State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18174

40-3805

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3805.   Same; books and records of administrator;access forcommissioner of insurance.Every administrator shall maintain at its principal administrativeoffice for the duration of the written agreement referred to in K.S.A.40-3802 and five years thereafter adequate books andrecords of all transactions between it, insurers and insured persons.Such books and records shall be maintained in accordance with prudentstandards of insurance record keeping. The commissioner of insuranceshall have access to such books and records for the purpose ofexamination, audit and inspection. Any informationcontained thereinwhich is atrade secret under the uniform trade secrets act (K.S.A. 60-3320 etseq. and amendments thereto),including but not limited to the identity and addresses of policyholdersand certificateholders, shall be confidential, except the commissionermay use such information in any proceedings instituted against theadministrator. The insurer shall retain the right to continuing accessto such books and records of the administrator sufficient to permit theinsurer to fulfill all of its contractual obligations to insuredpersons, subject to any restrictions in the written agreement betweenthe insurer and administrator on the proprietary rights of the partiesin such books and records.

      History:   L. 1978, ch. 174, § 4;L. 2005, ch. 67, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18174

40-3805

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3805.   Same; books and records of administrator;access forcommissioner of insurance.Every administrator shall maintain at its principal administrativeoffice for the duration of the written agreement referred to in K.S.A.40-3802 and five years thereafter adequate books andrecords of all transactions between it, insurers and insured persons.Such books and records shall be maintained in accordance with prudentstandards of insurance record keeping. The commissioner of insuranceshall have access to such books and records for the purpose ofexamination, audit and inspection. Any informationcontained thereinwhich is atrade secret under the uniform trade secrets act (K.S.A. 60-3320 etseq. and amendments thereto),including but not limited to the identity and addresses of policyholdersand certificateholders, shall be confidential, except the commissionermay use such information in any proceedings instituted against theadministrator. The insurer shall retain the right to continuing accessto such books and records of the administrator sufficient to permit theinsurer to fulfill all of its contractual obligations to insuredpersons, subject to any restrictions in the written agreement betweenthe insurer and administrator on the proprietary rights of the partiesin such books and records.

      History:   L. 1978, ch. 174, § 4;L. 2005, ch. 67, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article38 > Statutes_18174

40-3805

Chapter 40.--INSURANCE
Article 38.--REGULATION AND REGISTRATION OF ADMINISTRATORS

      40-3805.   Same; books and records of administrator;access forcommissioner of insurance.Every administrator shall maintain at its principal administrativeoffice for the duration of the written agreement referred to in K.S.A.40-3802 and five years thereafter adequate books andrecords of all transactions between it, insurers and insured persons.Such books and records shall be maintained in accordance with prudentstandards of insurance record keeping. The commissioner of insuranceshall have access to such books and records for the purpose ofexamination, audit and inspection. Any informationcontained thereinwhich is atrade secret under the uniform trade secrets act (K.S.A. 60-3320 etseq. and amendments thereto),including but not limited to the identity and addresses of policyholdersand certificateholders, shall be confidential, except the commissionermay use such information in any proceedings instituted against theadministrator. The insurer shall retain the right to continuing accessto such books and records of the administrator sufficient to permit theinsurer to fulfill all of its contractual obligations to insuredpersons, subject to any restrictions in the written agreement betweenthe insurer and administrator on the proprietary rights of the partiesin such books and records.

      History:   L. 1978, ch. 174, § 4;L. 2005, ch. 67, § 1; July 1.