Kansas Statutes Annotated

K.S.A. § 40-2402 (2026)

Definitions

✓ current as of May 2026
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40-2402. Definitions. When used in this act:

(a) "Person" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd's insurer, fraternal benefit society and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters. Person also means any nonprofit medical and hospital service corporations, as defined in article 19c of chapter 40 of the Kansas Statutes Annotated, and amendments thereto; administrators, as defined in article 38 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto; and health maintenance organizations, as defined in article 32 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.

(b) "Commissioner" means the commissioner of insurance of this state.

(c) "Insurance policy" or "insurance contract" means any contract of insurance, indemnity, medical or hospital service, suretyship or annuity issued, proposed for issuance or intended for issuance by any person.

History: L. 1955, ch. 247, § 2; L. 1972, ch. 189, § 1; L. 1985, ch. 163, § 1; L. 1987, ch. 170, § 1; L. 1997, ch. 8, § 10; July 1.

CASE ANNOTATIONS

1. All power under act vested in insurance commissioner; no language purporting to create private cause of action. Earth Scientists v. United States Fidelity Ex Guar., 619 F. Supp. 1465, 1468, 1469 (1985).


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Notes of Decisions
Cited in 2 cases, 1985–2015 · leading case: Jahnke v. Blue Cross & Blue Shield of Kansas, Inc., 353 P.3d 455 (Kan. Ct. App. 2015).
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Jahnke v. Blue Cross & Blue Shield of Kansas, Inc., 353 P.3d 455 (Kan. Ct. App. 2015). “K.S.A. 40-2402(b): “ ‘Commissioner shall mean the commissioner of insurance of this state.”
Earth Scientists v. United States Fid. & Guar. Co., 619 F. Supp. 1465 (D. Kan. 1985). “The pertinent language (with emphasis added) is as follows: K.S.A. 40-2402(b): “Commissioner” shall mean the commissioner of insurance of this state.”
— K.S.A. § 40-2402(b) — 2 cases
Jahnke v. Blue Cross & Blue Shield of Kansas, Inc., 353 P.3d 455 (Kan. Ct. App. 2015). “K.S.A. 40-2402(b): “ ‘Commissioner shall mean the commissioner of insurance of this state.”
Earth Scientists v. United States Fid. & Guar. Co., 619 F. Supp. 1465 (D. Kan. 1985). “The pertinent language (with emphasis added) is as follows: K.S.A. 40-2402(b): “Commissioner” shall mean the commissioner of insurance of this state.”
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