40-2,132. Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship. No person, firm, association or corporation acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party, specifies the division of responsibilities where both parties have responsibility for a particular function, and contains the following minimum provisions:
(a) The insurer may terminate the contract for cause upon written notice to the MGA. The insurer may suspend the underwriting authority of the MGA during the pendency of any dispute regarding the cause for termination.
(b) The MGA will render accounts to the insurer detailing all transactions and remit all funds due under the contract to the insurer on not less than a monthly basis.
(c) All funds collected for the account of an insurer will be held by the MGA in a fiduciary capacity in a bank which is a member of the federal reserve system. This account shall be used for all payments on behalf of the insurer. The MGA may retain no more than three months estimated claim payments and allocated loss adjustment expenses.
(d) Separate records of business written by the MGA will be maintained. The insurer shall have access and right to copy all accounts and records related to its business in a form usable by the insurer, and the commissioner shall have access to all books, bank accounts and records of the MGA in a form usable to the commissioner. Such records shall be retained until the insurer and business to which they pertain has been the subject of an examination pursuant to the provisions of K.S.A. 40-222 and amendments thereto.
(e) The contract may not be assigned in whole or part by the MGA.
(f) Appropriate underwriting guidelines including:
(1) The maximum annual premium volume;
(2) the basis of the rates to be charged;
(3) the types of risks which may be written;
(4) maximum limits of liability;
(5) applicable exclusions;
(6) territorial limitations;
(7) policy cancellation provisions; and
(8) the maximum policy period.
The insurer shall have the right to cancel or non-renew any policy of insurance subject to the applicable laws and regulations relating to the cancellation and non-renewal of insurance policies.
(g) If the contract permits the MGA to settle claims on behalf of the insurer:
(1) All claims must be reported to the company in a timely manner.
(2) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim:
(A) Has the potential to exceed an amount determined by the commissioner or exceeds the limit set by the company, whichever is less;
(B) involves a coverage dispute;
(C) may exceed the MGA's claims settlement authority;
(D) is open for more than six months; or
(E) is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less.
(3) All claim files will be the joint property of the insurer and MGA. However, upon an order of liquidation of the insurer such files shall become the sole property of the insurer or its estate, but the MGA shall have reasonable access to and the right to copy the files on a timely basis.
(4) Any settlement authority granted to the MGA may be terminated for cause upon the insurer's written notice to the MGA or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination.
(h) Where electronic claims files are in existence, the contract shall address the timely transmission of the data.
(i) If the contract provides for a sharing of interim profits by the MGA and the MGA has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments or by any other manner, interim profits will not be paid to the MGA until one year after they are earned for property insurance business and five years after they are earned on casualty business and not until the profits have been verified pursuant to K.S.A. 40-2,133.
(j) The MGA shall not:
(1) Bind reinsurance or retrocessions on behalf of the insurer, except that the MGA may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules;
(2) commit the insurer to participate in insurance or reinsurance syndicates;
(3) appoint any agent or broker without assuring that the agent or broker is lawfully licensed to transact the type of insurance for which such agent or broker is appointed;
(4) without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed 1% of the insurer's policyholder's surplus as of December 31 of the last completed calendar year;
(5) collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without prior approval of the insurer. If prior approval is given, a report shall be promptly forwarded to the insurer;
(6) permit its subagent or broker to serve on its board of directors;
(7) jointly employ an individual who is employed with the insurer; or
(8) appoint a sub-MGA.
History: L. 1990, ch. 158, ยง 4; Jan. 1, 1991.
Structure Kansas Statutes
Article 2 - General Provisions
40-201 Insurance company defined.
40-201a Service contract; definitions; exemption from regulation.
40-202 Code inapplicable to certain lodges, societies, persons and associations.
40-203 Name of company or society; submission of name to commissioner.
40-204 Unlawful to offer stock for sale without permit from commissioner; void shares, when.
40-205b Denial of application to sell stock as agent; hearing.
40-205c Revocation of agent's license; hearing.
40-205d Appeal of commission's decision.
40-207 Secretary and certain officers to give bond.
