Article 2 - GENERAL PROVISIONS

Section 40-201 - Insurance company defined
Section 40-201a - Service contract; definitions; exemption from regulation
Section 40-202 - Code inapplicable to certain lodges, societies, persons and associations
Section 40-203 - Name of company or society; submission of name to commissioner
Section 40-204 - Unlawful to offer stock for sale without permit from commissioner; void shares, when
Section 40-205 - Application for permit to offer stock for sale; contents; duties of commissioner; findings; issuance or denial of permit; terms of permit; report by insurer; amendment or suspension of permit; notice and hearing; revocation, when; rules and regulations
Section 40-205a - Application for license to sell stock of insurance company or health maintenance organization, fee
Section 40-205b - Denial of application to sell stock as agent; hearing
Section 40-205c - Revocation of agent's license; hearing
Section 40-205d - Appeal of commission's decision
Section 40-205e - Penalty
Section 40-207 - Secretary and certain officers to give bond
Section 40-208 - Examination by commissioner before issuance of certificate
Section 40-209 - Foreign companies; requirements to transact business, waiver thereof; certificate of authority; application of corporation code and other laws
Section 40-209b - Same; act supplemental
Section 40-210 - Foreign companies outside United States; permission to transact business; assets; condition
Section 40-211 - Amount of deposit of foreign company outside United States
Section 40-212 - Credit for reinsured risks
Section 40-213 - Unlawful transfer of premium notes
Section 40-214 - Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts
Section 40-215 - Duration of licenses and certificates
Section 40-216 - Business prohibited until certain filings made; contracts effective on filing; filing of contracts on behalf of insurer by rating organization or another insurer; contracts written in foreign language; suspension or modification of filing requirements by commissioner; hearing, order
Section 40-217 - Contents of policies of foreign company
Section 40-218 - Actions and garnishment proceedings against insurance companies; process; venue; procedure; fee; record of commissioner
Section 40-219 - Failure of company to pay judgment
Section 40-220 - Action against insurance company to be brought in this state; injunction
Section 40-221a - Reinsurance of risks of and by Kansas companies; procedure; requirements
Section 40-221b - Reinsurance of risks of and by Kansas companies; procedure; requirements; definitions
Section 40-222 - Examination of condition of company, when; report, disclosure; suspension or revocation of certificate; notice and hearing
Section 40-222a - Examination of corporations organizing domestic insurance companies
Section 40-222b - Insurance company in hazardous financial condition; order of commissioner, notice and hearing; requirements which may be imposed; transfer of special deposit to guaranty fund, when
Section 40-222c - Same; insurance company defined
Section 40-222d - Same; company deemed to be in hazardous financial condition, when
Section 40-222e - Same; suspension, revocation or refusal to renew certificate
Section 40-222f - Examination of condition of company; definitions
Section 40-223 - Fees for examinations; compensation and expenses for examiners
Section 40-223a - Insurance company annual statement examination fund established; purpose
Section 40-223b - Same; compensation and expenses of examiners
Section 40-223c - Same; duties of commissioner; warrants of director of accounts and reports
Section 40-223d - Same; insufficiency of fund; transfer from general fund, limitation; files
Section 40-223e - Training insurance company examiners; establishment of revolving fund for financing training
Section 40-223f - Same; compensation and expenses of persons receiving training
Section 40-223g - Same; payments from revolving fund
Section 40-223h - Property and casualty actuarial opinion letter law; citation of act
Section 40-223i - Same; actuarial opinion, contents; procedure
Section 40-223j - Same; authority of commissioner; rules and regulations
Section 40-224 - When disbursements to be made only on voucher or affidavit
Section 40-225 - Company participation in insurance regulatory information system; annual statements of condition to be filed with commissioner; authority of commission to require annual audit and financial report; forms; inquiries of commissioner
Section 40-229 - Valuation of securities
Section 40-229a - Security deposits; deposit with financial institution; custodian and arrangements acceptable to commissioner; release and exchange of assets; income; forms prescribed and provided by commissioner; facsimile, electronic or digital signatures not recognized; inspection of securities on deposit; no liability of state or officers or employees for default of institution; audit of deposits with commissioner; title to assets; redeposit with clearing corporation; security and safety of deposits, rules and regulations
Section 40-230a - Deposit of securities purchased from sale of stock during organization period
Section 40-231 - Dealing in goods, wares and merchandise prohibited; exceptions
Section 40-232 - Sale of stock with insurance
