Kansas Statutes
Article 30 - Life And Health Insurance Guaranty Association
40-3018 Stay of proceedings; actions to set aside judgments and defend suits.

40-3018. Stay of proceedings; actions to set aside judgments and defend suits. All proceedings in which the impaired or insolvent insurer is a party in any court in this state shall be stayed 60 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.
History: L. 1972, ch. 190, § 18; L. 1986, ch. 180, § 14; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 40 - Insurance

Article 30 - Life And Health Insurance Guaranty Association

40-3001 Name and citation of act.

40-3002 Purpose.

40-3003 Persons provided coverage; policies and contracts specified.

40-3004 Liberal construction.

40-3005 Definitions.

40-3006 Kansas life and health insurance guaranty association, creation; members; functions and powers; accounts; under supervision of commissioner and insurance laws of state; meetings or records.

40-3007 Board of directors of association; selection; approval; vacancies; compensation.

40-3008 Powers and duties of association; limitations of liability of association; mandatory payment of certain claims.

40-3009 Assessment of member insurers to provide funds for administration of association; classes of assessment; limitations; refunds to insurers; certificates of contribution.

40-3010 Plan of operation; powers of commissioner; rules and regulations; mandatory and permissive provisions of plan; reimbursement for certain payments.

40-3011 Additional powers of commissioner; revocation of authority; appeals; judicial review; notice of effect of act.

40-3012 Duties of commissioner and board for the detection and prevention of insurer impairments; reports and recommendations of board to commissioner.

40-3013 Liability for unpaid assessments of insureds of impaired or insolvent insurers under plan; records of negotiations made public, when; association deemed creditor, when; use of assets of impaired or insolvent insurer; equitable distribution of...

40-3013a Statement of existence of association not to be used to induce sales; description document, delivery to policyholder; disclaimer required; notice that policy is excluded from coverage under act.

40-3014 Examination and regulation by commissioner; financial report.

40-3015 Association exempt from certain fees and taxes.

40-3016 Certificates of contributions as assets; percentage offset; refunds, disposition.

40-3017 Liabilities of parties for acts.

40-3018 Stay of proceedings; actions to set aside judgments and defend suits.