40-4901. Uniform insurance agents licensing act; citation; applicability. (a) K.S.A. 40-4901 through 40-4918, and amendments thereto, shall constitute and be known as the uniform insurance agents licensing act. (b) Except as provided in K.S.A. 40-4906 and subsection (b) of K.S.A. 40-4914, and amendments thereto, this act shall not apply to any excess and surplus lines […]
40-4902. Same; definitions. As used in this act: (a) “Approved subject” or “approved course” means any educational presentation involving insurance fundamentals, insurance law, insurance policies and coverage, insurance needs, insurance risk management, insurance agency management or other areas, which is offered in a class, seminar, computer based training, interactive internet training or other similar form […]
40-4903. Same; insurance agent license; lines of authority; license requirements; renewal requirements, penalties; fees. (a) Unless denied licensure pursuant to K.S.A. 40-4909, and amendments thereto, any person who meets the requirements of K.S.A. 40-4905, and amendments thereto, shall be issued an insurance agent license. An insurance agent may receive qualifications for a license in one […]
40-4904. Same; license; exemptions. (a) No provision of this act shall be construed to require an insurer to obtain an insurance agent license. For the purposes of this section, the term “insurer” shall not include any officer, director, employee, subsidiary or affiliate of an insurer. (b) The provisions of this act shall not apply to: […]
40-4905. Same; insurance agent license required; application; fingerprinting and criminal history background check; powers of commissioner; hearing. (a) Subject to the provisions of K.S.A. 40-4904, and amendments thereto, it shall be unlawful for any person to sell, solicit or negotiate any insurance within this state unless such person has been issued a license as an […]
40-4906. Same; nonresident agent license; requirements. (a) Unless denied licensure pursuant to K.S.A. 40-4909, and amendments thereto, a nonresident person shall receive a nonresident agent license if: (1) Such person is currently licensed as a resident and in good standing in such person’s home state; (2) such person has submitted the proper request for licensure […]
40-4907. Same; temporary license; when authorized; powers of commissioner. (a) Except as provided in subsection (c), the commissioner may issue a temporary insurance agent license for a period not to exceed 180 days without requiring the applicant to pass a written examination. A temporary insurance agent license may be issued to: (1) The surviving spouse […]
40-4908. Same; waiver of examinations. (a) The commissioner shall waive examinations for an individual who applies for an insurance agent license in this state who was previously licensed for the same lines of authority in another state when the applicant establishes that: (1) (A) The applicant is currently licensed in such other state; or (B) […]
40-4909. Same; suspension, denial of, revocation or refusal to renew license; grounds; hearing; powers of commissioner. (a) The commissioner may deny, suspend, revoke or refuse renewal of any license issued under this act if the commissioner finds that the applicant or license holder has: (1) Provided incorrect, misleading, incomplete or untrue information in the license […]
40-4910. Same; commissions, service fees or brokerage fees prohibited; exceptions. (a) No insurance company or insurance agent shall pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this act and is not so […]
40-4911. Same; agents receipt of compensation. A licensed insurance agent may receive compensation for or on account of negotiating contracts of insurance or placing or soliciting or effecting contracts of insurance. Nothing in this chapter shall abridge or restrict freedom of contract of insurance carriers or agents or brokers with reference to the amount of […]
40-4912. Same; appointment of agents. (a) Any company authorized to transact business in this state may, upon determining that the insurance agent is of good business reputation and, if an individual, has had experience in insurance or will immediately receive a course of instruction in insurance and on the policies and policy forms of such […]
40-4913. Same; termination of agent; notification of commissioner; records; maintenance of and availability to commissioner; sharing; conditions. (a) (1) Each insurer shall notify the commissioner whenever such insurer terminates a business relationship with an insurance agent if: (A) The termination is for cause; (B) such insurance agent has committed any act that would be in […]
40-4914. Same; waiver of conditions for nonresident insurance agent license; conditions. (a) Subject to the provisions of K.S.A. 40-4908, and amendments thereto, the commissioner shall waive any license application requirements for a nonresident insurance agent license if: (1) The applicant has a valid current license issued by such applicant’s home state; and (2) the applicant’s […]
40-4915. Same; insurance agent license; renewal; penalty for nonrenewal. (a) Notwithstanding the provisions of K.S.A. 40-4903 and 40-4906, and amendments thereto, any person who is currently licensed as an insurance agent on the day before the effective date of this act and whose biennial due date occurred during the 24 calendar months immediately preceding the […]
40-4916. Same; rules and regulations. In accordance with the provisions of the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto, the commissioner may adopt, amend and revoke rules and regulations governing the administration and enforcement of this act, including but not limited to: (a) Criteria for approval of continuing education materials […]
40-4917. Same; disposition of moneys. The commissioner shall remit all moneys received by or for the commissioner under the provisions of this act to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and such amount shall be credited […]
40-4918. Same; contracts; acquisition of services. The commissioner may enter into any contracts or purchase any services necessary to implement the provisions of this act. History: L. 2001, ch. 91, § 18; July 1.
