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

K.S.A. § 40-251 (2026)

Insurance commissioner; legal representation; judicial review of actions

✓ current as of May 2026
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40-251. Insurance commissioner; legal representation; judicial review of actions. (a) The attorney general shall represent the commissioner of insurance in any action to enforce a rule and regulation or order of the commissioner.

(b) Any action of the commissioner of insurance pursuant to law shall be subject to review in accordance with the Kansas judicial review act. The action for review shall be against the commissioner of insurance, not in the commissioner's individual name but in the commissioner's representative capacity.

(c) The state of Kansas shall represent the commissioner of insurance in any action brought against the commissioner in the commissioner's individual name where such activity was in connection with the performance of the commissioner's official duties.

History: L. 1927, ch. 231, 40-251; L. 1967, ch. 255, § 1; L. 1986, ch. 318, § 28; L. 2010, ch. 17, § 67; July 1.

CASE ANNOTATIONS

1. Section discussed in holding commissioner's duty under K.S.A. 40-703 ministerial only. Fidelity Life Ass'n v. Hobbs, 161 Kan. 163, 173, 166 P.2d 1001.

2. Mandamus to compel commissioner's approval of policy denied. John Hancock Mutual Life Ins. Co. v. Sullivan, 179 Kan. 167, 168, 169, 294 P.2d 234.

3. Commissioner's inclusion of second injury fund assessments exacted of Kansas companies by other states in computation of retaliatory tax is lawful and reasonable. Twin City Fire Ins. Co. v. Bell, 232 Kan. 813, 819, 658 P.2d 1038 (1983).


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Notes of Decisions
Cited in 3 cases, 1956–1999 · leading case: Amundson & Assocs. Art Studio, Ltd. v. Nat'l Council on Comp. Ins., 988 P.2d 1208 (Kan. Ct. App. 1999).
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Amundson & Assocs. Art Studio, Ltd. v. Nat'l Council on Comp. Ins., 988 P.2d 1208 (Kan. Ct. App. 1999). “K.S.A. 40-251(b); K.S.A. 40-778. We also note that the Kansas Legislature has authorized cooperation among rating organizations and insurers, which tends to be in direct conflict with principles of antitrust.”
Twin City Fire Ins. v. Bell, 658 P.2d 1038 (Kan. 1983). “K.S.A. 40-251 provides for actions by persons aggrieved by unlawful or unreasonable actions of the Commissioner.”
John Hancock Mut. Life Ins. v. Sullivan, 294 P.2d 234 (Kan. 1956). · cites it 6× “” Roth sections 40-216 and 40-251 are a part of the insurance code of this state, and it is apparent that under the provisions of section 40-251 the legislature made provision whereby plaintiff, if dissatisfied or aggrieved by any order or action of the commissioner of insurance…”
— K.S.A. § 40-251(b) — 1 case
Amundson & Assocs. Art Studio, Ltd. v. Nat'l Council on Comp. Ins., 988 P.2d 1208 (Kan. Ct. App. 1999). “K.S.A. 40-251(b); K.S.A. 40-778. We also note that the Kansas Legislature has authorized cooperation among rating organizations and insurers, which tends to be in direct conflict with principles of antitrust.”
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