Session of 2000
By Committee on Insurance

10             AN  ACT relating to insurance; concerning rate filings; amending K.S.A.
11             1999 Supp. 40-216 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 40-216 is hereby amended to read as
15       follows: 40-216. (a) No insurance company shall hereafter transact busi-
16       ness in this state until certified copies of its charter and amendments
17       thereto shall have been filed with and approved by the commissioner of
18       insurance. A copy of the bylaws and amendments thereto of insurance
19       companies organized under the laws of this state shall also be filed with
20       and approved by the commissioner of insurance. The commissioner may
21       also require the filing of such other documents and papers as are nec-
22       essary to determine compliance with the laws of this state. No contract
23       of insurance or indemnity shall be issued or delivered in this state until
24       the form of the same has been filed with the commissioner of insurance,
25       nor if the commissioner of insurance gives written notice within 30 days
26       of such filing, to the company proposing to issue such contract, showing
27       wherein the form of such contract does not comply with the requirements
28       of the laws of this state; but the failure of any insurance company to
29       comply with this section shall not constitute a defense to any action
30       brought on its contracts. An insurer may satisfy its obligation to file its
31       contracts of insurance or indemnity either individually or by authorizing
32       the commissioner to accept on its behalf the filings made by a licensed
33       rating organization or another insurer.
34             Under such rules and regulations as the commissioner of insurance
35       shall adopt, the commissioner may, by written order, suspend or modify
36       the requirement of filing forms of contracts of insurance or indemnity,
37       which cannot practicably be filed before they are used. Such orders, rules
38       and regulations shall be made known to insurers and rating organizations
39       affected thereby. The commissioner may make an examination to ascer-
40       tain whether any forms affected by such order meet the standards of this
41       code.
42             (b) Prior to the 2000 legislative session, the Kansas insurance de-
43       partment shall conduct a study and report to the Kansas legislature on


  1       the laws of other states governing rate filings and policy or contract forms
  2       for personal and commercial, including large commercial risks. The study
  3       shall also identify recent trends in regulation and the potential impact on
  4       consumers, carriers and agents.
  5             (c) This section shall not apply to any policy or any contract for large
  6       risks as described in subsections (h), (i), (j) and (k) of K.S.A. 1999 Supp.
  7       40-955 and amendments thereto. 
  8       Sec.  2. K.S.A. 1999 Supp. 40-216 is hereby repealed.
  9        Sec.  3. This act shall take effect and be in force from and after its
10       publication in the statute book.