40-216.Business prohibited until certain filingsmade; contracts effective on filing; filing of contractson behalf of insurer by rating organization or another insurer; contractswritten in foreign language; suspensionor modification of filing requirements by commissioner; hearing,order.(a) (1) No insurance company shall hereafter transact business in this stateuntil certified copies of its charter and amendments theretoshall have been filed with and approved by the commissioner ofinsurance. A copy of the bylaws and amendments thereto of insurance companiesorganized under the laws of this state shall also be filed with and approvedby the commissioner of insurance. The commissioner may also require thefiling of such otherdocuments and papers as are necessary to determine compliance with thelaws of this state.
(2) (A) Except as provided in subparagraph (B), eachcontract ofinsurance or indemnity issued or delivered in this state shall beeffective on filing, or any subsequent date selected by the insurer,unless the commissioner disapproves such contract of insurance orindemnity within 30 days after filing because the contract of insuranceor indemnitydoes not comply with Kansas law.
(B) The following contracts of insurance or indemnity shallnot be subject to the provisions of subsection (A):
(i) Contracts pertaining to large risks as defined insubsection (i) of K.S.A. 40-955, and amendments thereto, which areexempt from the filing requirements of this section;
(ii) personal lines contracts filed in accordance withparagraph (3) of this section;
(iii) any form filing for the basic coverage required byK.S.A. 40-3401 et seq., and amendments thereto; and
(iv) form filing for workers compensation.
No form filing listed in clauses (iii) and (iv) of thissubparagraph shall be used in this state by any insurer untilsuch form filing has been approved by the commissioner.
(3) Each personal lines contract of insurance or indemnity issued ordelivered in this state shall be on file for a period of 30 days beforebecoming effective unless the commissioner disapproves suchpersonal lines contract of insurance orindemnity within 30 days after filing because the contract of insurance orindemnity does not comply with Kansas law. For the purposes ofthis paragraph, the term "personal lines" shall mean insurance fornoncommercial automobile, homeowners, dwelling, fire and rentersinsurance policies as defined by the commissioner by rules andregulations.
(4) Under such rules and regulations as the commissioner ofinsurance shall adopt, the commissionermay, by written order, suspend or modify the requirement of filing formsof contracts of insurance or indemnity, which cannot practicably befiled before they are used. Such orders, rules and regulations shall bemade known to insurers and rating organizations affected thereby. Thecommissioner may make an examination to ascertain whether any formsaffected by such order meet the standards of this code.
(5) The failure of any insurance company to comply with this sectionshall not constitute a defense to any action brought on its contracts.An insurer may satisfy its obligation to file its contracts of insuranceor indemnity either individually or by authorizing the commissioner toaccept on its behalf the filings made by a licensed rating organizationor another insurer.
(b) The commissioner of insuranceshall allow anyinsurance company authorized to transact businessin this state to deliver to any person in this state anycontract of insurance or indemnity, including any explanatory materials,written in anylanguage other than the English language under thefollowing conditions:
(1) The insured or applicant for insurance who is given a copy of the samecontract of insurance or indemnity or explanatory materialswritten inthe English language;
(2) the English language version of thecontract for insurance or indemnityor explanatory materials delivered shall be the controlling version; and
(3) any contract of insurance or indemnity or explanatory materials writtenin any language other than Englishshall contain a disclosure statement in 10point boldface type, printed in both theEnglish language and the other languageused, stating the English version of thecontract of insurance or indemnity is theofficial or controlling version and that theversion is written in any language other thanEnglish is furnished for informationalpurposes only.
(c) All contracts of insurance or indemnity that arerequired to be filed with the commissioner ofinsurance shall beaccompanied by any version of such contract ofinsurance or indemnity written in any languageother than the English language.
(d) Any insurance company or insurer, includingany agent or employee thereof, who knowinglymisrepresents the content of a contract of insuranceor indemnity or explanatory materials written in a language other than theEnglish language shall be deemed to have violatedthe unfair trade practice law.
(e) For the purposes of this section, the term"contract of insurance or indemnity" shall include anyrider, endorsement or applicationpertaining to such contract of insurance orindemnity.
(f) (1) If at any time after a filing becomes effective, thecommissioner finds that such filing does not comply with this act,after the commissioner shall send written notice to every insurer andrating organization making such filing that a hearing concerning suchfiling will be held in not less than 10 days.
(2) After the hearing, the commissioner shall issue an order stating:
(A) The reasons why such filing failed to comply with theact; and
(B) the date, within a reasonable time after the date the orderis issued, upon which such filing shall no longer be effective.
(3) A copy of the commissioner's order shall be sent to every insurerand rating organization that made such filing.
(4) No order issued pursuant to this subsection shall affect anycontract or policy made or issued under such filing prior to the datespecified upon which such filing shall no longer be effective.
