40-214. Conditions under which insurance may be written; certificate of authority; revocation, when; unlawful acts.
40-214
40-214. Conditions under which insurance may be written; certificateof authority; revocation, when; unlawful acts.It shall be unlawful for any person, company, corporation or fraternalbenefit society to transact the business of insurance, indemnity orsuretyship, or do any act toward transacting such business, unless suchperson, company, corporation or fraternal benefit society shall havebeen duly authorized under the laws of this state to transact suchbusiness and shall have received proper written authority from thecommissioner of insurance in conformity with the provisions of the lawsof this state relative to insurance, indemnity and suretyship, andfurther, it shall be unlawful for any insurance company to effectcontracts of insurance in this state on the life or person of residentsof this state or on property located in this state except throughpersons duly licensed and certified in accordance with the insurance laws of thisstate and subject to the provisions of K.S.A. 40-245 and amendmentsthereto. Neither the enrollment ofindividuals under a group policy nor the inclusion of insurance in acredit transaction under an arrangement for its purchase by the creditorin compliance with the applicable provisions of the uniform consumercredit code shall constitute the effecting of a contract of insurance.
It shall be unlawful for any insurance company organized under thelaws of this state to do business in any other state or territory of theUnited States without being first legally admitted and authorized to dobusiness under the laws of such state or territory, and the insurancecommissioner may revoke the license of any insurance company organizedunder the laws of this state and doing business in another state orterritory without being first authorized so to do, and may require saidcompany to pay the taxes upon the business so unlawfully written to thestate or territory in which the business was written as provided by thelaws of said state or territory. A company shall be considered admittedand authorized for the purposes of this section when it has been legallyauthorized to operate in such other state or territory as a nonadmitted insurer.
History: L. 1927, ch. 231, 40-214; L. 1929, ch. 196, § 1; L.1959, ch. 209, § 1; L. 1974, ch. 184, § 2; L. 1979, ch. 133, § 1; July 1.