Kansas Statutes Annotated

K.S.A. § 40-2407 (2026)

Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order

✓ current as of May 2026

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40-2407. Same; cease and desist orders; penalties; suspension or revocation of license; restitution; modification of order. (a) If, after such hearing, the commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall render an order requiring such person to cease and desist from engaging in such method of competition, act or practice and if the act or practice is a violation of K.S.A. 40-2404, and amendments thereto, the commissioner may in the exercise of discretion order any one or more of the following:

(1) Payment of a monetary penalty of not more than $1,000 for each and every act or violation, but not to exceed an aggregate penalty of $10,000, unless the person knew or reasonably should have known such person was in violation of this act, in which case the penalty shall be not more than $5,000 for each and every act or violation, but not to exceed an aggregate of $50,000 in any six-month period;

(2) suspension or revocation of the person's license if such person knew or reasonably should have known such person was in violation of this act; or

(3) redress of the injury by requiring the refund of any premiums paid by, the payment of any moneys withheld from, any consumer and appropriate public notification of the violation. In applying this penalty any requirement for the payment of moneys may include reasonable interest at a rate not to exceed the rate specified in K.S.A. 40-2,126, and amendments thereto, with such interest commencing no earlier than the date the consumer's complaint was received by the commissioner and actual costs incurred by the consumer in effecting the payment associated directly with the injury.

(b) After the expiration of the time allowed for filing a petition for review if no such petition has been duly filed within such time, the commissioner may at any time, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, reopen and alter, modify or set aside, in whole or in part, any order issued under this section, whenever in the commissioner's opinion conditions of fact or of law have so changed as to require such action or if the public interest shall so require.

History: L. 1955, ch. 247, § 7; L. 1972, ch. 189, § 6; L. 1976, ch. 219, § 1; L. 1988, ch. 356, § 111; L. 1993, ch. 91, § 1; L. 1997, ch. 24, § 5; July 1.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1980–2021 · 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). · cites it 4× “The first states: “Violations of this act shall be treated as violations of the unfair trade practices act and subject to the penalties prescribed by K.S.A. 40-2407 and 40-2411 and amendments thereto.”

Golden Rule Ins. Co. v. Tomlinson, 335 P.3d 1178 (Kan. 2014). · cites it 2× “40-2404(9)(d), the Department was authorized to order a remedy under K.S.A. 40-2407. Its subsection (a)(3) permits the commissioner to order “redress of tire injury by requiring the refund of any premiums paid by, the payment of any moneys withheld from, any consumer .”

Spencer v. Aetna Life & Cas. Ins., 611 P.2d 149 (Kan. 1980). “K.S.A. 1979 Supp. 40-2407 provides the penalties for violation of the foregoing as follows: “40-2407.”

Guardian Title Co. v. Bell, 805 P.2d 33 (Kan. 1991). “K.S.A. 1989 Supp. 40-2404b is not a criminal statute, although it is penal in nature because K.”

Heinson v. Porter, 772 P.2d 778 (Kan. 1989). “40-2404[9]) may be fined and subjected to other remedial penalties by the Kansas Department of Insurance pursuant to K.S.A. 40-2407. In the action before us, no attorney fees or other litigation costs of Mrs.”

Earth Scientists v. United States Fid. & Guar. Co., 619 F. Supp. 1465 (D. Kan. 1985). “and that a proceeding by the commissioner in respect thereto would be to the interest of the public, the commissioner shall issue and serve upon such person a statement of the charges in that respect and a notice of a hearing thereon____ (d) The commissioner, upon such hearing,…”

Golden Rule Ins. v. Tomlinson Ex Rel. Comm'r of Ins., 277 P.3d 421 (Kan. Ct. App. 2012). · cites it 2× “K.S.A. 40-2407. K.S.A. 40-2404 provides a list of prohibited acts.”

Nathan C. Niles D.D.S., LLC v. AMCO Ins. Co. (D. Kan. 2021). · cites it 2× “June 8, 2018); and then citing K.S.A. § 40-2407(a)). 14 Id. (citing King v.”

Evangel Assembly of God v. Bhd. Mut. Ins. Co. (D. Kan. 2021). “; K.S.A. 40-2407(a). “[T]he aggrieved insured has only two remedies to pursue—[it] may file suit for breach of the insurance contract and/or [] report the insurer to the Insurance Commissioner who may proceed under the [Kansas Uniform Trade Practices] Act.”

— K.S.A. § 40-2407(a) — 5 cases

Jahnke v. Blue Cross & Blue Shield of Kansas, Inc., 353 P.3d 455 (Kan. Ct. App. 2015). “The first states: “Violations of this act shall be treated as violations of the unfair trade practices act and subject to the penalties prescribed by K.S.A. 40-2407 and 40-2411 and amendments thereto.”

Golden Rule Ins. v. Tomlinson Ex Rel. Comm'r of Ins., 277 P.3d 421 (Kan. Ct. App. 2012). “K.S.A. 40-2407. K.S.A. 40-2404 provides a list of prohibited acts.”

Nathan C. Niles D.D.S., LLC v. AMCO Ins. Co. (D. Kan. 2021). “June 8, 2018); and then citing K.S.A. § 40-2407(a)). 14 Id. (citing King v.”

— K.S.A. § 40-2407(a)(3) — 1 case

Golden Rule Ins. Co. v. Tomlinson, 335 P.3d 1178 (Kan. 2014). “40-2404(9)(d), the Department was authorized to order a remedy under K.S.A. 40-2407. Its subsection (a)(3) permits the commissioner to order “redress of tire injury by requiring the refund of any premiums paid by, the payment of any moneys withheld from, any consumer .”

— K.S.A. § 40-2407(b) — 1 case

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