(a) "Ancillary state" means any state other than a domiciliary state.
(b) "Commissioner" means the commissioner of insurance.
(c) "Creditor" means a person having any claim, whether matured orunmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed orcontingent.
(d) "Delinquency proceeding" means any proceeding instituted against aninsurer for the purpose of liquidating, rehabilitating, reorganizing orconserving such insurer, and any summary proceeding under K.S.A.40-3613 or 40-3614.
(e) "Doing business" includes, but is not necessarily limited to, any of thefollowing acts, whether effected by mail or otherwise:
(1) The issuance or delivery of contracts of insurance to persons residentin this state;
(2) the solicitation of applications for such contracts, or othernegotiations preliminary to the execution of such contracts;
(3) the quoting of premiums, membership fees, assessments or otherconsideration for such contracts;
(4) the transaction of matters subsequent to execution of such contracts andarising out of them; or
(5) operating under a license or certificate of authority, as an insurer,issued by the insurance department.
(f) "Domiciliary state" means the state in which an insurer is incorporatedororganized; or, in the case of an alien insurer, its state of entry.
(g) "Fair consideration" is given for property or obligation:
(1) When in exchange for such property or obligation, as a fair equivalenttherefor, and in good faith, property is conveyed or services are rendered oran obligation is incurred or an antecedent debt is satisfied; or
(2) when such property or obligation is received in good faith to secure apresent advance or antecedent debt in amount not disproportionately small ascompared to the value of the property or obligation obtained.
(h) "Foreign country" means any other jurisdiction not in any state.
(i) "General assets" means all property, real, personal or otherwise, notspecifically mortgaged, pledged, deposited or otherwise encumbered for thesecurity or benefit of specified persons or classes of persons. As tospecifically encumbered property, "general assets" includes all such propertyor its proceeds in excess of the amount necessary to discharge the sum or sumssecured hereby. Assets held in trust and on deposit for the security orbenefit of all policyholders or all policyholders and creditors, in more than asingle state, shall be treated as general assets.
(j) "Guaranty association" means the Kansas insurance guaranty associationcreated by K.S.A. 40-2901 and amendments thereto, the Kansas life and healthinsurance guaranty association created by K.S.A. 40-3001 and amendmentsthereto, and any other similar entity now or hereafter created by thelegislature of this state for the payment of claims of insolvent insurers. "Foreign guaranty association" means any similar entities now in existence inor hereafter created by the legislature of any other state.
(k) "Insolvency" or "insolvent" means:
(1) For an insurer issuing only assessable fire insurance policies:
(A) The inability to pay any obligation within 30 days after it becomespayable; or
(B) if an assessment is made, within 30 days after such date. The inabilityto pay such obligation 30 days following the date specified in the firstassessment notice issued after the date of loss.
(2) For any other insurer, that it is unable to pay its obligations whenthey are due, or when its admitted assets do not exceed its liabilities plusthe greater of:
(A) Any capital and surplus required by law for its organization; or
(B) the total par of stated value of its authorized and issued capitalstock.
(C) For purposes of this subsection "liabilities" shall include, but not belimited to, reserves required by statute or by insurance department generalregulations or specific requirements imposed by the commissioner upon a subjectcompany at the time of admission or subsequent thereto.
(l) "Insurer" means any person who has done, purports to do, is doing or islicensed to do an insurance business, and is or has been subject to theauthority of, or to liquidation, rehabilitation, reorganization, supervision orconservation by, any insurance commissioner. For purposes of this act, anyother persons included under K.S.A. 40-3606 shall be deemed to beinsurers.
(m) "Person" means any individual, aggregation of individuals, trust,association, partnership, corporation or any affiliate thereof.
(n) "Preferred claim" means any claim with respect to which the terms ofthis act accord priority of payment from the general assets of the insurer.
(o) "Receiver" means receiver, liquidator, rehabilitator or conservator asthe context requires.
(p) "Reciprocal state" means any state other than this state in which insubstance and effect subsection (a) of K.S.A. 40-3622 and K.S.A.40-3650, 40-3651 and 40-3653 through 40-3655 are in force, andinwhich provisions are in force requiring that the commissioner or equivalentofficial be the receiver of a delinquent insurer, and in which some provisionexists for the avoidance of fraudulent conveyances and preferential transfers.
(q) "Secured claim" means any claim secured by mortgage, trust deed, pledge,deposit as security, escrow or otherwise; but not including, special depositclaims or claims against general assets. The term also includes claims whichhave become liens upon specific assets by reason of judicial process.
(r) "Special deposit claim" means any claim secured by a deposit madepursuant to statute for the security or benefit of a limited class or classesof persons, but not including any claim secured by general assets.
(s) "State" means any state, district, or territory of the United States andthe Panama Canal Zone.
(t) "Transfer" shall include the sale and every other and different mode,direct or indirect, of disposing of or of parting with property or within aninterest therein, or with the possession thereof or of fixing a lien uponproperty or upon an interest therein, absolutely or conditionally, voluntarily,by or without judicial proceedings. The retention of a security title toproperty delivered to a debtor shall be deemed a transfer suffered by thedebtor.
