Printable Format40-238. Resident general agents of foreign companies. Any insurance company not organized under the laws of this state may appoint one or more general agents or managers in this state, with authority to appoint other agents of said company in this state. A certified copy of such appointment shall be filed with the commissioner of insurance. Agents for any such company in this state may be appointed by the president, vice-president, chief manager or secretary thereof, in writing, with or without the seal of the company.
History: L. 1927, ch. 231, 40-238; June 1.
Source or prior law:
L. 1871, ch. 93, § 19; L. 1907, ch. 228, § 12; R.S. 1923, 40-116, 40-812.
CASE ANNOTATIONS
1. "Insurance agent" distinguished from "general agent"; power of agent to bind company. West v. Metropolitan Life Ins. Co., 144 Kan. 444, 449, 61 P.2d 918.
2. Agent held merely soliciting agent without power to bind company. Stephan v. Mutual Benefit H. & A. Assn., 146 Kan. 307, 311, 69 P.2d 694.
3. Regional manager of insurance company can bind company on temporary contract of insurance upon assuring applicant he is covered by payment of first premium and a binding receipt is issued therefor; oral contract of insurance effected. Service v. Pyramid Life Ins. Co., 201 Kan. 196, 440 P.2d 944.
4. Kansas decisions are consistent in holding that a general agent of an insurance company can modify a contract or waive a condition even through the policy states otherwise. Service v. Pyramid Life Ins. Co., 201 Kan. 196, 206, 207, 440 P.2d 944.