40-101.
Name.
This act shall be known as the insurance code of the state of Kansas.
History:
L. 1927, ch. 231, 40-101; June 1.
CASE ANNOTATIONS
1. History and purpose of code discussed; powers of commissioner. National Mutual Casualty Co. v. Hobbs, 149 Kan. 625, 633, 88 P.2d 1006.
2. Cited in determining whether company engaged in selling cemetery lots, burial vaults and markers engaged in insurance. State, ex rel., v. Anderson, 195 Kan. 649, 661, 408 P.2d 864.
3. Authority of insurance commissioner to set insurance rates may not be collaterally attacked; insurance code in conjunction with filed rate doctrine supercedes Kansas antitrust act. Amundson & Associates Art Studio v. National Council on Comp. Ins., 26 Kan. App. 2d 489, 496, 988 P.2d 1208 (1999).
4. Declaration of public policy is primarily a legislative function; court of appeals erred in adopting common law rule rather than interpreting party's rights under insurance policy. O'Bryan v. Columbia Ins. Group, 274 Kan. 572, 56 P.3d 789 (2002).
O'Bryan v. Columbia Ins. Grp., 56 P.3d 789 (Kan. 2002). ““Public policy consists of the principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole society.” Bolz v. State Farm Mut. Auto. Ins.”
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898 (Kan. 2002). · cites it 2ד40-440, and the KAIRA are found within the Insurance Code of Kansas, K.S.A. 40-101 et seq. When enacting the KAIRA, the Kansas Legislature stated: "The purpose of this act [KAIRA] is to provide a means of compensating persons promptly for accidental bodily injury arising out of…”
Amundson & Assocs. Art Studio, Ltd. v. Nat'l Council on Comp. Ins., 988 P.2d 1208 (Kan. Ct. App. 1999). “K.S.A. 40-101 et seq. Further, the insurance code provides that all decisions and findings of the insurance commissioner are subject to review in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions.”
State Ex Rel. Londerholm v. Anderson, 408 P.2d 864 (Kan. 1965). “Plaintiff alleged in its original petition that defendants were engaged in the insurance business in violation of our insurance code (K.S.A. 40-101, et seq. ) inasmuch as they are not authorized to conduct such a business or to sell insurance in Kansas, and plaintiff sought to…”
Ridgway v. Shelter Ins. Companies, 913 P.2d 1231 (Kan. Ct. App. 1996). “At issue are two provisions of the Kansas insurance code, K.S.A. 40-101 et seq. Under K.S.A. 40-3107(f), every motor vehicle liability insurance policy issued to a Kansas insured shall “include personal injury protection benefits to the named insured, relatives residing in the…”
Stemple v. Maryland Cas. Co., 144 P.3d 1273 (Kan. 2006). “) The other relevant statute is found in the insurance code, K.S.A. 40-101 et seq. Subsection (a) of K.”
Towne v. U.S.D. 259 (Kan. 2024). · cites it 2ד40-202(b) exempts the "employees of a particular person, firm, or corporation" from regulation under the Insurance Code of the state of Kansas, K.S.A. 40-101 et seq. This provision does not exempt self-insured school districts from regulation under the Code.”
Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). “" K.S.A. 40-101. Article 2 contains general provisions, including a provision rendering the code inapplicable to certain lodges, societies, persons, and associations.”
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