(a) "Ancillary state" means any state other than a domiciliary state.
(b) "Commissioner" means the commissioner of insurance.
(c) "Creditor" means a person having any claim, whether matured orunmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed orcontingent.
(d) "Delinquency proceeding" means any proceeding instituted against aninsurer for the purpose of liquidating, rehabilitating, reorganizing orconserving such insurer, and any summary proceeding under K.S.A.40-3613 or 40-3614.
(e) "Doing business" includes, but is not necessarily limited to, any of thefollowing acts, whether effected by mail or otherwise:
(1) The issuance or delivery of contracts of insurance to persons residentin this state;
(2) the solicitation of applications for such contracts, or othernegotiations preliminary to the execution of such contracts;
(3) the quoting of premiums, membership fees, assessments or otherconsideration for such contracts;
(4) the transaction of matters subsequent to execution of such contracts andarising out of them; or
(5) operating under a license or certificate of authority, as an insurer,issued by the insurance department.
(f) "Domiciliary state" means the state in which an insurer is incorporatedororganized; or, in the case of an alien insurer, its state of entry.
(g) "Fair consideration" is given for property or obligation:
(1) When in exchange for such property or obligation, as a fair equivalenttherefor, and in good faith, property is conveyed or services are rendered oran obligation is incurred or an antecedent debt is satisfied; or
(2) when such property or obligation is received in good faith to secure apresent advance or antecedent debt in amount not disproportionately small ascompared to the value of the property or obligation obtained.
(h) "Foreign country" means any other jurisdiction not in any state.
(i) "General assets" means all property, real, personal or otherwise, notspecifically mortgaged, pledged, deposited or otherwise encumbered for thesecurity or benefit of specified persons or classes of persons. As tospecifically encumbered property, "general assets" includes all such propertyor its proceeds in excess of the amount necessary to discharge the sum or sumssecured hereby. Assets held in trust and on deposit for the security orbenefit of all policyholders or all policyholders and creditors, in more than asingle state, shall be treated as general assets.
(j) "Guaranty association" means the Kansas insurance guaranty associationcreated by K.S.A. 40-2901 and amendments thereto, the Kansas life and healthinsurance guaranty association created by K.S.A. 40-3001 and amendmentsthereto, and any other similar entity now or hereafter created by thelegislature of this state for the payment of claims of insolvent insurers. "Foreign guaranty association" means any similar entities now in existence inor hereafter created by the legislature of any other state.
(k) "Insolvency" or "insolvent" means:
(1) For an insurer issuing only assessable fire insurance policies:
(A) The inability to pay any obligation within 30 days after it becomespayable; or
(B) if an assessment is made, within 30 days after such date. The inabilityto pay such obligation 30 days following the date specified in the firstassessment notice issued after the date of loss.
(2) For any other insurer, that it is unable to pay its obligations whenthey are due, or when its admitted assets do not exceed its liabilities plusthe greater of:
(A) Any capital and surplus required by law for its organization; or
(B) the total par of stated value of its authorized and issued capitalstock.
(C) For purposes of this subsection "liabilities" shall include, but not belimited to, reserves required by statute or by insurance department generalregulations or specific requirements imposed by the commissioner upon a subjectcompany at the time of admission or subsequent thereto.
(l) "Insurer" means any person who has done, purports to do, is doing or islicensed to do an insurance business, and is or has been subject to theauthority of, or to liquidation, rehabilitation, reorganization, supervision orconservation by, any insurance commissioner. For purposes of this act, anyother persons included under K.S.A. 40-3606 shall be deemed to beinsurers.
(m) "Person" means any individual, aggregation of individuals, trust,association, partnership, corporation or any affiliate thereof.
(n) "Preferred claim" means any claim with respect to which the terms ofthis act accord priority of payment from the general assets of the insurer.
(o) "Receiver" means receiver, liquidator, rehabilitator or conservator asthe context requires.
(p) "Reciprocal state" means any state other than this state in which insubstance and effect subsection (a) of K.S.A. 40-3622 and K.S.A.40-3650, 40-3651 and 40-3653 through 40-3655 are in force, andinwhich provisions are in force requiring that the commissioner or equivalentofficial be the receiver of a delinquent insurer, and in which some provisionexists for the avoidance of fraudulent conveyances and preferential transfers.
(q) "Secured claim" means any claim secured by mortgage, trust deed, pledge,deposit as security, escrow or otherwise; but not including, special depositclaims or claims against general assets. The term also includes claims whichhave become liens upon specific assets by reason of judicial process.
(r) "Special deposit claim" means any claim secured by a deposit madepursuant to statute for the security or benefit of a limited class or classesof persons, but not including any claim secured by general assets.
(s) "State" means any state, district, or territory of the United States andthe Panama Canal Zone.
(t) "Transfer" shall include the sale and every other and different mode,direct or indirect, of disposing of or of parting with property or within aninterest therein, or with the possession thereof or of fixing a lien uponproperty or upon an interest therein, absolutely or conditionally, voluntarily,by or without judicial proceedings. The retention of a security title toproperty delivered to a debtor shall be deemed a transfer suffered by thedebtor.
