Kansas Statutes
Article 2 - General Provisions
40-266 Unlawful acts in connection with sale of equity securities.

Kansas Statutes

Chapter 40 - Insurance

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.

40-205 Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and re...

40-205a Application for license to sell stock of insurance company or health maintenance organization, fee.

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.

40-205e Penalty.

40-207 Secretary and certain officers to give bond.

40-208 Examination by commissioner before issuance of certificate.

40-209 Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws.

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.

40-214 Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.

40-215 Duration of licenses and certificates.

40-216 Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requ...

40-217 Contents of policies of foreign company.

40-218 Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner.

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.

40-222 Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing.

40-222a Examination of corporations organizing domestic insurance companies.

40-222b Insurance company in hazardous financial condition; order of commissioner, notice and hearing; requirements which may be imposed; transfer of special deposit to guaranty fund, when.

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.

40-223e Training insurance company examiners; establishment of revolving fund for financing training.

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.

40-225 Company participation in insurance regulatory information system; annual statements of condition to be filed with commissioner; authority of commission to require annual audit and financial report; forms; inquiries of commissioner.

40-229 Valuation of securities.

40-229a Security deposits; deposit with financial institution; custodian and arrangements acceptable to commissioner; release and exchange of assets; income; forms prescribed and provided by commissioner; facsimile, electronic or digital signatures n...

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.

40-234 Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves.

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.

40-235 Misrepresentations regarding policy terms; title insurance policies, search and examination requirements.

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.

40-241 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.

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.

40-246b Excess coverage license to effect insurance or reinsurance in nonadmitted companies; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required inform...

40-246c Same; accounting of gross premiums and tax thereon; penalty.

40-246d Same; revocation or suspension of license, when.

40-246e List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list.

40-246g Surplus lines producer; exempt commercial purchaser.

40-246h Commissioner; rules and regulations.

40-246i Definitions.

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.

40-252 Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment.

40-252a Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure.

40-252b Fees, charges and taxes under 40-252; in lieu of all other license fees and taxes; exceptions.

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.

40-252f Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions.

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.

40-264 Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes.

40-265 Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption.

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.

40-275 Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions.

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.

40-278 Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan.

40-281 Hearings by commissioner on any matter relating to insurance; procedure; subpoena.

40-282 Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions.

40-283 Same; interest not subject to certain provisions.

40-283a Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term.

40-284 Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer.

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.

40-293a Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund.

40-295 Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal.

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.

40-299 Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license.

40-2,100 Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist.

40-2,101 No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act.

40-2,102 Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child.

40-2,103 Application of designated statutes.

40-2,104 Insurance coverage to include reimbursement for services performed by licensed psychologist.

40-2,105 Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions.

40-2,105a Kansas mental health parity act; insurance coverage for services rendered in the treatment of mental illnesses, alcoholism, drug abuse or substance use disorders; limitations.

40-2,105b Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness.

40-2,105c Same; exemption.

40-2,105d Citation of act.

40-2,106 Definitions.

40-2,107 Minimum notice requirements for cancellation of insurance agency contract by insurance company.

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.

40-2,111 Definitions.

40-2,112 Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision.

40-2,113 Nonliability for information relating to adverse underwriting decision.

40-2,114 Insurance coverage to include reimbursement for services performed by licensed specialist social worker.

40-2,115 Liability insurance coverage for punitive damages assessed against certain persons.

40-2,116 Definitions.

40-2,117 Provision of health services by professional provider; allowable charges.

40-2,118 Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan.

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.

40-2,124 Certain property and casualty rate filings not affected by certain rate regulation statutes.

40-2,125 Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions.

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.

40-2,130 Same; definitions.

40-2,131 Same; licensure requirements; bond.

40-2,132 Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship.

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.

40-2,135 Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted.

40-2,136 Same; rules and regulations.

40-2,137 Assessment of costs of certain administrative hearings, guidelines, procedure.

40-2,138 Investments by insurance companies governed by state law notwithstanding federal preemption.

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.

40-2,156 Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential.

40-2,156a Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements.

40-2,157 Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed.

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.

40-2,162 Change of domicile of insurer or mutual holding company, requirements; continuation of certificate of authority, agent appointments, licenses, rates and other items; rules and regulations.

40-2,163 Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions.

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.

40-2,186 Same; definitions.

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.

40-2,196 Coverage for amino acid-based elemental formula; report required; recommendation to legislature.

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.

40-2,204 Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event.

40-2,210 Kansas telemedicine act; citation.

40-2,211 Same; definitions.

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.

40-2,216 Same; nonseverability clause.