Article 36 - IMPAIRED OR INSOLVENT INSURERS
- Section 40-3602 - Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application
- Section 40-3605 - Citation of act
- Section 40-3606 - Application of act
- Section 40-3607 - Definitions
- Section 40-3608 - Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county
- Section 40-3609 - Same; relief granted by court upon application of receiver; limitation
- Section 40-3610 - Same; persons required to cooperate with commissioner; definitions; civil and criminal penalties and supervision or revocation of licenses for failure to cooperate or obstruction or interference with commissioner
- Section 40-3611 - Same; proceeding commenced prior to effective date of act
- Section 40-3612 - Same; restrictions upon insurers subject to delinquency proceedings
- Section 40-3613 - Same; supervision of insurer by commissioner, grounds for, determination and order of commissioner; appointment of supervisor; conditions imposed upon insurer; service of notice of hearings and orders; civil penalties for violation of supervision order; enforcement of orders by court; personal liability of persons violating orders resulting in loss
- Section 40-3614 - Same; seizure of insurer; petition of commissioner; order of court; vacation of order; petition for hearing and review of order; failure to give notice to affected person
- Section 40-3615 - Confidentiality of records and documents in proceedings under K.S.A. 40-3613 and 40-3614; exceptions
- Section 40-3616 - Rehabilitation of insurer; application by commissioner for order of court; grounds
- Section 40-3617 - Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order
- Section 40-3618 - Same; appointment of special deputy, counsel, clerks and assistants; payment of costs and expenses; advisory committee; authority and responsibility of rehabilitator; illegal or improper conduct detrimental to insurer, remedies; plans for reorganization or other transformation of insurer; preparation of plan; approval or disapproval by court; implementation
- Section 40-3619 - Same; litigation pending at time of entry of rehabilitation order, stay of action or proceeding; duties of court and rehabilitator; statutes of limitation and defenses of laches; rights of guaranty associations; rights of federal home loan banks
- Section 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
- Section 40-3621 - Liquidation of insurer; petition by commissioner; grounds
- Section 40-3622 - Same; contents of order; authority and responsibility of liquidator; effect of filing or recording of order; rights and liabilities of parties; insolvency of insurer, findings, petition and declaration by court; accounting by liquidator; appeal from order; appeal pendency plan; order set aside on appeal
- Section 40-3623 - Same; continuation of insurance policies in effect at time of order of liquidation
- Section 40-3624 - Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court
- Section 40-3625 - Same; authority and responsibility of liquidator; limitation
- Section 40-3626 - Same; notice of liquidation order; persons and associations to whom required; publication of notice; notice to specify date before which claims must be filed; change of address of claimants; distribution of assets conclusive if notice given in accordance with section
- Section 40-3627 - Same; no actions brought, maintained or further presented against insurer or liquidator after order appointing liquidator; full faith and credit given to orders of other states; intervention in action pending in another state; actions or proceedings on behalf of estate of insurer on or after liquidation; statute of limitations does not run on actions between filing and denial of petition; standing of guaranty association
- Section 40-3628 - Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list
- Section 40-3629 - Transfers of property and obligations incurred within one year prior to filing of petition for rehabilitation or liquidation; fraudulent transfers and obligations incurred; fraudulent transactions of insurers with reinsurers; liability of person receiving property fraudulently transferred; limitation
- Section 40-3630 - Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred; limitation
- Section 40-3631 - Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county; limitation on avoidance of preference
- Section 40-3632 - Claims of creditors; allowance; avoidance; filing
- Section 40-3633 - Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable
- Section 40-3634 - Payment of reinsurance upon insolvency of ceding insurer
- Section 40-3635 - Insurer determined insolvent; proposal to disburse assets; application by liquidator
- Section 40-3636 - Claims; proof of claims, form and filing; late filings
- Section 40-3637 - Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations
- Section 40-3638 - Same; claims which may be allowed; limitations
- Section 40-3639 - Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file
- Section 40-3640 - Same; value of security held by secured creditor
- Section 40-3641 - Claims; priority of distribution; classes established
- Section 40-3642 - Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy
- Section 40-3643 - Unclaimed fund; deposit in accordance with unclaimed property act
- Section 40-3644 - Discharge of liquidator; orders of court
- Section 40-3645 - Liquidation proceedings; reopening after termination; order of court
- Section 40-3646 - Same; disposition of records; direction by court
- Section 40-3647 - Receiverships; audits; filing and payment of costs
- Section 40-3648 - Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation
- Section 40-3649 - Same; liquidation of assets; order of court; grounds; notice; liquidator appointed in another state; petition to federal district court; payment of claims to residents
- Section 40-3650 - Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims
- Section 40-3651 - Same; appointment of ancillary receiver; order of court; authority of ancillary receiver
- Section 40-3652 - Same; supervision or seizure proceedings, authority of commissioner
- Section 40-3653 - Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims
- Section 40-3654 - Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims
- Section 40-3655 - Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings
- Section 40-3656 - Same; proceeding in this state involving reciprocal states; order of distribution; equal priority of payment of claims from general assets; special deposit claims; secured claims
- Section 40-3657 - Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions
- Section 40-3658 - Severability of act
- Section 40-3659 - Qualified financial contracts; procedures; duties of receiver