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

K.S.A. § 40-3608 (2026)

Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county

✓ current as of May 2026
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40-3608. Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county. (a) No delinquency proceeding shall be commenced under this section by anyone other than the commissioner and no court shall have jurisdiction to entertain, hear or determine any such proceeding commenced by any other person.

(b) No court shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this act.

(c) In addition to other grounds for jurisdiction provided by law, a court having jurisdiction of the subject matter has jurisdiction over a person served pursuant to K.S.A. 60-101 et seq. and amendments thereto, Kansas rules of civil procedure, or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:

(1) If the person served is an agent, broker or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;

(2) if the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;

(3) if the person served is or has been an officer, director, manager, trustee, organizer, promoter or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;

(4) if the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or

(5) if the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.

(d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.

(e) All actions herein authorized shall be brought in the district court of Shawnee county, Kansas.

History: L. 1991, ch. 125, § 4; July 1.

CASE ANNOTATIONS

1. Whether case brought by insurance commissioner as statutory liquidator should be remanded to state court examined. Todd v. DSN Dealer Service Network, Inc., 861 F. Supp. 1531, 1535 (1994).


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Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1994–2021 · leading case: Todd v. DSN Dealer Serv. Network, Inc., 861 F. Supp. 1531 (D. Kan. 1994).
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Todd v. DSN Dealer Serv. Network, Inc., 861 F. Supp. 1531 (D. Kan. 1994). · cites it 3× “Although the Act does allow the liquidator in special circumstances to proceed in other venues, the Act contemplates that claims such as those asserted in this case will be brought in the District Court of Shawnee County, Kansas.”
Ito v. Investors Equity Life Holding Co.., 346 P.3d 118 (Haw. 2015). “2; Kan. Stat. Ann. § 40-3608 (b); Ky.Rev.Stat.”
St. John Med. Ctr. v. Dep't of Soc. & Health Servs., 110 Wash. App. 51 (Wash. Ct. App. 2002). “2; Kan. Stat. Ann. § 40-3608 (b); Ky. Rev. Stat.”
In Re Universe Life Ins. Co., 35 F. Supp. 2d 1297 (D. Kan. 1999). · cites it 2× “Of particular relevance for purposes of this garnishment action are the provisions directing the appointment of the Kansas Insurance Commissioner as liquidator who has the power to "collect all debts and moneys due and claims belonging to the insurer, wherever located;" to "take…”
Koken v. Cologne Reinsurance (Barbados), Ltd., 34 F. Supp. 2d 240 (M.D. Penn. 1999). “She cites Todd, supra, in which the court construed similar provisions of Kansas law, see K.S.A. § 40-3608(d) and § 40-3625(14), as conferring exclusive jurisdiction on the liquidation court.”
In re the Liquidation of Nat'l Colonial Ins., 892 P.2d 926 (Kan. Ct. App. 1995). “The Commissioner and the Shawnee County District Court — the only court with jurisdiction over these cases (K.S.A. 40-3608(b); K.S.A. 40-3609) need roadmaps for this issue, which likely will arise in the future.”
Idaho ex rel. Hartung v. Centennial Life Ins., 35 F. Supp. 2d 1297 (D. Kan. 1999). · cites it 2× “Of particular relevance for purposes of this garnishment action are the provisions directing the appointment of the Kansas Insurance Commissioner as liquidator who has the power to “collect all debts and moneys due and claims belonging to the insurer, wherever located;” to “take…”
Schmidt v. Downard (D. Kan. 2021). · cites it 2× “1994) (citing K.S.A. § 40-3608(b) and (d)). 64 Id.; see also In re Universe Life Ins.”
— K.S.A. § 40-3608(b) — 5 cases
Todd v. DSN Dealer Serv. Network, Inc., 861 F. Supp. 1531 (D. Kan. 1994). “Although the Act does allow the liquidator in special circumstances to proceed in other venues, the Act contemplates that claims such as those asserted in this case will be brought in the District Court of Shawnee County, Kansas.”
In Re Universe Life Ins. Co., 35 F. Supp. 2d 1297 (D. Kan. 1999). “Of particular relevance for purposes of this garnishment action are the provisions directing the appointment of the Kansas Insurance Commissioner as liquidator who has the power to "collect all debts and moneys due and claims belonging to the insurer, wherever located;" to "take…”
In re the Liquidation of Nat'l Colonial Ins., 892 P.2d 926 (Kan. Ct. App. 1995). “The Commissioner and the Shawnee County District Court — the only court with jurisdiction over these cases (K.S.A. 40-3608(b); K.S.A. 40-3609) need roadmaps for this issue, which likely will arise in the future.”
Idaho ex rel. Hartung v. Centennial Life Ins., 35 F. Supp. 2d 1297 (D. Kan. 1999). “Of particular relevance for purposes of this garnishment action are the provisions directing the appointment of the Kansas Insurance Commissioner as liquidator who has the power to “collect all debts and moneys due and claims belonging to the insurer, wherever located;” to “take…”
Schmidt v. Downard (D. Kan. 2021). “1994) (citing K.S.A. § 40-3608(b) and (d)). 64 Id.; see also In re Universe Life Ins.”
— K.S.A. § 40-3608(d) — 2 cases
Todd v. DSN Dealer Serv. Network, Inc., 861 F. Supp. 1531 (D. Kan. 1994). “Although the Act does allow the liquidator in special circumstances to proceed in other venues, the Act contemplates that claims such as those asserted in this case will be brought in the District Court of Shawnee County, Kansas.”
Koken v. Cologne Reinsurance (Barbados), Ltd., 34 F. Supp. 2d 240 (M.D. Penn. 1999). “She cites Todd, supra, in which the court construed similar provisions of Kansas law, see K.S.A. § 40-3608(d) and § 40-3625(14), as conferring exclusive jurisdiction on the liquidation court.”
— K.S.A. § 40-3608(e) — 1 case
Todd v. DSN Dealer Serv. Network, Inc., 861 F. Supp. 1531 (D. Kan. 1994). “Although the Act does allow the liquidator in special circumstances to proceed in other venues, the Act contemplates that claims such as those asserted in this case will be brought in the District Court of Shawnee County, Kansas.”
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