State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16915

40-241

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-241.   Examination of individual applicants foragents' licenses;fee; classes of insurance; issuance of license, when; record of licensesissued and companies agents certified to represent; auto rental agencyinsurance license.Any applicant or prospectiveapplicant for an agent's license, if an individual,shall be given an examination by the commissioner orthe commissioner's designee to determine whether such applicant possesses thecompetence and knowledge of the kinds of insurance and transactionsunder the license applied for, or to be applied for, of the duties andresponsibilities ofsuch a license and of the pertinent provisions of the laws of thisstate. The applicant shall be tested on each class or subclassificationof insurance which may be written. An examination fee prescribed in rulesand regulations adopted by the commissioner shall be paid by the applicantand shall be required for each class ofinsurance for each attempt to pass the examination. Such examination feeshall be in addition to the certification fee required under K.S.A. 40-252,and amendments thereto. There shall be four classes of insurancefor thepurposes of this act:

      (1)   Life;

      (2)   accident and health;

      (3)   casualty and allied lines; and

      (4)   property and allied lines.

      An insurance license may be issued as asubclassificationof casualty and allied lines to any auto rental agency.An auto rental agency may offer or sell insurance only in connectionwith and incidental to the rental of motor vehicles, whether at the rentaloffice, at the point of delivery of a vehicle, or by preselection of coveragein a master, corporate or group rental agreement, in any of the followinggeneral categories: (1) Personal accident insurance covering risks of travel,(2) motor vehicle liability insurance, (3) personal effects insuranceprovidingcoverage to renters and other occupants of the motor vehicle, (4) roadsideassistance and emergency sickness protection programs, and (5) any other travelor auto-related coverage an auto rental company may offer in connection withand incidental to rental of motor vehicles. No insurance may be issued by anauto rental agency unless the rental period of the rentalagreement does not exceed 90 consecutive days and brochures and other writtenmaterial clearly and correctly explaining insurance coverages offered by theagency are available for prospective renters and clear and complete disclosuresare provided to prospective renters that such coverage may be duplicative ofother insurance owned by the renter, that purchase of insurance coverage is nota condition for renting a motor vehicle and describing the process for filing aclaim.

      Auto rental agencies employing representatives shallconduct a training program for each representative, providing instruction onthekinds of insurance coverage offered by the agency.

      No autorental agency shall offer or solicit any insurance other than the coveragesdescribed in this section without an insurance license.No auto rental employee or auto rental agency shall advertise or otherwise holdthemselves out as licensed insurers, insurance agents or insurance brokers.

      The commissioner of insurance shall adopt rules and regulationswith respect to the scope, subclassification, type and conduct of suchexamination.Examinations shall be given to applicants at least twice a month in Topeka,Kansas, and at least quarterly in other convenient locations in thestate of Kansas. The commissioner shall publish or arrange for the publicationofinformation and material which applicants can use to prepare for suchexamination.One or more rating organizations, advisory organizationsor other associations may be designated by the commissioner to assist in,or assume responsibility for, distribution of the study manuals to applicantsand other interested parties. Persons purchasing the study manual shallbe charged a reasonable fee established or approved by the commissioner.In the event the publication and distribution of the study material orthe development and conduct of examinations is delegatedto private firms, organizations or associations and the state incurs noexpense or obligation, the provisions of K.S.A. 75-3738 to 75-3744, inclusive,and amendments thereto, shall not apply.If the commissioner of insurance finds that the individual applicant istrustworthy, competent and has satisfactorily completed theexamination, the commissioner shall forthwith issue to the applicant alicense as an insurance agent but the issuance of such license shallconfer no authority to transact business in this state until the agenthas been certified by a company pursuant to K.S.A. 40-241i, and amendmentsthereto. If such applicant fails tosatisfactorily complete the examination,the examination may be retakenfollowing a waiting period ofnot less than seven days from the date of the last attempt. Ifthe applicant again fails to satisfactorily complete the examination, itmay be retaken following another waiting period of not less than seven daysfrom the date of the most recent attempt. Thereafter, the examination maybe retaken following a waiting period of not less than six months from thedate of the most recent attempt, except that following a waiting period oftwo years from the date of the applicant's last examination attempt anapplicant will be treated as a new applicant and new examination and waitingperiods shall apply.

