40-4116.Requirements of purchasing group doing business in state;consent to service of process on commissioner of insurance; provisions notapplicable to certain purchasing groups.(a) A purchasing group which intends to do business inthis state shall furnish notice to the commissioner which shall:
(1) Identify the state in which the group is domiciled;
(2) specify the lines and classifications of liability insurance whichthe purchasing group intends to purchase;
(3) identify the insurance company from which the group intends topurchase its insurance and the domicile of such company;
(4) identify the principal place of business of the group; and
(5) provide such other information as may be required by thecommissioner to verify that the purchasing group is qualified undersubsection (j) of K.S.A. 40-4101 and amendments thereto.
The notice submitted to the commissioner shall be accompanied by anotification fee of $250.
(b) The purchasing group shall file with the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such group in the proper court of any county in thisstate in which the cause of action shall arise or in which the plaintiffmay reside by the service of process on the commissioner of insurance ofthis state and stipulating and agreeing that such service shall be takenand held in all courts to be as valid and binding as if due service hadbeen made upon the president or chief officer of such corporation. Suchconsent shall be executed by the president of the company and shall beaccompanied by a certified copy of the order or resolution of the board ofdirectors, trustees or managers authorizing the president to execute thesame. The summons, accompanied by a fee of $25 shall be directed tothecommissioner of insurance and shall require the defendant to answer notless than 40 days from its date. Such summons, and a certified copy of thepetition shall be forthwith forwarded by the clerk of the court to thecommissioner of insurance, who shall immediately forward a copy of thesummons and the certified copy of the petition, to the president of thegroup sued and thereupon the commissioner of insurance shall make return ofthe summons to the court from which it issued, showing the date of thereceipt by the commissioner, the date of forwarding of such copies and thename and address of the person to whom the commissioner forwarded the copy. Such return shall be made under the commissioner's hand and seal ofoffice, and shall have the same force and effect as a due and sufficientreturn made by the sheriff on process directed to the sheriff. Theforegoing shall not apply in the case of a purchasing group which:
(1) (A) Was domiciled before April 2, 1986; and
(B) is domiciled on and after October 27, 1986 in any state of the UnitedStates;
(2) (A) before October 27, 1986 purchased insurance from an insurancecarrier licensed in any state; and
(B) since October 27, 1986 purchased its insurance from an insurancecarrier licensed in any state;
(3) was a purchasing group under the requirements of the productliability retention act of 1981 before October 27, 1986; and
(4) does not purchase insurance that was not authorized for purposes ofan exemption under that act, as in effect before October 27, 1986.
History: L. 1987, ch. 172, § 7;L. 1992, ch. 154, § 6; July 1.
40-4116.Requirements of purchasing group doing business in state;consent to service of process on commissioner of insurance; provisions notapplicable to certain purchasing groups.(a) A purchasing group which intends to do business inthis state shall furnish notice to the commissioner which shall:
(1) Identify the state in which the group is domiciled;
(2) specify the lines and classifications of liability insurance whichthe purchasing group intends to purchase;
(3) identify the insurance company from which the group intends topurchase its insurance and the domicile of such company;
(4) identify the principal place of business of the group; and
(5) provide such other information as may be required by thecommissioner to verify that the purchasing group is qualified undersubsection (j) of K.S.A. 40-4101 and amendments thereto.
The notice submitted to the commissioner shall be accompanied by anotification fee of $250.
