40-4913.Same; termination of agent; notification ofcommissioner; records; maintenance of and availability to commissioner; sharingof records; conditions.(a) (1) Each insurer shall notify the commissionerwheneversuch insurerterminates a business relationship with an insurance agent if:
(A) The termination is for cause;
(B) such insurance agent has committed any act which would be inviolation ofany provision of subsection (a) ofK.S.A. 2009 Supp.40-4909, and amendmentsthereto; or
(C) such insurer has knowledge that such insurance agent is engaged inany activitywhich would be in violation of any provision of subsection (a) ofK.S.A. 2009 Supp.40-4909,and amendments thereto.
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship; and
(C) contain:
(i) The name of the insurance agent; and
(ii) the reason for the termination of the business relationship with suchinsurer.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(b) (1) Each insurer shall notify the commissioner whenever such insurerterminates abusiness relationship with an insurance agent for any reason not listed insubsection(a).
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(c) For the purposes of this section, the term "business relationship" shallinclude anyappointment, employment, contract or other relationship under which suchinsuranceagent represents the insurer.
(d) (1) No insurance entity, or any agent or employee thereof acting onbehalf of suchinsurance entity, regulatory official, law enforcement official or theinsurance regulatoryofficial of another state who provides information to the commissioner in goodfaithpursuant to this section shall be subject to a civil action for damages as aresult ofreporting such information to the commissioner. For the purposes of thissection,insurance entity shall mean any insurer, insurance agent or organization towhich thecommissioner belongs by virtue of the commissioner's office.
(2) Any document, material or other information in the control or possessionof thedepartment that is furnished by an insurance entity or an employee or agentthereof acting onbehalf of such insurance entity, or obtained by the insurance commissioner inan investigationpursuant to this section shall be kept confidential by the commissioner. Suchinformation shallnot be made public or subject to subpoena, other than by the commissioner andthen only for thepurpose of enforcement actions taken by the commissioner pursuant to this actor any otherprovision of the insurance laws of this state.
(3) Neither the commissioner nor any person who received documents, materialsorother information while acting under the authority of the commissioner shall berequired totestify in any private civil action concerning any confidential documents,materials orinformation subject to paragraph (2).
(4) The commissioner may share or exchange any documents, materials or otherinformation, including confidential and privileged documents referred to inparagraph (2)of subsection (d), received in the performance of the commissioner's dutiesunder this act,with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materialsor information shall occur as a result of disclosure to the commissioner underthis section or as a result of sharing as authorized by paragraph (1) ofsubsection (d).
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(e) The provisions of paragraph (2) of subsection (d) shall expire on July 1,2006, unlessthe legislature acts to reenact such provision. The provisions of paragraph (2)ofsubsection (d) shall be reviewed by the legislature prior to July 1, 2006.
(f) For the purposes of this section, insurance entity shall mean anyinsurer, insuranceagent or organization to which the commissioner belongs by virtue of thecommissioner's office.
(g) Any insurance entity, including any authorized representative of suchinsuranceentity, that fails to report to the commissioner as required under theprovisions of thissection or that is found by a court of competent jurisdiction to have failed toreport ingood faith, after notice and hearing, may have its license or certificate ofauthoritysuspended or revoked and may be fined in accordance withK.S.A. 2009 Supp.40-4909 andamendmentsthereto.
40-4913.Same; termination of agent; notification ofcommissioner; records; maintenance of and availability to commissioner; sharingof records; conditions.(a) (1) Each insurer shall notify the commissionerwheneversuch insurerterminates a business relationship with an insurance agent if:
(A) The termination is for cause;
(B) such insurance agent has committed any act which would be inviolation ofany provision of subsection (a) ofK.S.A. 2009 Supp.40-4909, and amendmentsthereto; or
(C) such insurer has knowledge that such insurance agent is engaged inany activitywhich would be in violation of any provision of subsection (a) ofK.S.A. 2009 Supp.40-4909,and amendments thereto.
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship; and
(C) contain:
(i) The name of the insurance agent; and
(ii) the reason for the termination of the business relationship with suchinsurer.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(b) (1) Each insurer shall notify the commissioner whenever such insurerterminates abusiness relationship with an insurance agent for any reason not listed insubsection(a).
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(c) For the purposes of this section, the term "business relationship" shallinclude anyappointment, employment, contract or other relationship under which suchinsuranceagent represents the insurer.
(d) (1) No insurance entity, or any agent or employee thereof acting onbehalf of suchinsurance entity, regulatory official, law enforcement official or theinsurance regulatoryofficial of another state who provides information to the commissioner in goodfaithpursuant to this section shall be subject to a civil action for damages as aresult ofreporting such information to the commissioner. For the purposes of thissection,insurance entity shall mean any insurer, insurance agent or organization towhich thecommissioner belongs by virtue of the commissioner's office.
(2) Any document, material or other information in the control or possessionof thedepartment that is furnished by an insurance entity or an employee or agentthereof acting onbehalf of such insurance entity, or obtained by the insurance commissioner inan investigationpursuant to this section shall be kept confidential by the commissioner. Suchinformation shallnot be made public or subject to subpoena, other than by the commissioner andthen only for thepurpose of enforcement actions taken by the commissioner pursuant to this actor any otherprovision of the insurance laws of this state.
(3) Neither the commissioner nor any person who received documents, materialsorother information while acting under the authority of the commissioner shall berequired totestify in any private civil action concerning any confidential documents,materials orinformation subject to paragraph (2).
