Printable Format40-201. Insurance company defined. For the purposes of this article the term "insurance company" shall, unless otherwise provided, apply to all corporations, companies, associations, societies, persons or partnerships writing contracts of insurance, indemnity or suretyship upon any type of risk or loss. "Insurance company" does not include fraternal benefit societies as defined in K.S.A. 40-738, and amendments thereto, or hospitals or hospital associations that have been in operation for not less than 10 years.
History: L. 1927, ch. 231, 40-201; L. 1935, ch. 193, § 1; L. 2023, ch. 41, § 1; July 1.
Source or prior law:
L. 1871, ch. 93, § 23; R.S. 1923, 40-121.
Law Review and Bar Journal References:
1963-65 survey of law of contracts, Fred N. Six, 14 K.L.R. 209, 213 (1965).
Attorney General's Opinions:
Bail bonding companies; "pocket bonds." 87-11.
Insurance rate filings submitted to Kansas insurance department are open records even though such rates in bid proposal. 2008-3.
CASE ANNOTATIONS
1. State empowered to bring quo warranto proceedings against insurance company. The State, ex rel., v. Ins. Co., 30 Kan. 585, 588, 2 P. 840.
2. This section applies to fire insurance companies. Latham v. Harrod, 71 Kan. 565, 81 P. 214.
3. Mutual burial associations must comply with the statute. The State v. Burial Association, 73 Kan. 179, 84 P. 757.
4. Title of this act is sufficient to include this section. Harrod v. Latham, 77 Kan. 466, 95 P. 11.
5. Discussed; considerations for insurance annuity contracts held premiums and taxable under K.S.A. 40-252. Equitable Life Assurance Society v. Hobbs, 154 Kan. 1, 10, 114 P.2d 871.
6. Recovery under health and accident policy; attorney fee held properly allowed. Frazier v. Royal Life & Cas. Ass'n, 158 Kan. 533, 534, 148 P.2d 503.
7. Discussed in holding commissioner's duties under K.S.A. 40-703 ministerial and not administrative. Fidelity Life Ass'n v. Hobbs, 161 Kan. 163, 170, 166 P.2d 1001.
8. Cited in holding attorney fee allowed under K.S.A. 40-256 not excessive. Attebery v. M.F.A. Mutual Ins. Co., 191 Kan. 178, 179, 380 P.2d 327.
9. Mentioned; reasonable attorney fees allowed plaintiff in action against surety on bond given pursuant to K.S.A. 68-410. Thompson Transport Co. v. Middle-states Construction Co., 194 Kan. 52, 59, 397 P.2d 368.
10. Business of selling cemetery lots, burial vaults, and markers, held not to constitute "insurance." State, ex rel., v. Anderson, 195 Kan. 649, 662, 664, 665, 408 P.2d 864.
11. Mentioned; title insurance companies liable in tort for damages; disbursement of purchasers' funds. Ford v. Guarantee Abstract & Title Co., 220 Kan. 244, 259, 553 P.2d 254.
12. The term "insurer" as defined in the Kansas unauthorized insurers process act does not include insurance brokers. Stephenson v. Frizzel Intern., Ltd., 812 F. Supp. 1132, 1134 (1992).
13. Arbitration clause in reinsurance agreement unenforceable; statute held enacted for purpose of regulating business of insurance. Mutual Reinsurance Bureau v. Great Plains Mut., 969 F.2d 931, 934 (1992).