(b) The purchasing group shall file with the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such group in the proper court of any county in thisstate in which the cause of action shall arise or in which the plaintiffmay reside by the service of process on the commissioner of insurance ofthis state and stipulating and agreeing that such service shall be takenand held in all courts to be as valid and binding as if due service hadbeen made upon the president or chief officer of such corporation. Suchconsent shall be executed by the president of the company and shall beaccompanied by a certified copy of the order or resolution of the board ofdirectors, trustees or managers authorizing the president to execute thesame. The summons, accompanied by a fee of $25 shall be directed tothecommissioner of insurance and shall require the defendant to answer notless than 40 days from its date. Such summons, and a certified copy of thepetition shall be forthwith forwarded by the clerk of the court to thecommissioner of insurance, who shall immediately forward a copy of thesummons and the certified copy of the petition, to the president of thegroup sued and thereupon the commissioner of insurance shall make return ofthe summons to the court from which it issued, showing the date of thereceipt by the commissioner, the date of forwarding of such copies and thename and address of the person to whom the commissioner forwarded the copy. Such return shall be made under the commissioner's hand and seal ofoffice, and shall have the same force and effect as a due and sufficientreturn made by the sheriff on process directed to the sheriff. Theforegoing shall not apply in the case of a purchasing group which:
(1) (A) Was domiciled before April 2, 1986; and
(B) is domiciled on and after October 27, 1986 in any state of the UnitedStates;
(2) (A) before October 27, 1986 purchased insurance from an insurancecarrier licensed in any state; and
(B) since October 27, 1986 purchased its insurance from an insurancecarrier licensed in any state;
(3) was a purchasing group under the requirements of the productliability retention act of 1981 before October 27, 1986; and
(4) does not purchase insurance that was not authorized for purposes ofan exemption under that act, as in effect before October 27, 1986.
History: L. 1987, ch. 172, § 7;L. 1992, ch. 154, § 6; July 1.
40-4116.Requirements of purchasing group doing business in state;consent to service of process on commissioner of insurance; provisions notapplicable to certain purchasing groups.(a) A purchasing group which intends to do business inthis state shall furnish notice to the commissioner which shall:
(1) Identify the state in which the group is domiciled;
(2) specify the lines and classifications of liability insurance whichthe purchasing group intends to purchase;
(3) identify the insurance company from which the group intends topurchase its insurance and the domicile of such company;
(4) identify the principal place of business of the group; and
(5) provide such other information as may be required by thecommissioner to verify that the purchasing group is qualified undersubsection (j) of K.S.A. 40-4101 and amendments thereto.
The notice submitted to the commissioner shall be accompanied by anotification fee of $250.
(b) The purchasing group shall file with the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such group in the proper court of any county in thisstate in which the cause of action shall arise or in which the plaintiffmay reside by the service of process on the commissioner of insurance ofthis state and stipulating and agreeing that such service shall be takenand held in all courts to be as valid and binding as if due service hadbeen made upon the president or chief officer of such corporation. Suchconsent shall be executed by the president of the company and shall beaccompanied by a certified copy of the order or resolution of the board ofdirectors, trustees or managers authorizing the president to execute thesame. The summons, accompanied by a fee of $25 shall be directed tothecommissioner of insurance and shall require the defendant to answer notless than 40 days from its date. Such summons, and a certified copy of thepetition shall be forthwith forwarded by the clerk of the court to thecommissioner of insurance, who shall immediately forward a copy of thesummons and the certified copy of the petition, to the president of thegroup sued and thereupon the commissioner of insurance shall make return ofthe summons to the court from which it issued, showing the date of thereceipt by the commissioner, the date of forwarding of such copies and thename and address of the person to whom the commissioner forwarded the copy. Such return shall be made under the commissioner's hand and seal ofoffice, and shall have the same force and effect as a due and sufficientreturn made by the sheriff on process directed to the sheriff. Theforegoing shall not apply in the case of a purchasing group which:
(1) (A) Was domiciled before April 2, 1986; and
(B) is domiciled on and after October 27, 1986 in any state of the UnitedStates;
(2) (A) before October 27, 1986 purchased insurance from an insurancecarrier licensed in any state; and
(B) since October 27, 1986 purchased its insurance from an insurancecarrier licensed in any state;
(3) was a purchasing group under the requirements of the productliability retention act of 1981 before October 27, 1986; and
(4) does not purchase insurance that was not authorized for purposes ofan exemption under that act, as in effect before October 27, 1986.
History: L. 1987, ch. 172, § 7;L. 1992, ch. 154, § 6; July 1.