40-216.Business prohibited until certain filingsmade; contracts effective on filing; filing of contractson behalf of insurer by rating organization or another insurer; contractswritten in foreign language; suspensionor modification of filing requirements by commissioner; hearing,order.(a) (1) No insurance company shall hereafter transact business in this stateuntil certified copies of its charter and amendments theretoshall have been filed with and approved by the commissioner ofinsurance. A copy of the bylaws and amendments thereto of insurance companiesorganized under the laws of this state shall also be filed with and approvedby the commissioner of insurance. The commissioner may also require thefiling of such otherdocuments and papers as are necessary to determine compliance with thelaws of this state.
(2) (A) Except as provided in subparagraph (B), eachcontract ofinsurance or indemnity issued or delivered in this state shall beeffective on filing, or any subsequent date selected by the insurer,unless the commissioner disapproves such contract of insurance orindemnity within 30 days after filing because the contract of insuranceor indemnitydoes not comply with Kansas law.
(B) The following contracts of insurance or indemnity shallnot be subject to the provisions of subsection (A):
(i) Contracts pertaining to large risks as defined insubsection (i) of K.S.A. 40-955, and amendments thereto, which areexempt from the filing requirements of this section;
(ii) personal lines contracts filed in accordance withparagraph (3) of this section;
(iii) any form filing for the basic coverage required byK.S.A. 40-3401 et seq., and amendments thereto; and
(iv) form filing for workers compensation.
No form filing listed in clauses (iii) and (iv) of thissubparagraph shall be used in this state by any insurer untilsuch form filing has been approved by the commissioner.
(3) Each personal lines contract of insurance or indemnity issued ordelivered in this state shall be on file for a period of 30 days beforebecoming effective unless the commissioner disapproves suchpersonal lines contract of insurance orindemnity within 30 days after filing because the contract of insurance orindemnity does not comply with Kansas law. For the purposes ofthis paragraph, the term "personal lines" shall mean insurance fornoncommercial automobile, homeowners, dwelling, fire and rentersinsurance policies as defined by the commissioner by rules andregulations.
(4) Under such rules and regulations as the commissioner ofinsurance shall adopt, the commissionermay, by written order, suspend or modify the requirement of filing formsof contracts of insurance or indemnity, which cannot practicably befiled before they are used. Such orders, rules and regulations shall bemade known to insurers and rating organizations affected thereby. Thecommissioner may make an examination to ascertain whether any formsaffected by such order meet the standards of this code.
(5) The failure of any insurance company to comply with this sectionshall not constitute a defense to any action brought on its contracts.An insurer may satisfy its obligation to file its contracts of insuranceor indemnity either individually or by authorizing the commissioner toaccept on its behalf the filings made by a licensed rating organizationor another insurer.
(b) The commissioner of insuranceshall allow anyinsurance company authorized to transact businessin this state to deliver to any person in this state anycontract of insurance or indemnity, including any explanatory materials,written in anylanguage other than the English language under thefollowing conditions:
(1) The insured or applicant for insurance who is given a copy of the samecontract of insurance or indemnity or explanatory materialswritten inthe English language;
(2) the English language version of thecontract for insurance or indemnityor explanatory materials delivered shall be the controlling version; and
(3) any contract of insurance or indemnity or explanatory materials writtenin any language other than Englishshall contain a disclosure statement in 10point boldface type, printed in both theEnglish language and the other languageused, stating the English version of thecontract of insurance or indemnity is theofficial or controlling version and that theversion is written in any language other thanEnglish is furnished for informationalpurposes only.
(c) All contracts of insurance or indemnity that arerequired to be filed with the commissioner ofinsurance shall beaccompanied by any version of such contract ofinsurance or indemnity written in any languageother than the English language.
(d) Any insurance company or insurer, includingany agent or employee thereof, who knowinglymisrepresents the content of a contract of insuranceor indemnity or explanatory materials written in a language other than theEnglish language shall be deemed to have violatedthe unfair trade practice law.
(e) For the purposes of this section, the term"contract of insurance or indemnity" shall include anyrider, endorsement or applicationpertaining to such contract of insurance orindemnity.
(f) (1) If at any time after a filing becomes effective, thecommissioner finds that such filing does not comply with this act,after the commissioner shall send written notice to every insurer andrating organization making such filing that a hearing concerning suchfiling will be held in not less than 10 days.
(2) After the hearing, the commissioner shall issue an order stating:
(A) The reasons why such filing failed to comply with theact; and
(B) the date, within a reasonable time after the date the orderis issued, upon which such filing shall no longer be effective.
(3) A copy of the commissioner's order shall be sent to every insurerand rating organization that made such filing.
(4) No order issued pursuant to this subsection shall affect anycontract or policy made or issued under such filing prior to the datespecified upon which such filing shall no longer be effective.
