General Provisions: examination of companies, agents' license examination and definition, excess coverage licenses, automobile cancellation, uninsured and underinsured motorist coverage, business cancellation and nonrenewal, penalties

What this document is

Kansas Statutes Chapter 40 Article 2 (selected) - General Provisions: examination of companies, agents' license examination and definition, excess coverage licenses, automobile cancellation, uninsured and underinsured motorist coverage, business cancellation and nonrenewal, penalties is a state statute published by Kansas Office of Revisor of Statutes. It is one of the Kansas documents that insurance license exam questions are written from, including kansas property & casualty, kansas personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• K.S.A. 40-281(d) (Hearing on orders of the commissioner)

  “If such a request is made, the commissioner shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.”

• K.S.A. 40-222(g) (Refusal to submit to examination)

  “The refusal of any company, by its officers, directors, employees or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension or refusal of, or nonrenewal of any license or authority held by the company”

• K.S.A. 40-2,125(d)(1) (Definition of person)

  “"Person" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society and any other legal entity under the jurisdiction of the commissioner. The term "person" does not include insurance agents and brokers as such terms...”

• K.S.A. 40-209(b) (Foreign companies; government-controlled companies)

  “The authority shall not be granted, continued or renewed to any insurance company which is controlled, as such word is defined in subsection (c) of K.S.A. 40-3302, and amendments thereto, by another state of the United States or by a foreign government, or by any political subdivision of either.”

• K.S.A. 40-276a(a) (Renewal not a waiver or estoppel)

  “Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.”

• K.S.A. 40-2,120(f) (Business or professional policies; reinsurance determination)

  “(f) a determination by the commissioner that the insurer no longer has adequate reinsurance to meet the insurer's needs.”

• K.S.A. 40-246b(b) (Excess coverage license; rate differential)

  “Mere rate differential shall not be grounds for placing a particular risk with a nonadmitted insurer when an admitted insurer would accept such risk at a different rate.”

• K.S.A. 40-246b(d)(3) (Agent relieved after insolvency of nonadmitted insurer)

  “If business is placed with a nonadmitted company that is subsequently determined to be insolvent, the excess lines agent placing such business with such company is relieved of any responsibility to the insured as it relates to such insolvency, if the excess lines agent has satisfactorily complied...”

• K.S.A. 40-284(e)(3) (Uninsured motorist coverage; no physical contact)

  “(3) when there is no evidence of physical contact with the uninsured motor vehicle and when there is no reliable competent evidence to prove the facts of the accident from a disinterested witness not making claim under the policy;”

• K.S.A. 40-284(f) (Underinsured motorist insurer; substitution of payment)

  “Within 60 days of receipt of this written notice, the underinsured motorist coverage insurer may substitute its payment to the insured for the tentative settlement amount.”

• K.S.A. 40-2,121 (Nonrenewal of business or professional policy; notice required)

  “Any insurance company that denies renewal or substitution of similar coverage for the same exposures under any property or casualty insurance policy which is used primarily for business or professional needs shall give at least 60 days' written notice to the named insured at such person's last...”

• K.S.A. 40-2,125(a)(1) (Monetary penalty after hearing; knowing violations)

  “Payment of a monetary penalty of not more than $1,000 for each and every act or violation, unless the person knew or reasonably should have known that such person was in violation of the Kansas insurance statutes or any rule and regulation or order thereunder, in which case the penalty shall be not...”

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More Kansas sources

• Kan. Stat. Ann. s. 40-2404: Unfair methods of competition and deceptive acts definedState statute
• Kan. Stat. Ann. s. 40-4909: License denial, suspension, revocation, or refusalState statute
• Kan. Stat. Ann. s. 40-4903: License required to sell, solicit, or negotiateState statute
• Kan. Stat. Ann. s. 40-420: Standard provisions required in life insurance policiesState statute
• Kansas Statutes Chapter 40 Article 22 - Accident and Sickness Insurance (K.S.A. 40-2201 through 40-2259)State statute
• Kansas Insurance Content OutlinesCandidate handbook or exam outline
• Kansas Insurance Licensing Candidate HandbookCandidate handbook or exam outline
• Kansas Statute 40-2c01 - Risk-based capital requirements; definitionsState statute