40-2916. Same; stay of proceedings to permit defense by association; application to set aside judgment or finding. All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed for sixty (60) days from the date the insolvency is determined to permit proper defense by the association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of such insured may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and shall be permitted to defend against such claim on the merits.
History: L. 1970, ch. 185, ยง 16; March 27.
Structure Kansas Statutes
Article 29 - Kansas Insurance Guaranty Association Act
40-2901 Purpose and construction.
40-2904 Same; creation of nonprofit association, membership; functions.
40-2905 Board of directors; selection; vacancies; expenses.
40-2906 Insolvency of insurer; duties of association; powers; certificate of contribution.
40-2906a Certificate of contribution as asset of insurer; offset against premium tax liability.
40-2908 Same; powers and duties of commissioner.
40-2910 Same; claims; exhaustion of rights under policy; recovery reductions.
40-2911 Same; detection and prevention of insurer insolvencies; reports and recommendations.
40-2912 Same; association subject to examination and regulation by commissioner; financial report.
40-2914 Same; rates and premiums of policies to include amounts of assessments to association.
40-2915 Same; liability of parties for actions.