K.S.A. » Chapter 40
Kansas Statutes Annotated

K.S.A. § 40-201 (2026)

Insurance company defined

✓ current as of May 2026
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40-201. Insurance company defined. For the purposes of this article the term "insurance company" shall, unless otherwise provided, apply to all corporations, companies, associations, societies, persons or partnerships writing contracts of insurance, indemnity or suretyship upon any type of risk or loss. "Insurance company" does not include fraternal benefit societies as defined in K.S.A. 40-738, and amendments thereto, or hospitals or hospital associations that have been in operation for not less than 10 years.

History: L. 1927, ch. 231, 40-201; L. 1935, ch. 193, § 1; L. 2023, ch. 41, § 1; July 1.

Notes of Decisions
Cited in 37 cases, 1946–2012 · leading case: Johnson v. Westhoff Sand Co., 135 P.3d 1127 (Kan. 2006).
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Johnson v. Westhoff Sand Co., 135 P.3d 1127 (Kan. 2006). · cites it 2× “40-256: “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201 ... if it appear[s] from the evidence that such company .”
Evans v. Provident Life & Accident Ins., 815 P.2d 550 (Kan. 1991). · cites it 4× “40-256 provides: "That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201, and including in addition thereto any fraternal benefit society and any reciprocal or interinsurance exchange on any policy or…”
Wolf v. Mut. Benefit Health & Accident Ass'n, 366 P.2d 219 (Kan. 1961). · cites it 4× “, 40-256, reads: "That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in section 40-201 of the General Statutes of 1949, and including in addition thereto any reciprocal or inter-insurance exchange on any policy or…”
Crawford v. Prudential Ins. Co. of Am., 783 P.2d 900 (Kan. 1989). · cites it 2× “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201 ... if it appear from the evidence that such company, society or exchange has refused without just cause or excuse to pay the full amount of such…”
State Ex Rel. Londerholm v. Anderson, 408 P.2d 864 (Kan. 1965). · cites it 3× “*662 Our statutes do not specifically define insurance but K.S.A. 40-201, defines an insurance company as follows: "For the purposes of this article the term `insurance company' shall, unless otherwise provided, apply to all corporations, companies, associations, societies,…”
Serv. v. Pyramid Life Ins., 440 P.2d 944 (Kan. 1968). · cites it 2× “40-256 provides: *221 “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in section 40-201 of the General Statutes of 1949, .”
In the Matter of the Arbitration of Mut. Reinsurance Bureau, Claimant-Appellee v. Great Plains Mut. Ins. Co., Inc., 969 F.2d 931 (10th Cir. 1992). “For example, K.S.A. § 40-201 titled “Insurance company defined” provides in part: “For the purposes of this article the term ‘insurance company’ shall, unless otherwise provided, apply to all corporations, companies, associations, societies, persons or partnerships writing…”
Kilner v. State Farm Mut. Auto. Ins., 847 P.2d 1292 (Kan. 1993). “40-256 provides in relevant part: “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201, . . . if it appear from the evidence that such company .”
Stewart v. Mitchell Transp., 241 F. Supp. 2d 1216 (D. Kan. 2002). “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201, and including in addition thereto any fraternal benefit society and any reciprocal or interinsurance exchange on any policy or certificate of any…”
O'Donoghue v. Farm Bureau Mut. Ins., 49 P.3d 22 (Kan. Ct. App. 2002). · cites it 2× “Furthermore, neither the journal entry of judgment nor the nunc pro tunc order addressed the merits of the motion for attorney fees.”
Tradesmen Int'l, Inc. v. Wal-Mart Real Est. Bus. Trust, 129 P.3d 102 (Kan. Ct. App. 2006). · cites it 2× “40-256 outlines the circumstances under which a claimant is allowed to recover attorney fees against an insurance company that has refused without just cause or excuse to pay for a loss: “That in all actions hereafter commenced, in which judgment is rendered against any…”
Foster v. Stonebridge Life Ins. Co., 327 P.3d 1014 (Kan. Ct. App. 2012). “40-256 provides: “That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201 . . . , if it appeaifs] from tire evidence that such company.”
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