Kansas Statutes Annotated

K.S.A. § 40-218 (2026)

Actions and garnishment proceedings against insurance companies; process; venue; procedure; authorization of commissioner to set and publish fee

✓ current as of May 2026

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40-218. Actions and garnishment proceedings against insurance companies; process; venue; procedure; authorization of commissioner to set and publish fee. (a) Every insurance company, or fraternal benefit society, on applying for authority to transact business in this state, and as a condition precedent to obtaining such authority, shall file in the insurance department its irrevocable written consent that any action or garnishment proceeding may be commenced against such company or fraternal benefit society in the proper court of any county in this state in which the cause of action shall arise or in which the plaintiff may reside by the service of process on the commissioner of insurance of this state, and stipulating and agreeing that such service shall be taken and held in all courts to be as valid and binding as if due service had been made upon the president or chief officer of such corporation. Such consent shall be executed by the president and secretary of the company and shall be accompanied by a duly certified copy of the order or resolution of the board of directors, trustees or managers authorizing the president and secretary to execute the same. The summons or order of garnishment, accompanied by a fee not to exceed $25, shall be directed to the commissioner of insurance, and shall require the defendant or garnishee to answer or otherwise respond by a certain day, not less than 40 days from the date the summons or order of garnishment is served on the commissioner. Not later than December 1 of each year, the commissioner shall set and cause to be published in the Kansas register the fee required pursuant to this subsection for the next calendar year.

(b) Service on the commissioner of insurance of any process, notice or demand against an insurance company or fraternal benefit society shall be made by delivering to and leaving with the commissioner or the commissioner's designee, the original of the process and two copies of the process and the petition, notice of demand, or the clerk of the court may send the original process and two copies of both the process and petition, notice or demand directly to the commissioner by certified mail, return receipt requested. In the event that any process, notice or demand is served on the commissioner, the commissioner shall immediately cause a copy thereof to be forwarded by certified mail, return receipt requested to the insurance company or fraternal benefit society address to its general agent if such agent resides in this state or to the secretary of the insurance company or fraternal benefit society sued at its registered or principal office in any state in which it is domesticated. The commissioner of insurance shall make return of the summons to the court from whence it issued, showing the date of its receipt, the date of forwarding such copies, and the name and address of each person to whom a copy was forwarded. Such return shall be under the hand and seal of office, and shall have the same force and effect as a due and sufficient return made on process directed to a sheriff. The commissioner of insurance shall keep a suitable record in which shall be docketed every action commenced against an insurance company, the time when commenced, the date and manner of service; also the date of the judgment, its amount and costs, and the date of payment thereof, which shall be certified from time to time by the clerk of the court.

History: L. 1927, ch. 231, 40-218; L. 1963, ch. 258, § 1; L. 1992, ch. 154, § 2; L. 1999, ch. 133, § 1; L. 2007, ch. 122, § 1; L. 2008, ch. 143, § 2; L. 2025, ch. 87, § 6; July 1.

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1963–2025 · leading case: Merriman v. Crompton Corp., 146 P.3d 162 (Kan. 2006).

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Merriman v. Crompton Corp., 146 P.3d 162 (Kan. 2006). · cites it 9× “1419 (2001), in which the Court of Appeals held Kansas courts have general jurisdiction over a foreign insurance company required under K.S.A. 40-218 to consent to service of process as part of its application for authority to transact business in Kansas.”

Liebau v. Columbia Cas. Co., 176 F. Supp. 2d 1236 (D. Kan. 2001). · cites it 9× “On that same day, plaintiffs forwarded the summons for Columbia to the Kansas Department of Insurance for service by the Department in accordance with K.S.A. § 40-218. That statute requires the Kansas Insurance Commissioner to serve the named defendant by *1239 forwarding the…”

Novak v. Mut. of Omaha Ins., 28 P.3d 1033 (Kan. Ct. App. 2001). · cites it 8× “Although State Farm in Three Ten was apparently served with process under K.S.A. 40-218, which required foreign insurers to consent in advance to jurisdictions in certain situations in return for doing business in this state, Three Ten failed to argue jurisdiction under this…”

Ortiz v. Biscanin, 190 F. Supp. 2d 1237 (D. Kan. 2002). · cites it 6× “1996) (finding that under Kan. Stat. Ann. § 40-218 , "[t]he Department of Insurance is, in effect, the local agent for service for all insurance companies in Kansas.”

First Hays Banshares, Inc. v. Kansas Bankers Sur. Co., 769 P.2d 1184 (Kan. 1989). · cites it 5× “Thus, K.S.A. 40-218, providing for venue in actions against insurance companies, provides a more appropriate basis for determining venue in the present action.”

Kluin v. Am. Suzuki Motor Corp., 56 P.3d 829 (Kan. 2002). “We note that State Farm Fire & Casualty Company (State Farm), the defendant, was apparently served under K.S.A. 40-218, a statute requiring foreign insurers to consent in advance to jurisdiction in certain situations.”

Whittaker v. Med. Mut. of Ohio, 96 F. Supp. 2d 1197 (D. Kan. 2000). · cites it 2× “See Kan.Stat.Ann. § 40-218 (Supp.1999). Because Medical Mutual and STRS are not registered to conduct business in Kansas, defendants moved to dismiss the state action for insufficiency of service and lack of personal jurisdiction.”

Deines v. Vermeer Mfg. Co., 752 F. Supp. 989 (D. Kan. 1990). “The insurance company also agreed that service of process upon the Commissioner of Insurance would be valid and binding. Thus, personal jurisdiction is proper in this action because this defendant purposefully availed itself of the privilege of transacting business in this state.”

In re Berry v. DeWald garnishment (D. Kan. 2025). · cites it 29× “In addition, unlike Section 40-218(a), Section 40-218(b) is not limited merely to service on authorized insurers, see K.S.A. § 40-218, and thus its application to the Commissioner’s service on Princeton does not mean that the Act’s requirements do not also apply to it.”

Kost v. United Parcel Serv., Inc., 926 F. Supp. 1022 (D. Kan. 1996). · cites it 4× “” Kan.Stat.Ann. § 40-218 (1992). The Department of Insurance is, in effect, the local agent for service for all insurance companies in Kansas.”

Wallace v. Microsoft Corp., 563 F. Supp. 2d 1197 (D. Kan. 2008). “In Liebau , the court noted that service had been obtained under K.S.A. 40-218, and that “Kansas law requires strict compliance with statutory service requirements before service may be considered valid,” 176 F.”

Vazquez v. Gomez (D. Kan. 2021). · cites it 2× “4 and K.S.A. § 40-218 and K.S.A. § 60-304(g), to effect service on defendants Progressive Direct Insurance Company and Liberty Mutual Insurance Company, a copy of the Summons and Amended Complaint must be directed to the specific entities Kansas Commissioner of Insurance at:…”

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— K.S.A. § 40-218(a) — 1 case

In re Berry v. DeWald garnishment (D. Kan. 2025). “In addition, unlike Section 40-218(a), Section 40-218(b) is not limited merely to service on authorized insurers, see K.S.A. § 40-218, and thus its application to the Commissioner’s service on Princeton does not mean that the Act’s requirements do not also apply to it.”

— K.S.A. § 40-218(b) — 1 case

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