40-208 Examination by commissioner before issuance of certificate.
40-209b Same; act supplemental.
40-210 Foreign companies outside United States; permission to transact business; assets; condition.
40-211 Amount of deposit of foreign company outside United States.
40-212 Credit for reinsured risks.
40-213 Unlawful transfer of premium notes.
40-215 Duration of licenses and certificates.
40-217 Contents of policies of foreign company.
40-219 Failure of company to pay judgment.
40-220 Action against insurance company to be brought in this state; injunction.
40-221a Reinsurance of risks of and by Kansas companies; procedure; requirements.
40-221b Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions.
40-222a Examination of corporations organizing domestic insurance companies.
40-222c Same; insurance company defined.
40-222d Same; company deemed to be in hazardous financial condition, when.
40-222e Same; suspension, revocation or refusal to renew certificate.
40-222f Examination of condition of company; definitions.
40-223 Fees for examinations; compensation and expenses for examiners.
40-223a Insurance company annual statement examination fund established; purpose.
40-223b Same; compensation and expenses of examiners.
40-223c Same; duties of commissioner; warrants of director of accounts and reports.
40-223d Same; insufficiency of fund; transfer from general fund, limitation; files.
40-223f Same; compensation and expenses of persons receiving training.
40-223g Same; payments from revolving fund.
40-223h Property and casualty actuarial opinion letter law; citation of act.
40-223i Same; actuarial opinion, contents; procedure.
40-223j Same; authority of commissioner; rules and regulations.
40-224 When disbursements to be made only on voucher or affidavit.
40-229 Valuation of securities.
40-230a Deposit of securities purchased from sale of stock during organization period.
40-231 Dealing in goods, wares and merchandise prohibited; exceptions.
40-232 Sale of stock with insurance.
40-233 Dividends, interest or bonus; payment from earned surplus.
40-234a Reserves required for accident and health policies; unearned premium reserves.
40-234b Unearned premium reserves required for domestic title insurance companies.
40-234c Unearned premium reserves required of foreign title insurance company.
40-236 Statements made with intent to injure company.
40-237 Contracts and promissory notes by minors.
40-238 Resident general agents of foreign companies.
40-239 Definition; insurance agent.
40-240g Rules and regulations.
40-241h Waiver of examination in certain cases.
40-241j Annual report of agents contracted with and payment of certification fees; audit.
40-241k Rules and regulations; establishing fees for agents.
40-244 Representations without complying with code.
40-246a Penalties for violating 40-246; hearings.
40-246c Same; accounting of gross premiums and tax thereon; penalty.
40-246d Same; revocation or suspension of license, when.
40-246g Surplus lines producer; exempt commercial purchaser.
40-246h Commissioner; rules and regulations.
40-247 Insurance agent or broker failing to pay premium to company; penalty.
40-248 Discontinuance of business.
40-249 Policies to be issued within two years.
40-250 Companies subject to act.
40-251 Insurance commissioner; legal representation; judicial review of actions.
40-252c Same; credits; definitions.
40-252d Credit against premium tax for salaries paid to Kansas employees.
40-252e Small insurance company credit against premium tax.
40-252g Same; expiration of act.
40-253 Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when.
40-253a Same; effect of certain tax credits.
40-256 Attorney fees in actions on insurance policies; exception.
40-257 Invalidity of code of 1927.
40-258 Actions to recover death benefits based on certain policies; distribution.
40-259 Continuity of management of domestic companies in national emergency; declaration of purpose.
40-260 Same; adoption of emergency bylaws; effect.
40-261 Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs.
40-262 Same; succession national emergency lists; basis; conditions.
40-263 Same; home or principal office; alternate locations.
40-266 Unlawful acts in connection with sale of equity securities.
40-267 Provisions of 40-265, 40-266 inapplicable to certain sales; rules and regulations.
40-268 Provisions of 40-264 to 40-266 inapplicable to arbitrage transactions; exception.
40-269 Equity security defined.
40-270 Provisions of 40-264 to 40-266 inapplicable to equity securities of domestic companies, when.