(a) "Ancillary state" means any state other than a domiciliary state.
(b) "Commissioner" means the commissioner of insurance.
(c) "Creditor" means a person having any claim, whether matured orunmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed orcontingent.
(d) "Delinquency proceeding" means any proceeding instituted against aninsurer for the purpose of liquidating, rehabilitating, reorganizing orconserving such insurer, and any summary proceeding under K.S.A.40-3613 or 40-3614.
(e) "Doing business" includes, but is not necessarily limited to, any of thefollowing acts, whether effected by mail or otherwise:
(1) The issuance or delivery of contracts of insurance to persons residentin this state;
(2) the solicitation of applications for such contracts, or othernegotiations preliminary to the execution of such contracts;
(3) the quoting of premiums, membership fees, assessments or otherconsideration for such contracts;
(4) the transaction of matters subsequent to execution of such contracts andarising out of them; or
(5) operating under a license or certificate of authority, as an insurer,issued by the insurance department.
(f) "Domiciliary state" means the state in which an insurer is incorporatedororganized; or, in the case of an alien insurer, its state of entry.
(g) "Fair consideration" is given for property or obligation:
(1) When in exchange for such property or obligation, as a fair equivalenttherefor, and in good faith, property is conveyed or services are rendered oran obligation is incurred or an antecedent debt is satisfied; or
(2) when such property or obligation is received in good faith to secure apresent advance or antecedent debt in amount not disproportionately small ascompared to the value of the property or obligation obtained.
(h) "Foreign country" means any other jurisdiction not in any state.
(i) "General assets" means all property, real, personal or otherwise, notspecifically mortgaged, pledged, deposited or otherwise encumbered for thesecurity or benefit of specified persons or classes of persons. As tospecifically encumbered property, "general assets" includes all such propertyor its proceeds in excess of the amount necessary to discharge the sum or sumssecured hereby. Assets held in trust and on deposit for the security orbenefit of all policyholders or all policyholders and creditors, in more than asingle state, shall be treated as general assets.
(j) "Guaranty association" means the Kansas insurance guaranty associationcreated by K.S.A. 40-2901 and amendments thereto, the Kansas life and healthinsurance guaranty association created by K.S.A. 40-3001 and amendmentsthereto, and any other similar entity now or hereafter created by thelegislature of this state for the payment of claims of insolvent insurers. "Foreign guaranty association" means any similar entities now in existence inor hereafter created by the legislature of any other state.
(k) "Insolvency" or "insolvent" means:
(1) For an insurer issuing only assessable fire insurance policies:
(A) The inability to pay any obligation within 30 days after it becomespayable; or
(B) if an assessment is made, within 30 days after such date. The inabilityto pay such obligation 30 days following the date specified in the firstassessment notice issued after the date of loss.
(2) For any other insurer, that it is unable to pay its obligations whenthey are due, or when its admitted assets do not exceed its liabilities plusthe greater of:
(A) Any capital and surplus required by law for its organization; or
(B) the total par of stated value of its authorized and issued capitalstock.
(C) For purposes of this subsection "liabilities" shall include, but not belimited to, reserves required by statute or by insurance department generalregulations or specific requirements imposed by the commissioner upon a subjectcompany at the time of admission or subsequent thereto.
(l) "Insurer" means any person who has done, purports to do, is doing or islicensed to do an insurance business, and is or has been subject to theauthority of, or to liquidation, rehabilitation, reorganization, supervision orconservation by, any insurance commissioner. For purposes of this act, anyother persons included under K.S.A. 40-3606 shall be deemed to beinsurers.
(m) "Person" means any individual, aggregation of individuals, trust,association, partnership, corporation or any affiliate thereof.
(n) "Preferred claim" means any claim with respect to which the terms ofthis act accord priority of payment from the general assets of the insurer.
(o) "Receiver" means receiver, liquidator, rehabilitator or conservator asthe context requires.
(p) "Reciprocal state" means any state other than this state in which insubstance and effect subsection (a) of K.S.A. 40-3622 and K.S.A.40-3650, 40-3651 and 40-3653 through 40-3655 are in force, andinwhich provisions are in force requiring that the commissioner or equivalentofficial be the receiver of a delinquent insurer, and in which some provisionexists for the avoidance of fraudulent conveyances and preferential transfers.
(q) "Secured claim" means any claim secured by mortgage, trust deed, pledge,deposit as security, escrow or otherwise; but not including, special depositclaims or claims against general assets. The term also includes claims whichhave become liens upon specific assets by reason of judicial process.
(r) "Special deposit claim" means any claim secured by a deposit madepursuant to statute for the security or benefit of a limited class or classesof persons, but not including any claim secured by general assets.
(s) "State" means any state, district, or territory of the United States andthe Panama Canal Zone.
(t) "Transfer" shall include the sale and every other and different mode,direct or indirect, of disposing of or of parting with property or within aninterest therein, or with the possession thereof or of fixing a lien uponproperty or upon an interest therein, absolutely or conditionally, voluntarily,by or without judicial proceedings. The retention of a security title toproperty delivered to a debtor shall be deemed a transfer suffered by thedebtor.
