40-5110. Indemnification, when required. (a) An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent who obtains or uses credit information or insurance scores, or both, for an insurer.
(b) The provisions of subsection (a) shall not be available whenever the agent fails to:
(1) Follow the instructions of or procedures established by the insurer; and
(2) comply with any applicable law or regulation.
(c) Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.
History: L. 2003, ch. 88, ยง 11; July 1.
Structure Kansas Statutes
Article 51 - Insurance Score Act
40-5105 Re-underwriting or re-rating consumer, when; overpayment of premium.
40-5106 Disclosure requirements.
40-5107 Adverse action; notice to consumer, contents.
40-5108 Insurance score models, filing required; trade secret.
40-5109 Studies; report to legislature.
40-5110 Indemnification, when required.
40-5111 Prohibition against use of certain information; exceptions.
40-5112 Powers of commissioner.
40-5113 Rules and regulations.
40-5115 Credit information; use by insurers; extraordinary life circumstances; limitations.