Section 40-233 - Dividends, interest or bonus; payment from earned surplus
Section 40-234 - Unearned premium reserves of insurance companies; domestic title insurance companies; noncancelable policies, additional reserves
Section 40-234a - Reserves required for accident and health policies; unearned premium reserves
Section 40-234b - Unearned premium reserves required for domestic title insurance companies
Section 40-234c - Unearned premium reserves required of foreign title insurance company
Section 40-235 - Misrepresentations regarding policy terms; title insurance policies, search and examination requirements
Section 40-236 - Statements made with intent to injure company
Section 40-237 - Contracts and promissory notes by minors
Section 40-238 - Resident general agents of foreign companies
Section 40-239 - Definition; insurance agent
Section 40-240g - Rules and regulations
Section 40-241 - Examination of individual applicants for agents' licenses; fee; classes of insurance; issuance of license, when; record of licenses issued and companies' agents certified to represent; auto rental agency insurance license
Section 40-241h - Waiver of examination in certain cases
Section 40-241j - Annual report of agents contracted with and payment of certification fees; audit
Section 40-241k - Rules and regulations; establishing fees for agents
Section 40-244 - Representations without complying with code
Section 40-246a - Penalties for violating K.S.A. 40-246; hearings
Section 40-246b - Excess coverage license to effect insurance or reinsurance in nonadmitted companies; application; fee; affidavit; records; revocation or suspension of license; agent authorized to place business with excess coverage licensees; required information
Section 40-246c - Excess coverage license; accounting of gross premiums and tax thereon; penalty
Section 40-246d - Same; revocation or suspension of license, when
Section 40-246e - List of nonadmitted insurers authorized to write excess coverage on Kansas risks; requirements; removal from list
Section 40-246g - Surplus lines producer; exempt commercial purchaser
Section 40-246h - Commissioner; rules and regulations
Section 40-246i - Definitions
Section 40-247 - Insurance agent or broker failure to pay premium to company; criminal penalties
Section 40-248 - Discontinuance of business
Section 40-249 - Policies to be issued within two years
Section 40-250 - Companies subject to act
Section 40-251 - Insurance commissioner; legal representation; judicial review of actions
Section 40-252 - Schedules of fees and taxes for insurance companies and fraternal benefit societies; credits; deductions; returns; time for payment
Section 40-252a - Insurance company tax and fee refund revolving fund; use; duties of commissioner and director of accounts and reports; procedure
Section 40-252b - Fees, charges and taxes under K.S.A. 40-252; in lieu of all other license fees and taxes; exceptions
Section 40-252c - Same; credits; definitions
Section 40-252d - Credit against premium tax for salaries paid to Kansas employees
Section 40-252e - Small insurance company credit against premium tax
Section 40-252f - Credit for insurance companies for certain business investment expenses in qualified business facilities; eligibility; definitions
Section 40-252g - Same; expiration of act
Section 40-253 - Payment of fees and taxes in other states by Kansas companies; retaliatory measures, when
Section 40-253a - Same; effect of certain tax credits
Section 40-254 - [Repealed]
Section 40-256 - Attorney fees in actions on insurance policies; exception
Section 40-257 - Invalidity of code of 1927
Section 40-258 - Actions to recover death benefits based on certain policies; distribution
Section 40-259 - Continuity of management of domestic companies in national emergency; declaration of purpose
Section 40-260 - Same; adoption of emergency bylaws; effect
Section 40-261 - Same; effective provisions of law if emergency bylaws not adopted at time emergency occurs
Section 40-262 - Same; succession national emergency lists; basis; conditions
Section 40-263 - Same; home or principal office; alternate locations
Section 40-264 - Statement of ownership of equity shares in domestic stock companies filed with commissioner, when; changes
Section 40-265 - Profits from sale or purchase of equity securities to inure to benefit of company, when; actions for recovery; exemption
Section 40-266 - Unlawful acts in connection with sale of equity securities
Section 40-267 - Provisions of K.S.A. 40-265, 40-266 inapplicable to certain sales; rules and regulations
Section 40-268 - Provisions of K.S.A. 40-264 through 40-266 inapplicable to arbitrage transactions; exception
Section 40-269 - Equity security defined
Section 40-270 - Provisions of K.S.A. 40-264 through 40-266 inapplicable to equity securities of domestic companies, when
Section 40-271 - Rules and regulations by commissioner
Section 40-272 - Same; proxies, consents or authorization concerning securities of domestic companies
Section 40-273 - Joint underwriting and joint reinsurance; filing requirements; changes; prohibitions
Section 40-274 - Same; solicitation; countersignature requirements
Section 40-275 - Advance or partial payment not admissible as admission against interest or admission of liability; credit; no recovery; limitation of actions