(4) The commissioner may share or exchange any documents, materials or otherinformation, including confidential and privileged documents referred to inparagraph (2)of subsection (d), received in the performance of the commissioner's dutiesunder this act,with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materialsor information shall occur as a result of disclosure to the commissioner underthis section or as a result of sharing as authorized by paragraph (1) ofsubsection (d).
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(e) The provisions of paragraph (2) of subsection (d) shall expire on July 1,2006, unlessthe legislature acts to reenact such provision. The provisions of paragraph (2)ofsubsection (d) shall be reviewed by the legislature prior to July 1, 2006.
(f) For the purposes of this section, insurance entity shall mean anyinsurer, insuranceagent or organization to which the commissioner belongs by virtue of thecommissioner's office.
(g) Any insurance entity, including any authorized representative of suchinsuranceentity, that fails to report to the commissioner as required under theprovisions of thissection or that is found by a court of competent jurisdiction to have failed toreport ingood faith, after notice and hearing, may have its license or certificate ofauthoritysuspended or revoked and may be fined in accordance withK.S.A. 2009 Supp.40-4909 andamendmentsthereto.
40-4913.Same; termination of agent; notification ofcommissioner; records; maintenance of and availability to commissioner; sharingof records; conditions.(a) (1) Each insurer shall notify the commissionerwheneversuch insurerterminates a business relationship with an insurance agent if:
(A) The termination is for cause;
(B) such insurance agent has committed any act which would be inviolation ofany provision of subsection (a) ofK.S.A. 2009 Supp.40-4909, and amendmentsthereto; or
(C) such insurer has knowledge that such insurance agent is engaged inany activitywhich would be in violation of any provision of subsection (a) ofK.S.A. 2009 Supp.40-4909,and amendments thereto.
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship; and
(C) contain:
(i) The name of the insurance agent; and
(ii) the reason for the termination of the business relationship with suchinsurer.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(b) (1) Each insurer shall notify the commissioner whenever such insurerterminates abusiness relationship with an insurance agent for any reason not listed insubsection(a).
(2) The notification shall:
(A) Be made in a format prescribed by the commissioner;
(B) be submitted to the commissioner within 30 days of the date of thetermination of the business relationship.
(3) Upon receipt of a written request from the commissioner, each insurershall provide tothe commissioner any additional data, documents, records or otherinformationconcerning the termination of the insurer's business relationship with suchagent.
(4) Whenever an insurer discovers or obtains additional information whichwould havebeen reportable under paragraph (1) of this subsection, the insurer shallforward suchadditional information to the commissioner within 30 days of its discovery.
(c) For the purposes of this section, the term "business relationship" shallinclude anyappointment, employment, contract or other relationship under which suchinsuranceagent represents the insurer.
(d) (1) No insurance entity, or any agent or employee thereof acting onbehalf of suchinsurance entity, regulatory official, law enforcement official or theinsurance regulatoryofficial of another state who provides information to the commissioner in goodfaithpursuant to this section shall be subject to a civil action for damages as aresult ofreporting such information to the commissioner. For the purposes of thissection,insurance entity shall mean any insurer, insurance agent or organization towhich thecommissioner belongs by virtue of the commissioner's office.
(2) Any document, material or other information in the control or possessionof thedepartment that is furnished by an insurance entity or an employee or agentthereof acting onbehalf of such insurance entity, or obtained by the insurance commissioner inan investigationpursuant to this section shall be kept confidential by the commissioner. Suchinformation shallnot be made public or subject to subpoena, other than by the commissioner andthen only for thepurpose of enforcement actions taken by the commissioner pursuant to this actor any otherprovision of the insurance laws of this state.
(3) Neither the commissioner nor any person who received documents, materialsorother information while acting under the authority of the commissioner shall berequired totestify in any private civil action concerning any confidential documents,materials orinformation subject to paragraph (2).
(4) The commissioner may share or exchange any documents, materials or otherinformation, including confidential and privileged documents referred to inparagraph (2)of subsection (d), received in the performance of the commissioner's dutiesunder this act,with:
(A) The NAIC;
(B) other state, federal or international regulatory agencies; and
(C) other state, federal or international law enforcement authorities.
(5) (A) The sharing or exchanging of documents, materials or otherinformation under thissubsection shall be conditioned upon the recipient's authority and agreement tomaintain theconfidential and privileged status, if any, of the documents, materials orother information beingshared or exchanged.
(B) No waiver of an existing privilege or claim of confidentiality in thedocuments, materialsor information shall occur as a result of disclosure to the commissioner underthis section or as a result of sharing as authorized by paragraph (1) ofsubsection (d).
(6) The commissioner of insurance is hereby authorized to adopt such rulesand regulationsestablishing protocols governing the exchange of information as may benecessary to implementand carry out the provisions of this act.
(e) The provisions of paragraph (2) of subsection (d) shall expire on July 1,2006, unlessthe legislature acts to reenact such provision. The provisions of paragraph (2)ofsubsection (d) shall be reviewed by the legislature prior to July 1, 2006.
(f) For the purposes of this section, insurance entity shall mean anyinsurer, insuranceagent or organization to which the commissioner belongs by virtue of thecommissioner's office.
(g) Any insurance entity, including any authorized representative of suchinsuranceentity, that fails to report to the commissioner as required under theprovisions of thissection or that is found by a court of competent jurisdiction to have failed toreport ingood faith, after notice and hearing, may have its license or certificate ofauthoritysuspended or revoked and may be fined in accordance withK.S.A. 2009 Supp.40-4909 andamendmentsthereto.
