State Codes and Statutes

Statutes > Kansas > Chapter40 > Article49 > Statutes_18308

40-4902

Chapter 40.--INSURANCE
Article 49.--UNIFORM INSURANCE AGENTS LICENSING ACT

      40-4902.   Same; definitions.As used in this act: (a) "Approved subject" or "approvedcourse" meansany educational presentation involving insurance fundamentals, insurance law,insurance policies and coverage, insurance needs, insurance risk management,insurance agency management or other areas, which is offered in a class,seminar,computer based training, interactive internet training or other similar form ofinstruction, and which has been approved by the commissioner under this act asexpanding skills and knowledge obtained prior to initial licensure under thisact ordeveloping new and relevant skills and knowledge in preparation for suchlicensure.

      (b)   "Biennial due date" means the date of birth of any licensed insuranceagent who is required to complete C.E.C.'s and report the completion of suchC.E.C.'s to the commissioner pursuant to this act, except that such due dateshallnot be earlier than two years from the date of the insurance agent's initiallicensure under this act. The biennial due date for a registered businessentity shallbe the date of initial licensure under this act.

      (c)   "Biennium" means the period starting with the insurance agent'sbiennial due date in 2001 and each two-year period thereafter for any insuranceagent who was born in an odd-numbered year. For any insurance agent whowas born in an even-numbered year, the term shall mean the period starting withthe insurance agent's biennial due date in 2002 and each two-year periodthereafter. The biennium for a registered business entity shall be the two-yearperiod following such business entity's initial licensure or renewal of suchlicense.

      (d)   "Broker" means anyindividual whoacts or aids in any manner in negotiating contracts of insurance, or inplacing risks or in soliciting or effecting contracts of insurance as anagent for an insured other than suchindividual and not as an agent ofan insurance company or any other type of insurance carrier. The term "broker"shall not include a person working as an officer for an insurance carrier,or in a clerical, administrative or service capacity for an insurance carrier,licensed agent or broker, provided that such person does notsolicit contractsof insurance. The term "broker" shall not include an attorney-at-law inthe performance of such attorney's duties, an insuredwho places or negotiatesthe placement of such insured's own insurance, or anyemployee of an insuredengaged in placing or negotiating for placement of insurance forsuch employee'semployer.

      (e)   "Business entity" means any corporation, association, partnership,limited liability company, limited liability partnership or other legalentity.

      (f)   "C.E.C." means continuing education credit containing at least 50minutes of instruction in each clock hour. The term C.E.C. also includes anyvalue,expressed in a whole number of units, assigned by the commissioner to anapprovedsubject.

      (g)   "Commissioner" means the commissioner of insurance as defined inK.S.A. 40-102 and amendments thereto. The term commissioner shall alsoincludeany authorized representative or designee of the commissioner.

      (h)   "Department" means the insurance department established by K.S.A. 40-102and amendments thereto.

      (i)   "Home state" means the District of Columbia and any state or territoryof the United States in which an insurance agent maintains such agent'sprincipal place of residence or principal place of business and is licensed toact as aninsurance agent.

      (j)   "Inactive agent" means any licensed agent who presents evidencesatisfactory to the commissioner which demonstrates that such agent will notdoany act toward transacting the business of insurance for not less than two butnotmore than four years from the date such evidence is received by thecommissioner.

      (k)   "Insurance agent" and "agent" means any person required tobe licensed under the provisions of chapter 40 of the Kansas StatutesAnnotated,and amendments thereto, to sell, solicit or negotiate insurance. For thepurposes of this act, whenever the terms "agent" or "broker" appear in chapter40 of the Kansas Statutes Annotated, and amendments thereto, each term shallmean insurance agent unless the context requires otherwise.Insurance agent also includes the terms "insurance producer" or "producer".

      (l)   "Insurance" means any of the lines of authority specified in subsection(a) ofK.S.A. 2009 Supp.40-4903 and amendments thereto.

      (m)   "Insurance producer" or "producer" means any person licensed under thelaws of another state to sell, solicit, or negotiate insurance. For thepurposes of this act, the terms "insurance agent" and "agent" shall include aninsurance producer or producer when the context so requires. In the context ofa producer database maintained by this state, another state or the NAIC, theterm producer shall include agent.

      (n)   "Insurer" and "insurance company" shall have the meaning ascribedto the term insurance company by K.S.A. 40-222c and amendments thereto.

