Kansas Statutes Chapter 40 Article 9

What this document is

Kansas Statutes Chapter 40 Article 9 - General Provisions Relating to Fire Insurance Companies (incl. proof of loss, fire and casualty rate regulation act 40-951 to 40-967) 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. 40-953 (Unfair discrimination in rates)

  “Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or like expense factors but different loss exposures, so long as the rates reflect the differences with reasonable accuracy.”

• K.S.A. 40-955(b) (Certificate of insurance)

  “Notwithstanding the "large risk" filing exemption in subsection (i), a certificate of insurance cannot be used to modify, alter or amend the insurance policy it describes.”

• K.S.A. 40-924 (Proof of loss by fire or tornado)

  “if any such company fails to comply with this section the failure of the insured to make proper proof of loss prior to the suit shall be no defense to a suit upon the policy”

• K.S.A. 40-905(a)(1) (Statement of value in policy; total loss)

  “the amount of insurance written in such policy shall be taken conclusively to be the true value of the property insured, and the true amount of loss and measure of damages”

• K.S.A. 40-907 (Vacancy of premises)

  “shall not prevent recovery on such policy if it shall be shown by the plaintiff that the insured premises had ceased to be vacant and were occupied at the time of the loss”

• K.S.A. 40-955(d) (Effective dates of rate filings; personal lines waiting period)

  “(d) Any other rate filing, except personal lines filings, shall become effective on filing or any prospective date selected by the insurer, subject to the commissioner disapproving the same if the rates are determined to be inadequate, excessive, unfairly discriminatory or otherwise fails to meet...”

• K.S.A. 40-955(j) (Definition of large risk)

  “(j) For the purposes of this subsection, "large risk" means: (1) An insured that has total insured property values of $5,000,000 or more; (2) an insured that has total annual gross revenues of $10,000,000 or more; or (3) an insured that has in the preceding calendar year a total paid premium of...”

• K.S.A. 40-955(d) (Personal lines rate filings; waiting period)

  “Personal lines rate filings shall be on file for a waiting period of 30 days before becoming effective, subject to the commissioner disapproving the same if the rates are determined to be inadequate, excessive, unfairly discriminatory or otherwise fail to meet requirements of this act.”

• K.S.A. 40-970 (Flex-rating; overall statewide change)

  “a filing made by an insurer for personal insurance under this section that provides for an overall statewide rate increase or decrease of no more than 12% in the aggregate for all coverages that are subject to the filing may take effect the date it is filed. The 12% limitation shall not apply on an...”

• K.S.A. 40-973 (Rate increase on an existing policy at renewal)

  “no rate increase may be implemented with regard to an individual existing policy, unless such increase is applied at the time of a renewal or conditional renewal of an existing policy and the insurer mails or delivers to the named insured, at the address shown in the policy, a written notice that...”

• K.S.A. 40-924 (Proof of loss by fire or tornado; insurer to furnish blanks)

  “if any such company fails to comply with this section the failure of the insured to make proper proof of loss prior to the suit shall be no defense to a suit upon the policy”

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Questions about this source

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