40-2001.
Purpose; legislative declaration.
The purpose of this act is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts.
The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its powers to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th
Congress of the United States, Chapter 20, 1st
Session, S. 340,* which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
History:
L. 1949, ch. 283, § 1; June 30.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1993–2025 · leading case:
Nicklin v. Harper, 860 P.2d 31 (Kan. Ct. App. 1993).
Nicklin v. Harper, 860 P.2d 31 (Kan. Ct. App. 1993).
· cites it 2× “Nicklin responds by arguing the logical inteipretation of' the phrase “unauthorized, foreign or alien insurer” is that all three adjectives are in tine disjunctive, otherwise the comma has no meaning and the allowance of attorney fees is required.”
Stephenson v. Frizzell Int'l, Ltd., 812 F. Supp. 1132 (D. Kan. 1993).
· cites it 11× “See K.S.A. 40-2001. To remedy this situation, the legislature enacted section 40-2002(a), whereby the unauthorized foreign or alien insurer, provided it has committed one of the enumerated acts in the statute (e.”
Youell v. Grimes, 203 F.R.D. 503 (D. Kan. 2001).
· cites it 2× “The policy behind the Act, as is expressly stated in K.S.A. 40-2001, is to subject unauthorized insurers to the jurisdiction of the Kansas courts: The purpose of this act is to subject certain insurers to the jurisdiction of courts of this state by or on behalf of insureds or…”
In re Berry v. DeWald garnishment (D. Kan. 2025).
· cites it 2× “Sections 40-2001 through 40-2006 constitute the “Unauthorized Insurers Process Act” (hereinafter “the Act”).”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.