      (o)   "License" means a document issued by this state's insurancecommissioner authorizing a person to act as an insurance agent for the linesofauthority specified in such document.

      (p)   "Limited line credit insurance" includes credit life, credit disability,credit property, credit unemployment, involuntary unemployment, mortgage life,mortgage guaranty, mortgage disability, automobile dealer gap insurance andany other form of insurance offered in connection with an extension of creditthat islimited to partially or wholly extinguishing that credit obligation that theinsurancecommissioner determines should be designated a form of limited line creditinsurance.

      (q)   "Limited line credit insurance agent" means a person who sells,solicits or negotiates one or more forms of limited line credit insurancecoverage toindividuals through a master, corporate, group or individual policy.

      (r)   "NAIC" means the national association of insurance commissioners.

      (s)   "Negotiate" means the act of conferring directly with or offeringadvice directly to any purchaser or prospective purchaser of a particularcontract ofinsurance concerning any of the substantive benefits, terms or conditions ofsuchcontract, provided that the person engaged in such act either sells insuranceorobtains insurance from insurers for purchasers.

      (t)   "Person" means an individual or a business entity.

      (u)   "Sell" means to exchange a contract of insurance by any means, formoney or its equivalent, on behalf of an insurance company.

      (v)   "Solicit" shall include any attempt to sell insurance or asking or urginga person to apply for any particular kind of insurance from any particularinsurance company.

      History:   L. 2001, ch. 91, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article49 > Statutes_18308

40-4902

Chapter 40.--INSURANCE
Article 49.--UNIFORM INSURANCE AGENTS LICENSING ACT

      40-4902.   Same; definitions.As used in this act: (a) "Approved subject" or "approvedcourse" meansany educational presentation involving insurance fundamentals, insurance law,insurance policies and coverage, insurance needs, insurance risk management,insurance agency management or other areas, which is offered in a class,seminar,computer based training, interactive internet training or other similar form ofinstruction, and which has been approved by the commissioner under this act asexpanding skills and knowledge obtained prior to initial licensure under thisact ordeveloping new and relevant skills and knowledge in preparation for suchlicensure.

      (b)   "Biennial due date" means the date of birth of any licensed insuranceagent who is required to complete C.E.C.'s and report the completion of suchC.E.C.'s to the commissioner pursuant to this act, except that such due dateshallnot be earlier than two years from the date of the insurance agent's initiallicensure under this act. The biennial due date for a registered businessentity shallbe the date of initial licensure under this act.

      (c)   "Biennium" means the period starting with the insurance agent'sbiennial due date in 2001 and each two-year period thereafter for any insuranceagent who was born in an odd-numbered year. For any insurance agent whowas born in an even-numbered year, the term shall mean the period starting withthe insurance agent's biennial due date in 2002 and each two-year periodthereafter. The biennium for a registered business entity shall be the two-yearperiod following such business entity's initial licensure or renewal of suchlicense.

      (d)   "Broker" means anyindividual whoacts or aids in any manner in negotiating contracts of insurance, or inplacing risks or in soliciting or effecting contracts of insurance as anagent for an insured other than suchindividual and not as an agent ofan insurance company or any other type of insurance carrier. The term "broker"shall not include a person working as an officer for an insurance carrier,or in a clerical, administrative or service capacity for an insurance carrier,licensed agent or broker, provided that such person does notsolicit contractsof insurance. The term "broker" shall not include an attorney-at-law inthe performance of such attorney's duties, an insuredwho places or negotiatesthe placement of such insured's own insurance, or anyemployee of an insuredengaged in placing or negotiating for placement of insurance forsuch employee'semployer.

      (e)   "Business entity" means any corporation, association, partnership,limited liability company, limited liability partnership or other legalentity.

      (f)   "C.E.C." means continuing education credit containing at least 50minutes of instruction in each clock hour. The term C.E.C. also includes anyvalue,expressed in a whole number of units, assigned by the commissioner to anapprovedsubject.

      (g)   "Commissioner" means the commissioner of insurance as defined inK.S.A. 40-102 and amendments thereto. The term commissioner shall alsoincludeany authorized representative or designee of the commissioner.

      (h)   "Department" means the insurance department established by K.S.A. 40-102and amendments thereto.

