40-4011. Actions challenging validity of conversion; security required. No action challenging the validity of a conversion, or any aspect of such conversion under this act, may be commenced more than 30 days after the final act of conversion.
In any action challenging the plan of conversion or charging that the directors of the converting insurer, the converted insurer, the mutual holding company or the stock holding company, as applicable or any other person or persons have acted improperly in connection with any aspect of the conversion, the insurer or converted insurer in whose right such action is brought or the defendant or defendants shall be entitled at any stage of the proceedings before final judgment to require the plaintiff or plaintiffs to give security for the reasonable expenses including attorney fees, which may be incurred by the converting insurer, converted insurer or any other parties defendant in connection with such action. Thereafter, the amount of such security, from time to time, may be increased or decreased in the discretion of the court having jurisdiction of such action upon a showing that the security provided has or may become inadequate or excessive.
History: L. 1985, ch. 154, § 11; L. 1997, ch. 107, § 13; July 1.
Structure Kansas Statutes
Article 40 - Conversion Of Domestic Mutual Insurer Into Domestic Stock Insurer
40-4001 Conversion authority; review by commissioner; act to be liberally construed.
40-4003a Plan of conversion; terms and conditions.
40-4003b Same; establishment of closed block for policyholder dividends.
40-4003c Continuation in force of policies; extinguishment of policyholder rights.
40-4004 Consideration and approval or disapproval of plan by commissioner; hearings.
40-4005 Same; meeting for approval by policyholders.
40-4006 Limitation on ownership of voting stock of converted insurer; violations; remedies.
40-4007 Prohibition on certain persons benefiting from assistance in conversion.
40-4009 Directors and officers of mutual insurer, service.
40-4010 Securities issued under plan exempt from securities laws.
40-4011 Actions challenging validity of conversion; security required.
40-4012 Rules and regulations.
40-4013 Commissioner to charge insurer for expenses.
40-4014 Filing amended articles of incorporation with secretary of state.