Impaired or Insolvent Insurers | Midpage

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Kansas Statutes

Article 36

Impaired or Insolvent Insurers

40-3602Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application 40-3605Citation of act 40-3606Application of act 40-3607Definitions 40-3608Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county 40-3609Same; relief granted by court upon application of receiver; limitation 40-3610Same; persons required to cooperate with commissioner; definitions; civil and criminal penalties and supervision or revocation of licenses for failure to cooperate or obstruction or interference with commissioner 40-3611Same; proceeding commenced prior to effective date of act 40-3612Same; restrictions upon insurers subject to delinquency proceedings 40-3613Same; supervision of insurer by commissioner, grounds for, determination and order of commissioner; appointment of supervisor; conditions imposed upon insurer; service of notice of hearings and orders; civil penalties for violation of supervision order; enforcement of orders by court; personal liability of persons violating orders resulting in loss 40-3614Same; seizure of insurer; petition of commissioner; order of court; vacation of order; petition for hearing and review of order; failure to give notice to affected person 40-3615Confidentiality of records and documents in proceedings under K.S.A. 40-3613 and 40-3614; exceptions 40-3616Rehabilitation of insurer; application by commissioner for order of court; grounds 40-3617Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order 40-3618Same; appointment of special deputy, counsel, clerks and assistants; payment of costs and expenses; advisory committee; authority and responsibility of rehabilitator; illegal or improper conduct detrimental to insurer, remedies; plans for reorganization or other transformation of insurer; preparation of plan; approval or disapproval by court; implementation 40-3619Same; litigation pending at time of entry of rehabilitation order, stay of action or proceeding; duties of court and rehabilitator; statutes of limitation and defenses of laches; rights of guaranty associations; rights of federal home loan banks 40-3620Same; petition for liquidation of insurer, when; defense against petition, payment of costs and expenses; termination of rehabilitation, petition and order; payment of costs and expenses 40-3621Liquidation of insurer; petition by commissioner; grounds 40-3622Same; contents of order; authority and responsibility of liquidator; effect of filing or recording of order; rights and liabilities of parties; insolvency of insurer, findings, petition and declaration by court; accounting by liquidator; appeal from order; appeal pendency plan; order set aside on appeal 40-3623Same; continuation of insurance policies in effect at time of order of liquidation 40-3624Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court 40-3625Same; authority and responsibility of liquidator; limitation 40-3626Same; notice of liquidation order; persons and associations to whom required; publication of notice; notice to specify date before which claims must be filed; change of address of claimants; distribution of assets conclusive if notice given in accordance with section 40-3627Same; no actions brought, maintained or further presented against insurer or liquidator after order appointing liquidator; full faith and credit given to orders of other states; intervention in action pending in another state; actions or proceedings on behalf of estate of insurer on or after liquidation; statute of limitations does not run on actions between filing and denial of petition; standing of guaranty association 40-3628Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list 40-3629Transfers of property and obligations incurred within one year prior to filing of petition for rehabilitation or liquidation; fraudulent transfers and obligations incurred; fraudulent transactions of insurers with reinsurers; liability of person receiving property fraudulently transferred; limitation 40-3630Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred; limitation 40-3631Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county; limitation on avoidance of preference 40-3632Claims of creditors; allowance; avoidance; filing 40-3633Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable 40-3634Payment of reinsurance upon insolvency of ceding insurer 40-3635Insurer determined insolvent; proposal to disburse assets; application by liquidator 40-3636Claims; proof of claims, form and filing; late filings 40-3637Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations 40-3638Same; claims which may be allowed; limitations 40-3639Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file 40-3640Same; value of security held by secured creditor 40-3641Claims; priority of distribution; classes established 40-3642Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy 40-3643Unclaimed fund; deposit in accordance with unclaimed property act 40-3644Discharge of liquidator; orders of court 40-3645Liquidation proceedings; reopening after termination; order of court 40-3646Same; disposition of records; direction by court 40-3647Receiverships; audits; filing and payment of costs 40-3648Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation 40-3649Same; liquidation of assets; order of court; grounds; notice; liquidator appointed in another state; petition to federal district court; payment of claims to residents 40-3650Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims 40-3651Same; appointment of ancillary receiver; order of court; authority of ancillary receiver 40-3652Same; supervision or seizure proceedings, authority of commissioner 40-3653Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims 40-3654Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims 40-3655Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings 40-3656Same; proceeding in this state involving reciprocal states; order of distribution; equal priority of payment of claims from general assets; special deposit claims; secured claims 40-3657Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions 40-3658Severability of act 40-3659Qualified financial contracts; procedures; duties of receiver