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

K.S.A. § 40-202 (2026)

Code inapplicable to certain lodges, societies, persons and associations

✓ current as of May 2026
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40-202. Code inapplicable to certain lodges, societies, persons and associations. Nothing contained in this code shall apply to:

(a) Grand or subordinate lodges of any fraternal benefit society that admits to membership only persons engaged in one or more hazardous occupations in the same or similar line of business or to fraternal benefit societies as defined in and organized under article 7 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, unless they be expressly designated;

(b) the employees of a particular person, firm, or corporation;

(c) mercantile associations that simply guarantee insurance to each other in the same lines of trade and do not solicit insurance from the general public;

(d) the Swedish mutual aid association of Rapp, Osage county, Kansas;

(e) the Scandia mutual protective insurance company of Chanute, Kansas;

(f) the Seneca and St. Benedict mutual fire insurance company of Nemaha county, Kansas;

(g) the mutual insurance system practiced in the Mennonite church, in accordance with an old custom, either by the congregation themselves or by special associations, of its members in Kansas;

(h) the Kansas state high-school activities association;

(i) the mutual aid association of the church of the brethren;

(j) a voluntary noncontractual mutual aid arrangement whereby the needs of participants are announced and accommodated through subscriptions to a monthly publication;

(k) a self-funded health plan established or maintained for its employees by the state or a subdivision of the state, a school district, any public authority or by a county or city government or any political subdivision, agency or instrumentality thereof; or

(l) a self-funded health plan established or maintained for its employees by a church or by a convention or association of churches that is exempt from tax under section 501 of the internal revenue code.

History: L. 1927, ch. 231, 40-202; L. 1931, ch. 202, § 1; L. 1935, ch. 194, § 1; L. 1941, ch. 256, § 1; L. 1947, ch. 271, § 1; L. 1951, ch. 291, § 1; L. 1970, ch. 173, § 1; L. 1994, ch. 108, § 1; L. 2008, ch. 134, § 4; L. 2025, ch. 99, § 14; July 1.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1994–2024 · leading case: Unified Sch. Dist. No. 259 v. Sloan, 871 P.2d 861 (Kan. Ct. App. 1994).
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Unified Sch. Dist. No. 259 v. Sloan, 871 P.2d 861 (Kan. Ct. App. 1994). · cites it 2× “K.S.A. 40-202 exempts certain lodges, societies, persons, and associations from coverage under the state insurance code.”
Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). · cites it 30× “259 asserted that K.S.A. 40-202 exempted the Base Plan from regulation by the Kansas Insurance Department and thus K.”
Towne v. U.S.D. 259 (Kan. 2024). · cites it 17× “3 The district court dismissed Towne's claim after concluding that K.S.A. 40-202 exempts U.S.D. 259's Plan from regulation by the Kansas Insurance Code, K.”
— K.S.A. § 40-202(b) — 2 cases
Towne v. U.S.D. 259 (Kan. 2024). “3 The district court dismissed Towne's claim after concluding that K.S.A. 40-202 exempts U.S.D. 259's Plan from regulation by the Kansas Insurance Code, K.”
Towne v. Unified Sch. Dist. No. 259 (Kan. Ct. App. 2022). “259 asserted that K.S.A. 40-202 exempted the Base Plan from regulation by the Kansas Insurance Department and thus K.”
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