40-271 Rules and regulations by commissioner.
40-272 Same; proxies, consents or authorization concerning securities of domestic companies.
40-273 Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions.
40-274 Same; solicitation; countersignature requirements.
40-276 Cancellation of automobile liability insurance; definitions.
40-276a Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions.
40-277 Same; limitations on policy conditions for cancellation.
40-281 Hearings by commissioner on any matter relating to insurance; procedure; subpoena.
40-283 Same; interest not subject to certain provisions.
40-285 Same; uninsured motor vehicle includes vehicle whose insurer is insolvent.
40-286 Same; extent of insurer's insolvency protection.
40-287 Same; subrogation rights.
40-288 Same; provisions of article 22 of chapter 40 not required.
40-296 Same; offer of insurance by one of group of affiliated insurors, effect.
40-297 Same; group of affiliated insurors defined.
40-298 Sale of insurance in connection with sale and financing of automobile; definitions.
40-2,103 Application of designated statutes.
40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.
40-2,108 Same; rules and regulations by commissioner.
40-2,109 Mental or physical handicaps; rate discrimination prohibited; enforcement.
40-2,110 Reporting fire losses; rules and regulations; report forms.
40-2,113 Nonliability for information relating to adverse underwriting decision.
40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.
40-2,117 Provision of health services by professional provider; allowable charges.
40-2,119 Same; immunity from civil liability for certain persons.
40-2,120 Business or professional property or casualty insurance; cancellation, when.
40-2,121 Same; nonrenewal; notice required.
40-2,122 Cancellation or nonrenewal of policy; written explanation required.
40-2,123 Insurers authorized to discontinue certain business in state, when; enforcement.
40-2,126 Interest due on insurance settlements, when.
40-2,127 Same; application to multiple payments.
40-2,128 Same; rules and regulations.
40-2,129 Managing general agents; title of act.
40-2,131 Same; licensure requirements; bond.
40-2,133 Same; utilization by insurer; acts required to be performed by and prohibitions on insurer.
40-2,134 Same; acts deemed to be acts of insurer; examination.
40-2,136 Same; rules and regulations.
40-2,137 Assessment of costs of certain administrative hearings, guidelines, procedure.
40-2,153 Insurance coverage to allow choice of pharmacy providers.
40-2,154 Medicaid eligibility and coverage; prohibitions.
40-2,155 Motor vehicle glass replacement; prohibitions; rights of the insured.
40-2,159 Reports on a nonconsolidated basis; exception.
40-2,160 Coverage for minimum inpatient care following birth of child.
40-2,161 Coverage for children in the custody of the commissioner of juvenile justice.
40-2,164 Coverage of prostate cancer screening.
40-2,165 Coverage of general anesthesia in conjunction with dental care for certain individuals.
40-2,166 Coverage of reconstructive breast surgery.
40-2,166a Coverage for osteoporosis.
40-2,167 Off-label use of prescription drugs; definitions.
40-2,168 Same; coverage for cancer treatment; exclusion from coverage prohibited.
40-2,169 Same; commissioner of insurance, powers.
40-2,170 Same; coverage not affected, when.
40-2,184 Coverage for orally administered anticancer medication.
40-2,185 Dental health insurance; fee setting provision, limitation on.
40-2,190 Abortion coverage; separate coverage; when required.
40-2,191 Same; severability clause.
40-2,192 Mandate lite health benefit plan act.
40-2,193 Specially designed policies; short-term policies.
40-2,194 Coverage for autism spectrum disorder.
40-2,195 Exclusive provider organization policy; requirements; exceptions; definitions.
40-2,201 Property and casualty insurance; group affiliated insurers; renewal of policy.
40-2,202 Same; limited lines; self-service storage units.
40-2,203 CGAD report required; contents; filing; rules and regulations.
40-2,210 Kansas telemedicine act; citation.
40-2,212 Same; confidentiality.
40-2,213 Same; application of; coverage parity established.
40-2,214 Same; prescribing of drugs via telemedicine.
40-2,215 Same; abortions delivered via telemedicine not authorized.