Section 40-276 - Cancellation of automobile liability insurance; definitions
Section 40-276a - Automobile liability insurance policies; denial of renewal; notice; conditions; exceptions
Section 40-277 - Same; limitations on policy conditions for cancellation
Section 40-278 - Cancellation or nonrenewal of automobile liability policy; notice of availability of Kansas automobile insurance plan
Section 40-281 - Fact-finding hearings by commissioner on any matter relating to insurance; procedure; subpoena; hearing on orders issued by commissioner, Kansas administrative procedure act
Section 40-282 - Extension of credit to policyholder by insurance agent; conditions; request for cancellation of insurance for nonpayment of policyholder's account; exceptions
Section 40-283 - Same; interest not subject to certain provisions
Section 40-283a - Premium financing or extension of credit for term exceeding one year prohibited; renewal of agreement at expiration of term
Section 40-284 - Uninsured motorist coverage and underinsured motorist coverage; rejection; antistacking provision; exclusions or limitations of coverage; subrogation rights of underinsured motorist coverage insurer
Section 40-285 - Same; uninsured motor vehicle includes vehicle whose insurer is insolvent
Section 40-286 - Same; extent of insurer's insolvency protection
Section 40-287 - Same; subrogation rights
Section 40-288 - Same; provisions of article 22 of chapter 40 not required
Section 40-293a - Kansas riot reinsurance reimbursement fund abolished; transfer of moneys therein to general fund
Section 40-295 - Automobile insurance policies; discrimination on basis of age of insured prohibited in issuance, extension or renewal
Section 40-296 - Same; offer of insurance by one of group of affiliated insurors, effect
Section 40-297 - Same; group of affiliated insurors defined
Section 40-298 - Sale of insurance in connection with sale and financing of automobile; definitions
Section 40-299 - Sale of physical damage insurance in connection with sale and financing of automobile; acknowledgment by purchaser, form; suspension, or revocation of license
Section 40-2,100 - Insurance coverage to include reimbursement or indemnity for services performed by optometrist, dentist or podiatrist
Section 40-2,101 - No policies, contracts or agreements for medical service shall deny reimbursement or indemnification for any service within scope of practice licensed under Kansas healing arts act
Section 40-2,102 - Coverage for newly born and adopted children; coverage for immunizations; notification of birth or adoption; mandatory option to cover delivery expenses of birth mother of adopted child
Section 40-2,103 - Application of designated statutes
Section 40-2,104 - Insurance coverage to include reimbursement for services performed by licensed psychologist
Section 40-2,105 - Insurance coverage under individual or small employer group policies for services rendered in treatment of mental illness, alcoholism, drug abuse or substance use disorders; limitations; exceptions
Section 40-2,105a - Kansas mental health parity act; insurance coverage for services rendered in the treatment of mental illnesses, alcoholism, drug abuse or substance use disorders; limitations
Section 40-2,105b - Same; insurance coverage for psychotherapeutic drugs used for treatment of mental illness
Section 40-2,105c - Same; exemption
Section 40-2,105d - Citation of act
Section 40-2,106 - Definitions
Section 40-2,107 - Minimum notice requirements for cancellation of insurance agency contract by insurance company
Section 40-2,108 - Same; rules and regulations by commissioner
Section 40-2,109 - Mental or physical handicaps; rate discrimination prohibited; enforcement
Section 40-2,110 - Reporting fire losses; rules and regulations; report forms
Section 40-2,111 - Definitions
Section 40-2,112 - Adverse underwriting decisions; reasons required to be furnished; refunds of premiums; time for making decision
Section 40-2,113 - Nonliability for information relating to adverse underwriting decision
Section 40-2,114 - Insurance coverage to include reimbursement for services performed by licensed specialist social worker
Section 40-2,115 - Liability insurance coverage for punitive damages assessed against certain persons
Section 40-2,116 - Definitions
Section 40-2,117 - Provision of health services by professional provider; allowable charges
Section 40-2,118 - Fraudulent insurance act defined; amount involved defined; penalty; notification of commissioner, when; antifraud plan
Section 40-2,118a - [Repealed]
Section 40-2,119 - Same; immunity from civil liability for certain persons
Section 40-2,120 - Business or professional property or casualty insurance; cancellation, when
Section 40-2,121 - Same; nonrenewal; notice required
Section 40-2,122 - Cancellation or nonrenewal of policy; written explanation required
Section 40-2,123 - Insurers authorized to discontinue certain business in state, when; enforcement
Section 40-2,124 - Certain property and casualty rate filings not affected by certain rate regulation statutes
Section 40-2,125 - Violation of insurance laws; failure to file reports; penalties; emergency temporary cease and desist orders; definitions