      (i)   "Home state" means the District of Columbia and any state or territoryof the United States in which an insurance agent maintains such agent'sprincipal place of residence or principal place of business and is licensed toact as aninsurance agent.

      (j)   "Inactive agent" means any licensed agent who presents evidencesatisfactory to the commissioner which demonstrates that such agent will notdoany act toward transacting the business of insurance for not less than two butnotmore than four years from the date such evidence is received by thecommissioner.

      (k)   "Insurance agent" and "agent" means any person required tobe licensed under the provisions of chapter 40 of the Kansas StatutesAnnotated,and amendments thereto, to sell, solicit or negotiate insurance. For thepurposes of this act, whenever the terms "agent" or "broker" appear in chapter40 of the Kansas Statutes Annotated, and amendments thereto, each term shallmean insurance agent unless the context requires otherwise.Insurance agent also includes the terms "insurance producer" or "producer".

      (l)   "Insurance" means any of the lines of authority specified in subsection(a) ofK.S.A. 2009 Supp.40-4903 and amendments thereto.

      (m)   "Insurance producer" or "producer" means any person licensed under thelaws of another state to sell, solicit, or negotiate insurance. For thepurposes of this act, the terms "insurance agent" and "agent" shall include aninsurance producer or producer when the context so requires. In the context ofa producer database maintained by this state, another state or the NAIC, theterm producer shall include agent.

      (n)   "Insurer" and "insurance company" shall have the meaning ascribedto the term insurance company by K.S.A. 40-222c and amendments thereto.

      (o)   "License" means a document issued by this state's insurancecommissioner authorizing a person to act as an insurance agent for the linesofauthority specified in such document.

      (p)   "Limited line credit insurance" includes credit life, credit disability,credit property, credit unemployment, involuntary unemployment, mortgage life,mortgage guaranty, mortgage disability, automobile dealer gap insurance andany other form of insurance offered in connection with an extension of creditthat islimited to partially or wholly extinguishing that credit obligation that theinsurancecommissioner determines should be designated a form of limited line creditinsurance.

      (q)   "Limited line credit insurance agent" means a person who sells,solicits or negotiates one or more forms of limited line credit insurancecoverage toindividuals through a master, corporate, group or individual policy.

      (r)   "NAIC" means the national association of insurance commissioners.

      (s)   "Negotiate" means the act of conferring directly with or offeringadvice directly to any purchaser or prospective purchaser of a particularcontract ofinsurance concerning any of the substantive benefits, terms or conditions ofsuchcontract, provided that the person engaged in such act either sells insuranceorobtains insurance from insurers for purchasers.

      (t)   "Person" means an individual or a business entity.

      (u)   "Sell" means to exchange a contract of insurance by any means, formoney or its equivalent, on behalf of an insurance company.

      (v)   "Solicit" shall include any attempt to sell insurance or asking or urginga person to apply for any particular kind of insurance from any particularinsurance company.

      History:   L. 2001, ch. 91, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article49 > Statutes_18308

40-4902

Chapter 40.--INSURANCE
Article 49.--UNIFORM INSURANCE AGENTS LICENSING ACT

      40-4902.   Same; definitions.As used in this act: (a) "Approved subject" or "approvedcourse" meansany educational presentation involving insurance fundamentals, insurance law,insurance policies and coverage, insurance needs, insurance risk management,insurance agency management or other areas, which is offered in a class,seminar,computer based training, interactive internet training or other similar form ofinstruction, and which has been approved by the commissioner under this act asexpanding skills and knowledge obtained prior to initial licensure under thisact ordeveloping new and relevant skills and knowledge in preparation for suchlicensure.

      (b)   "Biennial due date" means the date of birth of any licensed insuranceagent who is required to complete C.E.C.'s and report the completion of suchC.E.C.'s to the commissioner pursuant to this act, except that such due dateshallnot be earlier than two years from the date of the insurance agent's initiallicensure under this act. The biennial due date for a registered businessentity shallbe the date of initial licensure under this act.

      (c)   "Biennium" means the period starting with the insurance agent'sbiennial due date in 2001 and each two-year period thereafter for any insuranceagent who was born in an odd-numbered year. For any insurance agent whowas born in an even-numbered year, the term shall mean the period starting withthe insurance agent's biennial due date in 2002 and each two-year periodthereafter. The biennium for a registered business entity shall be the two-yearperiod following such business entity's initial licensure or renewal of suchlicense.

