PocketLaw | Kansas Statutes | Impaired Or Insolvent Insurers

Impaired Or Insolvent Insurers

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Section
40-3602

Insolvent insurers; offset of unearned premiums by agent; contract provisions with agent, application.

Section
40-3605

Citation of act.

Section
40-3606

Application of act.

Section
40-3607

Definitions.

Section
40-3608

Delinquency proceedings; commencement and jurisdiction to determine; authority of court; actions to be brought in district court of Shawnee county.

Section
40-3609

Same; relief granted by court upon application of receiver; limitation.

Section
40-3610

Same; 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.

Section
40-3611

Same; proceeding commenced prior to effective date of act.

Section
40-3612

Same; restrictions upon insurers subject to delinquency proceedings.

Section
40-3613

Same; 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.

Section
40-3614

Same; 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.

Section
40-3615

Confidentiality of records and documents in proceedings under 40-3613 and 40-3614; exceptions.

Section
40-3616

Rehabilitation of insurer; application by commissioner for order of court; grounds.

Section
40-3617

Same; order of court, contents; effect of filing or recording order; accounting by rehabilitator; effect of entry of order.

Section
40-3618

Same; 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.

Section
40-3619

Same; 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.

Section
40-3620

Same; 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.

Section
40-3621

Liquidation of insurer; petition by commissioner; grounds.

Section
40-3622

Same; 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.

Section
40-3623

Same; continuation of insurance policies in effect at time of order of liquidation.

Section
40-3624

Same; dissolution of corporate existence of insurer; permitting sale of the corporate existence; order of court.

Section
40-3625

Same; authority and responsibility of liquidator; limitation.

Section
40-3626

Same; 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.

Section
40-3627

Same; 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.

Section
40-3628

Same; list of insurer's assets; time for preparation; amending and supplementing list; filing of list.

Section
40-3629

Transfers 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.

Section
40-3630

Transfer of property after petition for rehabilitation or liquidation filed; validity; judicial sales of property; liability of person receiving property fraudulently transferred; limitation.

Section
40-3631

Transfer of property; preferences; rights of parties; jurisdiction of district court of Shawnee county; limitation on avoidance of preference.

Section
40-3632

Claims of creditors; allowance; avoidance; filing.

Section
40-3633

Mutual debts and mutual credits; setoff; accounting statements; debts currently due and payable.

Section
40-3634

Payment of reinsurance upon insolvency of ceding insurer.

Section
40-3635

Insurer determined insolvent; proposal to disburse assets; application by liquidator.

Section
40-3636

Claims; proof of claims, form and filing; late filings.

Section
40-3637

Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations.

Section
40-3638

Same; claims which may be allowed; limitations.

Section
40-3639

Same; denial of claims; objections to denial; claims secured by the undertaking of another, rights to prove and file.

Section
40-3640

Same; value of security held by secured creditor.

Section
40-3641

Claims; priority of distribution; classes established.

Section
40-3642

Same; report and recommendations of liquidator for allowance of claims; contents of report; action by court; claims under insurance policy.

Section
40-3643

Unclaimed fund; deposit in accordance with unclaimed property act.

Section
40-3644

Discharge of liquidator; orders of court.

Section
40-3645

Liquidation proceedings; reopening after termination; order of court.

Section
40-3646

Same; disposition of records; direction by court.

Section
40-3647

Receiverships; audits; filing and payment of costs.

Section
40-3648

Foreign insurers; conservation of property; grounds; notice; terms and filing of court order; liquidation; termination of conservation.

Section
40-3649

Same; liquidation of assets; order of court; grounds; notice; liquidator appointed in another state; petition to federal district court; payment of claims to residents.

Section
40-3650

Same; authority of domiciliary liquidator; authority of commissioner if insurer not domiciled in reciprocal state; filing of claims.

Section
40-3651

Same; appointment of ancillary receiver; order of court; authority of ancillary receiver.

Section
40-3652

Same; supervision or seizure proceedings, authority of commissioner.

Section
40-3653

Liquidation proceedings; begun in state against insurer domiciled in state; claimants residing outside state; filing, proving and allowance of claims.

Section
40-3654

Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims.

Section
40-3655

Same; no attachment, garnishment or levy of execution during pendency of liquidation proceedings.

Section
40-3656

Same; proceeding in this state involving reciprocal states; order of distribution; equal priority of payment of claims from general assets; special deposit claims; secured claims.

Section
40-3657

Same; ancillary receiver in another state or foreign country failing to transfer assets; priority of claims filed in such ancillary receivership; exceptions.

Section
40-3658

Severability of act.

Section
40-3659

Qualified financial contracts; procedures; duties of receiver.