Section 40-2,126 - Interest due on insurance settlements, when
Section 40-2,127 - Same; application to multiple payments
Section 40-2,128 - Same; rules and regulations
Section 40-2,129 - Managing general agents; title of act
Section 40-2,130 - Same; definitions
Section 40-2,131 - Same; licensure requirements; bond
Section 40-2,132 - Same; written contract to be in force prior to placement of business with insurer, minimum provisions governing relationship
Section 40-2,133 - Same; utilization by insurer; acts required to be performed by and prohibitions on insurer
Section 40-2,134 - Same; acts deemed to be acts of insurer; examination
Section 40-2,135 - Same; sanctions for violations; rights of policyholders, claimants and auditors not restricted
Section 40-2,136 - Same; rules and regulations
Section 40-2,137 - Assessment of costs of certain administrative hearings, guidelines, procedure
Section 40-2,138 - Investments by insurance companies governed by state law notwithstanding federal preemption
Section 40-2,153 - Insurance coverage to allow choice of pharmacy providers
Section 40-2,154 - Medicaid eligibility and coverage; prohibitions
Section 40-2,155 - Motor vehicle glass replacement; prohibitions; rights of the insured
Section 40-2,156 - Acquisitions and dispositions of assets or nonrenewals, cancellations or revisions of reinsurance agreements; report; confidential
Section 40-2,156a - Reporting requirements for material nonrenewal, cancellation of revision of ceded reinsurance agreements
Section 40-2,157 - Material acquisitions or dispositions of assets, defined; assets subject to act; information required to be disclosed
Section 40-2,159 - Reports on a nonconsolidated basis; exception
Section 40-2,160 - Coverage for minimum inpatient care following birth of child
Section 40-2,161 - Coverage for children in the custody of the commissioner of juvenile justice
Section 40-2,162 - Change of domicile of insurer or mutual holding company, requirements; continuation of certificate of authority, agent appointments, licenses, rates and other items; rules and regulations
Section 40-2,163 - Coverage for certain expenses relating to care and treatment of diabetes; educational expenses; exceptions
Section 40-2,164 - Coverage of prostate cancer screening
Section 40-2,165 - Coverage of general anesthesia in conjunction with dental care for certain individuals
Section 40-2,166 - Coverage of reconstructive breast surgery
Section 40-2,166a - Coverage for osteoporosis
Section 40-2,167 - Off-label use of prescription drugs; definitions
Section 40-2,168 - Same; coverage for cancer treatment; exclusion from coverage prohibited
Section 40-2,169 - Same; commissioner of insurance, powers
Section 40-2,170 - Same; coverage not affected, when
Section 40-2,184 - Coverage for orally administered anticancer medication
Section 40-2,185 - Dental health insurance; fee setting provision, limitation on
Section 40-2,186 - Same; definitions
Section 40-2,190 - Health insurance abortion coverage; separate coverage; when required
Section 40-2,191 - Same; severability clause
Section 40-2,192 - Mandate lite health benefit plan act
Section 40-2,193 - Specially designed policies; short-term policies
Section 40-2,194 - Health insurance coverage for autism spectrum disorder; requirements
Section 40-2,195 - Exclusive provider organization policy; requirements; exceptions; definitions
Section 40-2,196 - Coverage for amino acid-based elemental formula; report required; recommendation to legislature
Section 40-2,201 - Property and casualty insurance; group affiliated insurers; renewal of policy
Section 40-2,202 - Same; limited lines; self-service storage units
Section 40-2,203 - Corporate governance annual disclosure report required; contents; filing; rules and regulations
Section 40-2,204 - Claims handling operations; prohibition on imposition of restrictions or enforcement of local licensing or registration ordinances during a catastrophic event
Section 40-2,210 - Kansas telemedicine act; citation
Section 40-2,211 - Same; definitions
Section 40-2,212 - Same; confidentiality
Section 40-2,213 - Same; application of; coverage parity established
Section 40-2,214 - Same; prescribing of drugs via telemedicine
Section 40-2,215 - Same; abortions delivered via telemedicine not authorized
Section 40-2,216 - Same; nonseverability clause
Section 40-2,225 - Payment and reimbursement of dental services by dental benefits plans; definitions
Section 40-2,226 - Same; contract requirements; third-party access to provider network contracts
Section 40-2,227 - Same; requirements for methods of payment; limitations on certain transaction fees
Section 40-2,228 - Same; enforcement by commissioner of insurance
Section 40-2,231 - Kansas travel insurance act; citation
Section 40-2,232 - Purpose of act
Section 40-2,233 - Definitions
Section 40-2,234 - Limited lines travel insurance producer, licensure; requirements and limitations
Section 40-2,235 - Premium tax imposed
Section 40-2,236 - Travel protection plans; requirements
Section 40-2,237 - Travel insurance policies; requirements and limitations
Section 40-2,238 - Travel administrators; requirements; duties of insurer
Section 40-2,239 - Travel insurance; classification; eligibility and underwriting standards
Section 40-2,240 - Rules and regulations