40-276a. Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions. (a) Any insurance company that denies renewal of an automobile liability insurance policy in this state shall give at least 30 days written notice to the named insured, at his last known address, or cause such notice to be given by a licensed agent of its intention not to renew such policy. No insurance company shall deny the renewal of an automobile liability insurance policy except in one or more of the following circumstances or as permitted in subsection (b):
(1) When such insurance company is required or has been permitted by the commissioner of insurance, in writing, to reduce its premium volume in order to preserve the financial integrity of such insurer;
(2) when such insurance company ceases to transact such business in this state;
(3) when such insurance company is able to show competent medical evidence that the insured has a physical or mental disablement that impairs his ability to drive in a safe and reasonable manner;
(4) when unfavorable underwriting factors, pertinent to the risk, are existent, and of a substantial nature, which could not have reasonably been ascertained by the company at the initial issuance of the policy or the last renewal thereof;
(5) when the policy has been continuously in effect for a period of five years. Such five-year period shall begin at the first policy anniversary date following the effective date of the policy, except that if such policy is renewed or continued in force after the expiration of such period or any subsequent five-year period, the provisions of this subsection shall apply in any such subsequent period; or
(6) when any of the reasons specified as reasons for cancellation in K.S.A. 40-277 are existent, except that (A) when failure to renew is based upon termination of agency contract, obligation to renew will be satisfied if the insurer has manifested its willingness to renew, and (B) obligation to renew is terminated on the effective date of any other automobile liability insurance procured by the named insured with respect to any automobile designated in both policies.
Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal. Nothing in this section shall require an insurance company to renew an automobile liability insurance policy if such renewal would be contrary to restrictions of membership in the company which are contained in the articles of incorporation or the bylaws of such company.
(b) (1) No insurance company shall refuse to renew a policy until after June 30, 2002, based on an insured's failure to maintain membership in a bona fide association, until both the insurance company and bona fide association have complied with the requirements of this subsection. No insurance company shall refuse to renew any coverage continuously in effect before July 1, 2002, unless:
(A) The application for insurance and the insurance policy shall clearly disclose that both the payment of dues and current membership in the bona fide association are prerequisites to obtaining or renewing the insurance;
(B) the bona fide association has filed a certification with the commissioner of insurance verifying the eligibility of the insurance company to refuse to renew an insurance policy based on the membership in the bona fide association; and
(C) any money paid to the bona fide association as a membership fee:
(i) Shall not be used by the insurance company directly or indirectly to defray any costs or expenses in connection with the sale or purchase of the insurance; and
(ii) shall be set independently of any factor used by the insurance company to make any judgment or determination about the eligibility of any individual to purchase or renew such insurance. For the purposes of this provision, the individual may be a member of the bona fide organization or an employee or dependent of such a member.
(2) (A) Upon request the bona fide association shall file a statement with the commissioner of insurance verifying that the bona fide association meets the requirements of this paragraph.
(B) For the purposes of this subsection, "bona fide association" means an association which:
(i) Has been in active existence for at least five consecutive years immediately preceding the date the statement is filed;
(ii) has been formed and maintained in good faith for purposes other than obtaining or providing insurance and does not condition membership in the association on the purchase of insurance;
(iii) has articles of incorporation and bylaws or other similar governing documents;
(iv) has a relationship with one or more specific insurance companies and identifies each such insurance company; and
(v) and does not condition membership in the association or set membership fees on the eligibility of any individual to purchase or renew the insurance or on any factor that the insurance company could not lawfully consider when setting rates. For the purposes of this provision, the individual may be a member of the bona fide organization or an employee or dependent of such a member.
(3) Membership fees collected by the bona fide association shall not be deemed to be premiums of the insurance company that issued the coverage unless the bona fide association:
(A) Uses any portion of such membership fees directly or indirectly to defray any costs or expenses in connection with the sale or purchase of the insurance; or
(B) sets or adjusts membership fees for any member of the bona fide association based on any factor used by the insurance company that issues the insurance to make any judgment or determination about the eligibility of any individual to purchase or renew the insurance. For the purposes of this provision, the individual may be a member of the bona fide organization or an employee or dependent of such a member.
(4) If the membership fees are determined to constitute premiums pursuant to paragraph (3) of this subsection, the insurance company shall not refuse to renew a policy as otherwise permitted by this subsection.
History: L. 1972, ch. 176, § 1; L. 2002, ch. 58, § 1; 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.