      (d)   "Broker" means anyindividual whoacts or aids in any manner in negotiating contracts of insurance, or inplacing risks or in soliciting or effecting contracts of insurance as anagent for an insured other than suchindividual and not as an agent ofan insurance company or any other type of insurance carrier. The term "broker"shall not include a person working as an officer for an insurance carrier,or in a clerical, administrative or service capacity for an insurance carrier,licensed agent or broker, provided that such person does notsolicit contractsof insurance. The term "broker" shall not include an attorney-at-law inthe performance of such attorney's duties, an insuredwho places or negotiatesthe placement of such insured's own insurance, or anyemployee of an insuredengaged in placing or negotiating for placement of insurance forsuch employee'semployer.

      (e)   "Business entity" means any corporation, association, partnership,limited liability company, limited liability partnership or other legalentity.

      (f)   "C.E.C." means continuing education credit containing at least 50minutes of instruction in each clock hour. The term C.E.C. also includes anyvalue,expressed in a whole number of units, assigned by the commissioner to anapprovedsubject.

      (g)   "Commissioner" means the commissioner of insurance as defined inK.S.A. 40-102 and amendments thereto. The term commissioner shall alsoincludeany authorized representative or designee of the commissioner.

      (h)   "Department" means the insurance department established by K.S.A. 40-102and amendments thereto.

      (i)   "Home state" means the District of Columbia and any state or territoryof the United States in which an insurance agent maintains such agent'sprincipal place of residence or principal place of business and is licensed toact as aninsurance agent.

      (j)   "Inactive agent" means any licensed agent who presents evidencesatisfactory to the commissioner which demonstrates that such agent will notdoany act toward transacting the business of insurance for not less than two butnotmore than four years from the date such evidence is received by thecommissioner.

      (k)   "Insurance agent" and "agent" means any person required tobe licensed under the provisions of chapter 40 of the Kansas StatutesAnnotated,and amendments thereto, to sell, solicit or negotiate insurance. For thepurposes of this act, whenever the terms "agent" or "broker" appear in chapter40 of the Kansas Statutes Annotated, and amendments thereto, each term shallmean insurance agent unless the context requires otherwise.Insurance agent also includes the terms "insurance producer" or "producer".

      (l)   "Insurance" means any of the lines of authority specified in subsection(a) ofK.S.A. 2009 Supp.40-4903 and amendments thereto.

      (m)   "Insurance producer" or "producer" means any person licensed under thelaws of another state to sell, solicit, or negotiate insurance. For thepurposes of this act, the terms "insurance agent" and "agent" shall include aninsurance producer or producer when the context so requires. In the context ofa producer database maintained by this state, another state or the NAIC, theterm producer shall include agent.

      (n)   "Insurer" and "insurance company" shall have the meaning ascribedto the term insurance company by K.S.A. 40-222c and amendments thereto.

      (o)   "License" means a document issued by this state's insurancecommissioner authorizing a person to act as an insurance agent for the linesofauthority specified in such document.

      (p)   "Limited line credit insurance" includes credit life, credit disability,credit property, credit unemployment, involuntary unemployment, mortgage life,mortgage guaranty, mortgage disability, automobile dealer gap insurance andany other form of insurance offered in connection with an extension of creditthat islimited to partially or wholly extinguishing that credit obligation that theinsurancecommissioner determines should be designated a form of limited line creditinsurance.

      (q)   "Limited line credit insurance agent" means a person who sells,solicits or negotiates one or more forms of limited line credit insurancecoverage toindividuals through a master, corporate, group or individual policy.

      (r)   "NAIC" means the national association of insurance commissioners.

      (s)   "Negotiate" means the act of conferring directly with or offeringadvice directly to any purchaser or prospective purchaser of a particularcontract ofinsurance concerning any of the substantive benefits, terms or conditions ofsuchcontract, provided that the person engaged in such act either sells insuranceorobtains insurance from insurers for purchasers.

      (t)   "Person" means an individual or a business entity.

      (u)   "Sell" means to exchange a contract of insurance by any means, formoney or its equivalent, on behalf of an insurance company.

      (v)   "Solicit" shall include any attempt to sell insurance or asking or urginga person to apply for any particular kind of insurance from any particularinsurance company.

      History:   L. 2001, ch. 91, § 2; July 1.