statistical agency designated by the commissioner, any r…

40-963. Same; violations; penalties. The commissioner, if the commissioner finds any person or organization has violated any provision of this act, may impose a penalty of not more than $500 for each violation, but, if the commissioner finds such violation to be willful, may impo…

40-964. Same; hearings under administrative procedure act. Any hearing required or requested under this act shall be conducted in accordance with the Kansas administrative procedure act. History: L. 1997, ch. 154, § 14; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL Gen…

40-965. Same; review of commissioner's actions; rates pending final determination of court. The filing of a petition for review of any action of the commissioner under this act, shall act as a stay of any such action, if it provides for a change in any rating system resulting in …

40-966. Premiums; account charged in accordance with act; rebates and other inducements prohibited. (a) No broker or producer shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the provisions of this act. No insurer or employ…

40-967. Same; severability. If any section, subsection, subdivision, paragraph, sentence or clause of this act is held invalid or unconstitutional, such decision shall not affect the remaining portions of this act. History: L. 1997, ch. 154, § 17; July 1. Previous | Next LEGISLAT…

40-970. Property/casualty flex-rating regulatory improvement act; rate increase or decrease, limitation on. Notwithstanding the requirements of K.S.A. 40-952 and 40-955, and amendments thereto, a filing made by an insurer for personal insurance under this section that provides fo…

40-971. Same; rates in excess of limitation of preceding section. Any rate filing which falls outside the limitations specified in K.S.A. 40-970, and amendments thereto, shall be subject to K.S.A. 40-952 and 40-955, and amendments thereto, unless such filing is otherwise exempt p…

40-972. Same; procedure; duties of commissioner. (a) Any filing submitted pursuant to K.S.A. 40-970, and amendments thereto, shall be deemed to comply with state law unless the commissioner determines that the filing is inadequate or unfairly discriminatory. If the commissioner d…

40-973. Same; effect on existing policy, limitation on. Within the limitation specified in K.S.A. 40-970, and amendments thereto, no rate increase may be implemented with regard to an individual existing policy, unless such increase is applied at the time of a renewal or conditio…

40-974. Same; definitions. For purposes of K.S.A. 40-970 through 40-975: (a) "Commissioner" means the commissioner of insurance. (b) "Personal insurance" shall have the meaning ascribed to it in K.S.A. 40-5103(l), and amendments thereto. (c) "Unfairly discriminatory" shall have t…

40-975. Same; citation of act. K.S.A. 40-970 through 40-975, and amendments thereto, shall be known and may be cited as the property/casualty flex-rating regulatory improvement act. History: L. 2008, ch. 144, § 7; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General P…

40-1001. Mutual company for insurance against fire, lightning, tornado, hail or explosion; exceptions; extended coverage endorsements; limitations. Any number of persons not less than twenty-five (25), citizens of this state, each of whom shall be a property owner and who shall o…

40-1001a. Authority to insure glass breakage, vandalism and theft in addition to coverage under K.S.A. 40-1001; reserve fund and security deposit; requirements. Any company licensed pursuant to the provisions of K.S.A. 40-1001, and amendments thereto, and operating under the prov…

40-1002. Classification of insurable property. In companies organized under the provisions of this article, the property to be insured shall be classified as follows: (1) Dwelling houses, barns, except livery or hotel barns, accompanying outbuildings and their contents, schoolhou…

40-1003. No policy issued until required application, premium notes and securities received. No company formed hereafter for the purpose of doing an insurance business under the provisions of this article shall have power to issue policies until applications in good faith have be…

40-1004. Directors; election; vacancy. In companies organized under the provisions of this article, the number of directors shall not be more than 25 or less than five. Unless written balloting is required by the bylaws, directors shall be elected by voice vote. Each person who i…

40-1005. Annual meeting of members; proxies. The annual meeting shall be held on or before March 1 in each year, on a day fixed by the bylaws of such company, at the principal office of the company, and every person insured shall be entitled to as many votes as there are director…

40-1006. Officers; election; term. The directors shall elect a president and such other officers with such titles and duties as shall be stated in the bylaws or in a resolution of the board of directors which is not inconsistent with the bylaws. Officers chosen in such manner sha…

40-1007. Deposit notes. In companies organized under the provisions of this article, if deposit notes be given, all such notes taken by them in consideration of premiums on their policies shall be assessable and collectible in part or in whole for the purpose of paying any losses…

40-1008. Liability for losses; assessments; indebtedness. Every person who effects insurance in any company organized under the provisions of this article, and also such person's heirs, executors, administrators and assigns, continuing to be so insured, shall thereby become membe…

40-1009. Recovery of assessments or on notes; cash policies not assessable. If any member shall for the space of thirty days after the publication of said notice assessment, and service of such upon such member by mail, postpaid, directed to him at his post office as written in o…

40-1010. Suits for collection of assessments; liability of officers and directors; suits against company for losses. Suits for the collection of any assessment made upon the deposit note of the insured may be brought in a court of competent jurisdiction in the county in which the…

40-1011. Property to be assessed and taxed. All moneys, notes or other property belonging to such company shall be assessed and taxed as provided in the general revenue laws of this state. History: L. 1927, ch. 231, 40-1011; June 1. Source or prior law: L. 1885, ch. 132, § 13; L.…

40-1012. Bylaws. The directors of any company organized under the provisions of this article may make such bylaws, not in conflict with the constitution or laws of this state, as two-thirds of the whole number of directors shall adopt, and any amendments of such bylaws may be ado…