      History:   L. 1927, ch. 231, 40-241; L. 1931, ch. 204, § 1; L. 1963,ch. 261, § 2; L. 1971, ch. 162, § 1; L. 1978, ch. 164, § 3; L. 1982, ch.193, § 1; L. 1982, ch. 194, § 1; L. 1986, ch. 171, § 1;L. 1988, ch. 151, § 3;L. 1989, ch. 131, § 2;L. 1992, ch. 19, § 2;L. 1996, ch. 45, § 2;L. 1999, ch. 91, § 3;L. 2004, ch. 159, § 1; May 27.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16915

40-241

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-241.   Examination of individual applicants foragents' licenses;fee; classes of insurance; issuance of license, when; record of licensesissued and companies agents certified to represent; auto rental agencyinsurance license.Any applicant or prospectiveapplicant for an agent's license, if an individual,shall be given an examination by the commissioner orthe commissioner's designee to determine whether such applicant possesses thecompetence and knowledge of the kinds of insurance and transactionsunder the license applied for, or to be applied for, of the duties andresponsibilities ofsuch a license and of the pertinent provisions of the laws of thisstate. The applicant shall be tested on each class or subclassificationof insurance which may be written. An examination fee prescribed in rulesand regulations adopted by the commissioner shall be paid by the applicantand shall be required for each class ofinsurance for each attempt to pass the examination. Such examination feeshall be in addition to the certification fee required under K.S.A. 40-252,and amendments thereto. There shall be four classes of insurancefor thepurposes of this act:

      (1)   Life;

      (2)   accident and health;

      (3)   casualty and allied lines; and

      (4)   property and allied lines.

      An insurance license may be issued as asubclassificationof casualty and allied lines to any auto rental agency.An auto rental agency may offer or sell insurance only in connectionwith and incidental to the rental of motor vehicles, whether at the rentaloffice, at the point of delivery of a vehicle, or by preselection of coveragein a master, corporate or group rental agreement, in any of the followinggeneral categories: (1) Personal accident insurance covering risks of travel,(2) motor vehicle liability insurance, (3) personal effects insuranceprovidingcoverage to renters and other occupants of the motor vehicle, (4) roadsideassistance and emergency sickness protection programs, and (5) any other travelor auto-related coverage an auto rental company may offer in connection withand incidental to rental of motor vehicles. No insurance may be issued by anauto rental agency unless the rental period of the rentalagreement does not exceed 90 consecutive days and brochures and other writtenmaterial clearly and correctly explaining insurance coverages offered by theagency are available for prospective renters and clear and complete disclosuresare provided to prospective renters that such coverage may be duplicative ofother insurance owned by the renter, that purchase of insurance coverage is nota condition for renting a motor vehicle and describing the process for filing aclaim.

      Auto rental agencies employing representatives shallconduct a training program for each representative, providing instruction onthekinds of insurance coverage offered by the agency.

      No autorental agency shall offer or solicit any insurance other than the coveragesdescribed in this section without an insurance license.No auto rental employee or auto rental agency shall advertise or otherwise holdthemselves out as licensed insurers, insurance agents or insurance brokers.

      The commissioner of insurance shall adopt rules and regulationswith respect to the scope, subclassification, type and conduct of suchexamination.Examinations shall be given to applicants at least twice a month in Topeka,Kansas, and at least quarterly in other convenient locations in thestate of Kansas. The commissioner shall publish or arrange for the publicationofinformation and material which applicants can use to prepare for suchexamination.One or more rating organizations, advisory organizationsor other associations may be designated by the commissioner to assist in,or assume responsibility for, distribution of the study manuals to applicantsand other interested parties. Persons purchasing the study manual shallbe charged a reasonable fee established or approved by the commissioner.In the event the publication and distribution of the study material orthe development and conduct of examinations is delegatedto private firms, organizations or associations and the state incurs noexpense or obligation, the provisions of K.S.A. 75-3738 to 75-3744, inclusive,and amendments thereto, shall not apply.If the commissioner of insurance finds that the individual applicant istrustworthy, competent and has satisfactorily completed theexamination, the commissioner shall forthwith issue to the applicant alicense as an insurance agent but the issuance of such license shallconfer no authority to transact business in this state until the agenthas been certified by a company pursuant to K.S.A. 40-241i, and amendmentsthereto. If such applicant fails tosatisfactorily complete the examination,the examination may be retakenfollowing a waiting period ofnot less than seven days from the date of the last attempt. Ifthe applicant again fails to satisfactorily complete the examination, itmay be retaken following another waiting period of not less than seven daysfrom the date of the most recent attempt. Thereafter, the examination maybe retaken following a waiting period of not less than six months from thedate of the most recent attempt, except that following a waiting period oftwo years from the date of the applicant's last examination attempt anapplicant will be treated as a new applicant and new examination and waitingperiods shall apply.