40-216.Business prohibited until certain filingsmade; contracts effective on filing; filing of contractson behalf of insurer by rating organization or another insurer; contractswritten in foreign language; suspensionor modification of filing requirements by commissioner; hearing,order.(a) (1) No insurance company shall hereafter transact business in this stateuntil certified copies of its charter and amendments theretoshall have been filed with and approved by the commissioner ofinsurance. A copy of the bylaws and amendments thereto of insurance companiesorganized under the laws of this state shall also be filed with and approvedby the commissioner of insurance. The commissioner may also require thefiling of such otherdocuments and papers as are necessary to determine compliance with thelaws of this state.
(2) (A) Except as provided in subparagraph (B), eachcontract ofinsurance or indemnity issued or delivered in this state shall beeffective on filing, or any subsequent date selected by the insurer,unless the commissioner disapproves such contract of insurance orindemnity within 30 days after filing because the contract of insuranceor indemnitydoes not comply with Kansas law.
(B) The following contracts of insurance or indemnity shallnot be subject to the provisions of subsection (A):
(i) Contracts pertaining to large risks as defined insubsection (i) of K.S.A. 40-955, and amendments thereto, which areexempt from the filing requirements of this section;
(ii) personal lines contracts filed in accordance withparagraph (3) of this section;
(iii) any form filing for the basic coverage required byK.S.A. 40-3401 et seq., and amendments thereto; and
(iv) form filing for workers compensation.
No form filing listed in clauses (iii) and (iv) of thissubparagraph shall be used in this state by any insurer untilsuch form filing has been approved by the commissioner.
(3) Each personal lines contract of insurance or indemnity issued ordelivered in this state shall be on file for a period of 30 days beforebecoming effective unless the commissioner disapproves suchpersonal lines contract of insurance orindemnity within 30 days after filing because the contract of insurance orindemnity does not comply with Kansas law. For the purposes ofthis paragraph, the term "personal lines" shall mean insurance fornoncommercial automobile, homeowners, dwelling, fire and rentersinsurance policies as defined by the commissioner by rules andregulations.
(4) Under such rules and regulations as the commissioner ofinsurance shall adopt, the commissionermay, by written order, suspend or modify the requirement of filing formsof contracts of insurance or indemnity, which cannot practicably befiled before they are used. Such orders, rules and regulations shall bemade known to insurers and rating organizations affected thereby. Thecommissioner may make an examination to ascertain whether any formsaffected by such order meet the standards of this code.
(5) The failure of any insurance company to comply with this sectionshall not constitute a defense to any action brought on its contracts.An insurer may satisfy its obligation to file its contracts of insuranceor indemnity either individually or by authorizing the commissioner toaccept on its behalf the filings made by a licensed rating organizationor another insurer.
(b) The commissioner of insuranceshall allow anyinsurance company authorized to transact businessin this state to deliver to any person in this state anycontract of insurance or indemnity, including any explanatory materials,written in anylanguage other than the English language under thefollowing conditions:
(1) The insured or applicant for insurance who is given a copy of the samecontract of insurance or indemnity or explanatory materialswritten inthe English language;
(2) the English language version of thecontract for insurance or indemnityor explanatory materials delivered shall be the controlling version; and
(3) any contract of insurance or indemnity or explanatory materials writtenin any language other than Englishshall contain a disclosure statement in 10point boldface type, printed in both theEnglish language and the other languageused, stating the English version of thecontract of insurance or indemnity is theofficial or controlling version and that theversion is written in any language other thanEnglish is furnished for informationalpurposes only.
(c) All contracts of insurance or indemnity that arerequired to be filed with the commissioner ofinsurance shall beaccompanied by any version of such contract ofinsurance or indemnity written in any languageother than the English language.
(d) Any insurance company or insurer, includingany agent or employee thereof, who knowinglymisrepresents the content of a contract of insuranceor indemnity or explanatory materials written in a language other than theEnglish language shall be deemed to have violatedthe unfair trade practice law.
(e) For the purposes of this section, the term"contract of insurance or indemnity" shall include anyrider, endorsement or applicationpertaining to such contract of insurance orindemnity.
(f) (1) If at any time after a filing becomes effective, thecommissioner finds that such filing does not comply with this act,after the commissioner shall send written notice to every insurer andrating organization making such filing that a hearing concerning suchfiling will be held in not less than 10 days.
(2) After the hearing, the commissioner shall issue an order stating:
(A) The reasons why such filing failed to comply with theact; and
(B) the date, within a reasonable time after the date the orderis issued, upon which such filing shall no longer be effective.
(3) A copy of the commissioner's order shall be sent to every insurerand rating organization that made such filing.
(4) No order issued pursuant to this subsection shall affect anycontract or policy made or issued under such filing prior to the datespecified upon which such filing shall no longer be effective.
