40-972. Same; procedure; duties of commissioner. (a) Any filing submitted pursuant to K.S.A. 40-970, and amendments thereto, shall be deemed to comply with state law unless the commissioner determines that the filing is inadequate or unfairly discriminatory. If the commissioner determines that the filing is inadequate or unfairly discriminatory, the commissioner shall issue a written order specifying in detail:
(1) Each provision of Chapter 40 of the Kansas Statutes Annotated, and acts amendatory thereof and supplemental thereto, the insurer has violated;
(2) the reasons the filing is inadequate or unfairly discriminatory; and
(3) stating a reasonable future date on which the filing shall be considered no longer effective.
(b) If the commissioner issues an order pursuant to this section more than 30 days after the date on which the commissioner received the rate filing, the effect of such order shall be prospective only and shall not affect any contract issued or made before the effective date of such order.
History: L. 2008, ch. 144, ยง 4; July 1.
Structure Kansas Statutes
Article 9 - General Provisions Relating To Fire Insurance Companies
40-902 Deposit of securities by stock insurance company.
40-905 Statement of value in policy; evidence of ownership of property; exceptions.
40-906 Inspection and description of premises.
40-908 Attorney fees in certain actions.
40-924 Proof of loss by fire or tornado; insurer to furnish blanks and directions.
40-938 Same; false or misleading information; penalties.
40-951 Fire and casualty insurance rates; purpose of act.
40-952 Same; application of act.
40-955b Same; rate filings; premium variance, when allowed.
40-958 Same; deviations from rating organization filings.
40-959 Same; appeal of rating organization decision; hearing; order.
40-960 Same; information to be furnished insureds; grievance procedures; appeals to commissioner.
40-961 Same; statistical plans for reporting loss and expense data; rules and regulations.
40-962 Same; withholding or giving false or misleading information prohibited.
40-963 Same; violations; penalties.
40-964 Same; hearings under administrative procedure act.
40-965 Same; review of commissioner's actions; rates pending final determination of court.
40-971 Same; rates in excess of limitation of preceding section.
40-972 Same; procedure; duties of commissioner.