40-3608.Delinquency proceedings; commencement and jurisdiction todetermine; authority of court; actions to be brought in district court ofShawnee county.(a) No delinquency proceeding shall be commenced under thissection by anyone other than the commissioner and no court shallhave jurisdiction to entertain, hear or determine any such proceeding commencedby any other person.
(b) No court shall have jurisdiction to entertain, hear ordetermine any complaint praying for the dissolution, liquidation,rehabilitation, sequestration, conservation or receivership of any insurer; orpraying for an injunction or restraining order or other relief preliminary to,incidental to or relating to such proceedings other than in accordance withthis act.
(c) In addition to other grounds for jurisdiction provided by law,a court having jurisdiction of the subject matter hasjurisdiction over a person served pursuant to K.S.A. 60-101 et seq. andamendments thereto, Kansas rules of civil procedure, or other applicableprovisions of law in an action brought by the receiver of a domestic insurer oran alien insurer domiciled in this state:
(1) If the person served is an agent, broker or other person who has at anytime written policies of insurance for or has acted in any manner whatsoever onbehalf of an insurer against which a delinquency proceeding has beeninstituted, in any action resulting from or incident to such a relationshipwith the insurer;
(2) if the person served is a reinsurer who has at any time entered into acontract of reinsurance with an insurer against which a delinquency proceedinghas been instituted, or is an agent or broker of or for the reinsurer, in anyaction on or incident to the reinsurance contract;
(3) if the person served is or has been an officer, director, manager,trustee, organizer, promoter or other person in a position of comparableauthority or influence over an insurer against which a delinquency proceedinghas been instituted, in any action resulting from or incident to such arelationship with the insurer;
(4) if the person served is or was at the time of the institution of thedelinquency proceeding against the insurer holding assets in which the receiverclaims an interest on behalf of the insurer, in any action concerning theassets; or
(5) if the person served is obligated to the insurer in any way whatsoever,in any action on or incident to the obligation.
(d) If the court on motion of any party finds that any action should as amatter of substantial justice be tried in a forum outside this state, the courtmay enter an appropriate order to stay further proceedings on the action inthis state.
(e) All actions herein authorized shall be brought in the district court ofShawnee county, Kansas.
40-3608.Delinquency proceedings; commencement and jurisdiction todetermine; authority of court; actions to be brought in district court ofShawnee county.(a) No delinquency proceeding shall be commenced under thissection by anyone other than the commissioner and no court shallhave jurisdiction to entertain, hear or determine any such proceeding commencedby any other person.
(b) No court shall have jurisdiction to entertain, hear ordetermine any complaint praying for the dissolution, liquidation,rehabilitation, sequestration, conservation or receivership of any insurer; orpraying for an injunction or restraining order or other relief preliminary to,incidental to or relating to such proceedings other than in accordance withthis act.
(c) In addition to other grounds for jurisdiction provided by law,a court having jurisdiction of the subject matter hasjurisdiction over a person served pursuant to K.S.A. 60-101 et seq. andamendments thereto, Kansas rules of civil procedure, or other applicableprovisions of law in an action brought by the receiver of a domestic insurer oran alien insurer domiciled in this state:
(1) If the person served is an agent, broker or other person who has at anytime written policies of insurance for or has acted in any manner whatsoever onbehalf of an insurer against which a delinquency proceeding has beeninstituted, in any action resulting from or incident to such a relationshipwith the insurer;
(2) if the person served is a reinsurer who has at any time entered into acontract of reinsurance with an insurer against which a delinquency proceedinghas been instituted, or is an agent or broker of or for the reinsurer, in anyaction on or incident to the reinsurance contract;
(3) if the person served is or has been an officer, director, manager,trustee, organizer, promoter or other person in a position of comparableauthority or influence over an insurer against which a delinquency proceedinghas been instituted, in any action resulting from or incident to such arelationship with the insurer;
(4) if the person served is or was at the time of the institution of thedelinquency proceeding against the insurer holding assets in which the receiverclaims an interest on behalf of the insurer, in any action concerning theassets; or
(5) if the person served is obligated to the insurer in any way whatsoever,in any action on or incident to the obligation.
(d) If the court on motion of any party finds that any action should as amatter of substantial justice be tried in a forum outside this state, the courtmay enter an appropriate order to stay further proceedings on the action inthis state.
(e) All actions herein authorized shall be brought in the district court ofShawnee county, Kansas.
40-3608.Delinquency proceedings; commencement and jurisdiction todetermine; authority of court; actions to be brought in district court ofShawnee county.(a) No delinquency proceeding shall be commenced under thissection by anyone other than the commissioner and no court shallhave jurisdiction to entertain, hear or determine any such proceeding commencedby any other person.
(b) No court shall have jurisdiction to entertain, hear ordetermine any complaint praying for the dissolution, liquidation,rehabilitation, sequestration, conservation or receivership of any insurer; orpraying for an injunction or restraining order or other relief preliminary to,incidental to or relating to such proceedings other than in accordance withthis act.
(c) In addition to other grounds for jurisdiction provided by law,a court having jurisdiction of the subject matter hasjurisdiction over a person served pursuant to K.S.A. 60-101 et seq. andamendments thereto, Kansas rules of civil procedure, or other applicableprovisions of law in an action brought by the receiver of a domestic insurer oran alien insurer domiciled in this state:
(1) If the person served is an agent, broker or other person who has at anytime written policies of insurance for or has acted in any manner whatsoever onbehalf of an insurer against which a delinquency proceeding has beeninstituted, in any action resulting from or incident to such a relationshipwith the insurer;
(2) if the person served is a reinsurer who has at any time entered into acontract of reinsurance with an insurer against which a delinquency proceedinghas been instituted, or is an agent or broker of or for the reinsurer, in anyaction on or incident to the reinsurance contract;
(3) if the person served is or has been an officer, director, manager,trustee, organizer, promoter or other person in a position of comparableauthority or influence over an insurer against which a delinquency proceedinghas been instituted, in any action resulting from or incident to such arelationship with the insurer;
(4) if the person served is or was at the time of the institution of thedelinquency proceeding against the insurer holding assets in which the receiverclaims an interest on behalf of the insurer, in any action concerning theassets; or
(5) if the person served is obligated to the insurer in any way whatsoever,in any action on or incident to the obligation.
(d) If the court on motion of any party finds that any action should as amatter of substantial justice be tried in a forum outside this state, the courtmay enter an appropriate order to stay further proceedings on the action inthis state.
(e) All actions herein authorized shall be brought in the district court ofShawnee county, Kansas.
