Kansas Statutes Annotated

K.S.A. § 40-2401 (2026)

Purpose of act

✓ current as of May 2026
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40-2401. Purpose of act. The purpose of this act is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in the act of congress of March 9, 1945 (Public Law 15*, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.

History: L. 1955, ch. 247, § 1; June 30.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2021 · leading case: Spencer v. Aetna Life & Cas. Ins., 611 P.2d 149 (Kan. 1980).
Spencer v. Aetna Life & Cas. Ins., 611 P.2d 149 (Kan. 1980). · cites it 2× “” K.S.A. 40-2401 through 40-2414 encompass relevant statutes in an act designed “to regulate trade practices in the business of *924 insurance .”
Nationwide Mut. Ins. Co. v. Briggs, 317 P.3d 770 (Kan. 2014). · cites it 2× “40-276a(a), it may be subject to administrative penalties under the Unfair Trade Practices Act, K.S.A. 40-2401 et seq. Conclusion We answer the clarified certified question from the Tenth Circuit: “Yes.”
Earth Scientists v. United States Fid. & Guar. Co., 619 F. Supp. 1465 (D. Kan. 1985). · cites it 2× “Motion to Dismiss Plaintiffs Claim Under the Kansas Uniform Trade Practices Act Defendant moves the court to dismiss plaintiff's claim for violation of the Kansas Uniform Trade Practices Act (KUTPA), K.”
Guardian Title Co. v. Bell, 805 P.2d 33 (Kan. 1991). “by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.”
Jahnke v. Blue Cross & Blue Shield of Kansas, Inc., 353 P.3d 455 (Kan. Ct. App. 2015). “by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.”
Citizens'Util. Ratepayer Bd. v. State Corp. Comm'n, 956 P.2d 685 (Kan. 1998). “by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.”
Golden Rule Ins. v. Tomlinson Ex Rel. Comm'r of Ins., 277 P.3d 421 (Kan. Ct. App. 2012). · cites it 4× “: Golden Rule Insurance Company appeals the district court’s decision affirming the Kansas Insurance Department’s order finding it in violation of two provisions of our unfair trade practices law, K.S.A. 40-2401 et seq. Golden Rule challenges the Department’s findings that it…”
Citizens' Util. Ratepayer Bd. v. State Corp. Comm'n, 956 P.2d 685 (Kan. 1998). “by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.”
Nationwide Mut. Ins. v. Briggs, 555 F. App'x 799 (10th Cir. 2014). “40-276a(a), it may be subject to administrative penalties under the Unfair Trade Practices Act, K.S.A. 40-2401 et seq. Nationwide, 317 P.”
Evangel Assembly of God v. Bhd. Mut. Ins. Co. (D. Kan. 2021). “K.S.A. 40-2401 through 40-2414 constitutes the “unfair trade practice law.”
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