40-2917. Termination of operation of association, when; discontinuance of payments to association; distribution of assets of company. (a) The commissioner shall by order terminate the operation of the Kansas insurance guaranty association as to any kind of insurance covered by this act with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which: (1) Is a permanent plan which is adequately funded or for which adequate funding is provided; and
(2) extends, or will extend to the Kansas policyholders and residents protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to such kinds of insurance under this act.
(b) The commissioner shall by the same such order authorize discontinuance of future payments by insurers to the Kansas insurance guaranty association with respect to the same kinds of insurance: Provided, The assessments and payments shall continue, as necessary, to liquidate covered claims of insurers adjudged insolvent prior to said order and the related expenses not covered by such other plan.
(c) In the event the operation of the Kansas insurance guaranty association shall be so terminated as to all kinds of insurance otherwise within its scope, the association as soon as possible thereafter shall distribute the balance of moneys and assets remaining, after discharge of the functions of the association with respect to prior insurer insolvencies not covered by such other plan, together with related expenses, to the insurers which are then writing in this state policies of the kinds of insurance covered by this act and which had made payments to the association, pro rate upon the basis of the aggregate of such payments made by the respective insurers during the period of five (5) years next preceding the date of such order. Upon completion of such distribution with respect to all of the kinds of insurance covered by this act, this act shall be deemed to have expired.
History: L. 1970, ch. 185, ยง 17; 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.