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

K.S.A. § 40-3620 (2026)

Same; petition for liquidation of insurer, when; defense against petition, payment of costs and expenses; termination of rehabilitation, petition and order; payment of costs and expenses

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

40-3620. Same; petition for liquidation of insurer, when; defense against petition, payment of costs and expenses; termination of rehabilitation, petition and order; payment of costs and expenses. (a) Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public, or would be futile, the commissioner may petition the district court of Shawnee county for an order of liquidation. A petition under this subsection shall have the same effect as a petition under K.S.A. 40-3621. The court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require.

(b) The rehabilitator may at any time petition the court for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under K.S.A. 40-3616 no longer exist, the court shall order that the insurer be restored to possession of such insurer's property and the control of the business. The court may also make that finding and issue that order at any time upon such court's own motion.

History: L. 1991, ch. 125, § 16; July 1.

CASE ANNOTATIONS

1. Federal trial court abstained from exercising jurisdiction to hear garnishment action involving state insurer insolvency law. In re Universe Life Ins. Co., 35 F. Supp. 2d 1297, 1299 (1999).


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 4 cases, 1995–1999 · leading case: In Re Universe Life Ins. Co., 35 F. Supp. 2d 1297 (D. Kan. 1999).
Sort: Relevance Newest Treatment
In Re Universe Life Ins. Co., 35 F. Supp. 2d 1297 (D. Kan. 1999). · cites it 2× “On May 27, 1998, the Shawnee County District Court held a hearing on the Centennial Rehabilitator's liquidation petition (filed April 21, 1998) and issued its Final Order of Liquidation, finding that Centennial was insolvent as defined by K.”
In re the Liquidation of Nat'l Colonial Ins., 892 P.2d 926 (Kan. Ct. App. 1995). “” K.S.A. 40-3620(a). In addition, NCI is deemed to have conceded to the terms of the order because it did not exercise its statutory right to appeal the liquidation order.”
Hartung v. Sebelius, 40 F. Supp. 2d 1257 (D. Kan. 1999). “40-3607(k)(2) and placed Centennial into liquidation pursuant to K.S.A. 40-3620 and 40-3621. On June 11, 1998, the Centennial reha-bilitators filed an action in the District Court of Shawnee County, Kansas to avoid and recover certain preferences.”
Idaho ex rel. Hartung v. Centennial Life Ins., 35 F. Supp. 2d 1297 (D. Kan. 1999). · cites it 2× “On May 27, 1998, the Shawnee County District Court held a hearing on the Centennial Rehabilitator’s liquidation petition (filed April 21, 1998) and issued its Final Order of Liquidation, finding that Centennial was insolvent as defined by K.”
K.S.A. § 40-3620(a): 1 case
In re the Liquidation of Nat'l Colonial Ins., 892 P.2d 926 (Kan. Ct. App. 1995). “” K.S.A. 40-3620(a). In addition, NCI is deemed to have conceded to the terms of the order because it did not exercise its statutory right to appeal the liquidation order.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.