Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3013a.Statement of existence of association not to be used to inducesales; description document, delivery to policyholder; disclaimer required;notice that policy is excluded from coverage under act.(a) No person, including an insurer, agent or affiliate ofan insurer shall make, publish, disseminate, circulate or place before thepublic, or cause directly or indirectly, to be made, published,disseminated, circulated or placed before the public, in any newspaper,magazine or other publication, or in the form of a notice, circular,pamphlet, letter or poster, or over any radio station or televisionstation, or in any other way, any advertisement, announcement or statement,written or oral, which uses the existence of the insurance guarantyassociation of this state for the purpose of sales, solicitation orinducement to purchase any form of insurance covered by the Kansas life andhealth insurance guaranty association act. This section shall not apply tothe Kansas life and health insurance guaranty association or any otherentity which does not sell or solicit insurance.
(b) Within 180 days of the effective date of this act, the associationshall prepare a summary document describing the general purposes andcurrent limitations of this act in complying with subsection (c). Thisdocument should be submitted to the commissioner for approval. Sixty daysafter receiving such approval, no insurer may deliver a policy or contractdescribed in subsection (b) of K.S.A. 40-3003 and amendments thereto to apolicy or contract holder unless the document is delivered to the policy orcontract holder prior to or at the time of delivery of the policy orcontract except if subsection (d) applies. The document should also beavailable upon request by a policyholder. The distribution, delivery orcontents or interpretation of this document shall not mean that either thepolicy or the contract or the holder thereof would be covered in the eventof the impairment or insolvency of a member insurer. The descriptiondocument shall be revised by the association as amendments to this act mayrequire. Failure to receive this document does not give the policyholder,contract holder, certificate holder or insured any greater rights thanthose stated in this act.
(c) The document prepared under subsection (b) shall contain a clear andconspicuous disclaimer on its face. The commissioner shall promulgate arule establishing the form and content of the disclaimer. The disclaimer shall:
(1) State the name and address of the life and health insurance guarantyassociation and insurance department;
(2) prominently warn the policy or contract holder that the life andhealth insurance guaranty association may not cover the policy or, ifcoverage is available, it will be subject to substantial limitations,exclusions and conditioned on continued residence in the state;
(3) state that the insurer and its agents are prohibited by law fromusing the existence of the life and health insurance guaranty associationfor the purpose of sales, solicitation or inducement to purchase any form of insurance;
(4) emphasize that the policy or contract holder should not rely oncoverage under the life and health insurance guaranty association whenselecting an insurer; and
(5) provide other information as directed by the commissioner.
(d) No insurer or agent may deliver a policy or contract described insubsection (b) of K.S.A. 40-3003 and amendments thereto and excluded undersubsection (n)(1) of K.S.A. 40-3008 and amendments thereto from coverageunder this act unless the insurer or agent, prior to or at the time ofdelivery, gives the policy or contract holder a separate written noticewhich clearly and conspicuously discloses that the policy or contract isnot covered by the life and health insurance guaranty association. Thecommissioner, by rule, shall specify the form and content of the notice.
Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3013a.Statement of existence of association not to be used to inducesales; description document, delivery to policyholder; disclaimer required;notice that policy is excluded from coverage under act.(a) No person, including an insurer, agent or affiliate ofan insurer shall make, publish, disseminate, circulate or place before thepublic, or cause directly or indirectly, to be made, published,disseminated, circulated or placed before the public, in any newspaper,magazine or other publication, or in the form of a notice, circular,pamphlet, letter or poster, or over any radio station or televisionstation, or in any other way, any advertisement, announcement or statement,written or oral, which uses the existence of the insurance guarantyassociation of this state for the purpose of sales, solicitation orinducement to purchase any form of insurance covered by the Kansas life andhealth insurance guaranty association act. This section shall not apply tothe Kansas life and health insurance guaranty association or any otherentity which does not sell or solicit insurance.
(b) Within 180 days of the effective date of this act, the associationshall prepare a summary document describing the general purposes andcurrent limitations of this act in complying with subsection (c). Thisdocument should be submitted to the commissioner for approval. Sixty daysafter receiving such approval, no insurer may deliver a policy or contractdescribed in subsection (b) of K.S.A. 40-3003 and amendments thereto to apolicy or contract holder unless the document is delivered to the policy orcontract holder prior to or at the time of delivery of the policy orcontract except if subsection (d) applies. The document should also beavailable upon request by a policyholder. The distribution, delivery orcontents or interpretation of this document shall not mean that either thepolicy or the contract or the holder thereof would be covered in the eventof the impairment or insolvency of a member insurer. The descriptiondocument shall be revised by the association as amendments to this act mayrequire. Failure to receive this document does not give the policyholder,contract holder, certificate holder or insured any greater rights thanthose stated in this act.
