40-218. Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner. Every insurance company, or fraternal benefit society, on applying for authority to transact business in this state, and as a condition precedent to obtaining such authority, shall file in the insurance department its written consent, irrevocable, that any action or garnishment proceeding may be commenced against such company or fraternal benefit society in the proper court of any county in this state in which the cause of action shall arise or in which the plaintiff may reside by the service of process on the commissioner of insurance of this state, and stipulating and agreeing that such service shall be taken and held in all courts to be as valid and binding as if due service had been made upon the president or chief officer of such corporation. Such consent shall be executed by the president and secretary of the company and shall be accompanied by a duly certified copy of the order or resolution of the board of directors, trustees or managers authorizing the president and secretary to execute the same. The summons or order of garnishment, accompanied by a fee of $25, shall be directed to the commissioner of insurance, and shall require the defendant or garnishee to answer or otherwise respond by a certain day, not less than 40 days from the date the summons or order of garnishment is served on the commissioner.
Service on the commissioner of insurance of any process, notice or demand against an insurance company or fraternal benefit society shall be made by delivering to and leaving with the commissioner or the commissioner's designee, the original of the process and two copies of the process and the petition, notice of demand, or the clerk of the court may send the original process and two copies of both the process and petition, notice or demand directly to the commissioner by certified mail, return receipt requested. In the event that any process, notice or demand is served on the commissioner, the commissioner shall immediately cause a copy thereof to be forwarded by certified mail, return receipt requested to the insurance company or fraternal benefit society address to its general agent if such agent resides in this state or to the secretary of the insurance company or fraternal benefit society sued at its registered or principal office in any state in which it is domesticated. The commissioner of insurance shall make return of the summons to the court from whence it issued, showing the date of its receipt, the date of forwarding such copies, and the name and address of each person to whom a copy was forwarded. Such return shall be under the hand and seal of office, and shall have the same force and effect as a due and sufficient return made on process directed to a sheriff. The commissioner of insurance shall keep a suitable record in which shall be docketed every action commenced against an insurance company, the time when commenced, the date and manner of service; also the date of the judgment, its amount and costs, and the date of payment thereof, which shall be certified from time to time by the clerk of the court.
History: L. 1927, ch. 231, 40-218; L. 1963, ch. 258, § 1; L. 1992, ch. 154, § 2; L. 1999, ch. 133, § 1; L. 2007, ch. 122, § 1; L. 2008, ch. 143, § 2; July 1.
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.