      History:   L. 1927, ch. 231, 40-241; L. 1931, ch. 204, § 1; L. 1963,ch. 261, § 2; L. 1971, ch. 162, § 1; L. 1978, ch. 164, § 3; L. 1982, ch.193, § 1; L. 1982, ch. 194, § 1; L. 1986, ch. 171, § 1;L. 1988, ch. 151, § 3;L. 1989, ch. 131, § 2;L. 1992, ch. 19, § 2;L. 1996, ch. 45, § 2;L. 1999, ch. 91, § 3;L. 2004, ch. 159, § 1; May 27.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article2 > Statutes_16915

40-241

Chapter 40.--INSURANCE
Article 2.--GENERAL PROVISIONS

      40-241.   Examination of individual applicants foragents' licenses;fee; classes of insurance; issuance of license, when; record of licensesissued and companies agents certified to represent; auto rental agencyinsurance license.Any applicant or prospectiveapplicant for an agent's license, if an individual,shall be given an examination by the commissioner orthe commissioner's designee to determine whether such applicant possesses thecompetence and knowledge of the kinds of insurance and transactionsunder the license applied for, or to be applied for, of the duties andresponsibilities ofsuch a license and of the pertinent provisions of the laws of thisstate. The applicant shall be tested on each class or subclassificationof insurance which may be written. An examination fee prescribed in rulesand regulations adopted by the commissioner shall be paid by the applicantand shall be required for each class ofinsurance for each attempt to pass the examination. Such examination feeshall be in addition to the certification fee required under K.S.A. 40-252,and amendments thereto. There shall be four classes of insurancefor thepurposes of this act:

      (1)   Life;

      (2)   accident and health;

      (3)   casualty and allied lines; and

      (4)   property and allied lines.

      An insurance license may be issued as asubclassificationof casualty and allied lines to any auto rental agency.An auto rental agency may offer or sell insurance only in connectionwith and incidental to the rental of motor vehicles, whether at the rentaloffice, at the point of delivery of a vehicle, or by preselection of coveragein a master, corporate or group rental agreement, in any of the followinggeneral categories: (1) Personal accident insurance covering risks of travel,(2) motor vehicle liability insurance, (3) personal effects insuranceprovidingcoverage to renters and other occupants of the motor vehicle, (4) roadsideassistance and emergency sickness protection programs, and (5) any other travelor auto-related coverage an auto rental company may offer in connection withand incidental to rental of motor vehicles. No insurance may be issued by anauto rental agency unless the rental period of the rentalagreement does not exceed 90 consecutive days and brochures and other writtenmaterial clearly and correctly explaining insurance coverages offered by theagency are available for prospective renters and clear and complete disclosuresare provided to prospective renters that such coverage may be duplicative ofother insurance owned by the renter, that purchase of insurance coverage is nota condition for renting a motor vehicle and describing the process for filing aclaim.

      Auto rental agencies employing representatives shallconduct a training program for each representative, providing instruction onthekinds of insurance coverage offered by the agency.

      No autorental agency shall offer or solicit any insurance other than the coveragesdescribed in this section without an insurance license.No auto rental employee or auto rental agency shall advertise or otherwise holdthemselves out as licensed insurers, insurance agents or insurance brokers.

      The commissioner of insurance shall adopt rules and regulationswith respect to the scope, subclassification, type and conduct of suchexamination.Examinations shall be given to applicants at least twice a month in Topeka,Kansas, and at least quarterly in other convenient locations in thestate of Kansas. The commissioner shall publish or arrange for the publicationofinformation and material which applicants can use to prepare for suchexamination.One or more rating organizations, advisory organizationsor other associations may be designated by the commissioner to assist in,or assume responsibility for, distribution of the study manuals to applicantsand other interested parties. Persons purchasing the study manual shallbe charged a reasonable fee established or approved by the commissioner.In the event the publication and distribution of the study material orthe development and conduct of examinations is delegatedto private firms, organizations or associations and the state incurs noexpense or obligation, the provisions of K.S.A. 75-3738 to 75-3744, inclusive,and amendments thereto, shall not apply.If the commissioner of insurance finds that the individual applicant istrustworthy, competent and has satisfactorily completed theexamination, the commissioner shall forthwith issue to the applicant alicense as an insurance agent but the issuance of such license shallconfer no authority to transact business in this state until the agenthas been certified by a company pursuant to K.S.A. 40-241i, and amendmentsthereto. If such applicant fails tosatisfactorily complete the examination,the examination may be retakenfollowing a waiting period ofnot less than seven days from the date of the last attempt. Ifthe applicant again fails to satisfactorily complete the examination, itmay be retaken following another waiting period of not less than seven daysfrom the date of the most recent attempt. Thereafter, the examination maybe retaken following a waiting period of not less than six months from thedate of the most recent attempt, except that following a waiting period oftwo years from the date of the applicant's last examination attempt anapplicant will be treated as a new applicant and new examination and waitingperiods shall apply.

      History:   L. 1927, ch. 231, 40-241; L. 1931, ch. 204, § 1; L. 1963,ch. 261, § 2; L. 1971, ch. 162, § 1; L. 1978, ch. 164, § 3; L. 1982, ch.193, § 1; L. 1982, ch. 194, § 1; L. 1986, ch. 171, § 1;L. 1988, ch. 151, § 3;L. 1989, ch. 131, § 2;L. 1992, ch. 19, § 2;L. 1996, ch. 45, § 2;L. 1999, ch. 91, § 3;L. 2004, ch. 159, § 1; May 27.