(c) The document prepared under subsection (b) shall contain a clear andconspicuous disclaimer on its face. The commissioner shall promulgate arule establishing the form and content of the disclaimer. The disclaimer shall:
(1) State the name and address of the life and health insurance guarantyassociation and insurance department;
(2) prominently warn the policy or contract holder that the life andhealth insurance guaranty association may not cover the policy or, ifcoverage is available, it will be subject to substantial limitations,exclusions and conditioned on continued residence in the state;
(3) state that the insurer and its agents are prohibited by law fromusing the existence of the life and health insurance guaranty associationfor the purpose of sales, solicitation or inducement to purchase any form of insurance;
(4) emphasize that the policy or contract holder should not rely oncoverage under the life and health insurance guaranty association whenselecting an insurer; and
(5) provide other information as directed by the commissioner.
(d) No insurer or agent may deliver a policy or contract described insubsection (b) of K.S.A. 40-3003 and amendments thereto and excluded undersubsection (n)(1) of K.S.A. 40-3008 and amendments thereto from coverageunder this act unless the insurer or agent, prior to or at the time ofdelivery, gives the policy or contract holder a separate written noticewhich clearly and conspicuously discloses that the policy or contract isnot covered by the life and health insurance guaranty association. Thecommissioner, by rule, shall specify the form and content of the notice.
Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3013a.Statement of existence of association not to be used to inducesales; description document, delivery to policyholder; disclaimer required;notice that policy is excluded from coverage under act.(a) No person, including an insurer, agent or affiliate ofan insurer shall make, publish, disseminate, circulate or place before thepublic, or cause directly or indirectly, to be made, published,disseminated, circulated or placed before the public, in any newspaper,magazine or other publication, or in the form of a notice, circular,pamphlet, letter or poster, or over any radio station or televisionstation, or in any other way, any advertisement, announcement or statement,written or oral, which uses the existence of the insurance guarantyassociation of this state for the purpose of sales, solicitation orinducement to purchase any form of insurance covered by the Kansas life andhealth insurance guaranty association act. This section shall not apply tothe Kansas life and health insurance guaranty association or any otherentity which does not sell or solicit insurance.
(b) Within 180 days of the effective date of this act, the associationshall prepare a summary document describing the general purposes andcurrent limitations of this act in complying with subsection (c). Thisdocument should be submitted to the commissioner for approval. Sixty daysafter receiving such approval, no insurer may deliver a policy or contractdescribed in subsection (b) of K.S.A. 40-3003 and amendments thereto to apolicy or contract holder unless the document is delivered to the policy orcontract holder prior to or at the time of delivery of the policy orcontract except if subsection (d) applies. The document should also beavailable upon request by a policyholder. The distribution, delivery orcontents or interpretation of this document shall not mean that either thepolicy or the contract or the holder thereof would be covered in the eventof the impairment or insolvency of a member insurer. The descriptiondocument shall be revised by the association as amendments to this act mayrequire. Failure to receive this document does not give the policyholder,contract holder, certificate holder or insured any greater rights thanthose stated in this act.
(c) The document prepared under subsection (b) shall contain a clear andconspicuous disclaimer on its face. The commissioner shall promulgate arule establishing the form and content of the disclaimer. The disclaimer shall:
(1) State the name and address of the life and health insurance guarantyassociation and insurance department;
(2) prominently warn the policy or contract holder that the life andhealth insurance guaranty association may not cover the policy or, ifcoverage is available, it will be subject to substantial limitations,exclusions and conditioned on continued residence in the state;
(3) state that the insurer and its agents are prohibited by law fromusing the existence of the life and health insurance guaranty associationfor the purpose of sales, solicitation or inducement to purchase any form of insurance;
(4) emphasize that the policy or contract holder should not rely oncoverage under the life and health insurance guaranty association whenselecting an insurer; and
(5) provide other information as directed by the commissioner.
(d) No insurer or agent may deliver a policy or contract described insubsection (b) of K.S.A. 40-3003 and amendments thereto and excluded undersubsection (n)(1) of K.S.A. 40-3008 and amendments thereto from coverageunder this act unless the insurer or agent, prior to or at the time ofdelivery, gives the policy or contract holder a separate written noticewhich clearly and conspicuously discloses that the policy or contract isnot covered by the life and health insurance guaranty association. Thecommissioner, by rule, shall specify the form and content of the notice.
