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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - KANSAS

Kansas State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 2560

59

Workers' compensation - state oversight

Relates to the workers compensation fund; concerns the duties of the commissioner of insurance; abolishes the workers compensation fund oversight; provides for recommendations on the advisability of continuation or termination of the workers' compensation fund, an analysis of the disabilities act and recommendations to reduce claim and operational costs of the fund; provides that such information is not subject to discovery, subpoena or other means of legal compulsion in any civil proceedings. Effective: July 12, 2006.

HB 2671

117

Workers' compensation - benefits, claims or treatments

Concerns workers' compensation; relates to closure of claims, deductibles and repeals of existing sections; relates to administrative law judges and hearings; provides for an occurrence deductible regardless of the number of workers injured in that accident. Effective: July 12, 2006.

HB 2692

122

Guaranty Fund

Concerns insurance; pertains to risk-based capital requirements, the state insurance guaranty association act and group life insurance; repeals existing sections; relates to an insolvent insurer, alien insurers, net direct written premiums, policies issued to a creditor to insure debtors of the creditor, policies issued to a labor union. Effective: July 12, 2006.

HB 2596

109

Workers' compensation - fund management

Concerns workers compensation; provides for administrative law judges. Effective: July 12, 2006.

SB 103

116

Military personnel insurance related legislation

Relates to insurance; relates to certain policies issued to Kansas residents deployed in military service; provides that such policies shall not be subject to cancellation, non-renewal, premium increase or adverse tier placement for the term of their deployment based solely on such deployment. Effective: June 6, 2006.

SB 119

116

Motor vehicle insurance - miscellaneous

Relates to the division of vehicles; concerns records subject to the open records act; requires only certain insurance information to be released by an insurer in conducting antifraud activities; regulates assistance to businesses producing motor vehicle title or motor vehicle registration statistical reports; relates to processing applications for, renewal or cancellation of motor vehicle insurance policies. Effective: June 6, 2006.

SB 175

87

Corporate governance -- investments

Relates to securities held by insurance companies; provides for the total investment in medium and lower grade securities; provides for powers of the board of directors. Effective: June 6, 2006.

SB 176

163

Producer licensure - miscellaneous

Concerns insurance; relates to new terminology for insurance brokers; limits the insurance value of improvements to real property to the replacement cost, notice when a block of business is closed, HIPAA compliance, captive insurers and block insurance purchasing rights. Effective: June 6, 2006.

SB 196

149

Identity theft - security breach

Relates to protection of personal information, security breaches, protection of applications for commercial driver's licenses, expungement of arrest records for arrest because of identity theft, disclosures for employment, computer systems, networks or any software or date owned by a defendant, the Fair Credit Reporting Act, security freezes for victims of identity theft, credit scores and consumer reports; provides for restitution and costs of reinstatement; authorizes a court fee; makes a repeal. Effective: July 12, 2006.

SB 207

128

Fraud

Concerns insurance; relates to fraud prevention; requires an insurer to report such fraud; provides for forms; requires antifraud plans and initiatives; includes fraud investigators; provides that such antifraud plan is confidential and shall not be a public record. Effective: July 12, 2006.

SB 405

75

Corporate governance - company rules

Concerns certain foreign insurance companies doing business in this state; pertains to the Commissioner's waiver of certain requirements except those relating to assets, capital and surplus; makes a repeal; relates to prescription drug plan sponsors. Effective: July 12, 2006.

SB 442

124

Tort reform - miscellaneous

Concerns insurance; allows lienholders and mortgagees to be shown on an application for insurance; eliminates requirements for multiple sureties; pertains to continuation of certain group health insurance; relates to motor vehicle insurance lienholders and mortgagees listed on an application for insurance on real property; provides for an action against owners of property in relation to a common nuisance contrary to the liquor laws; authorizes entry, search and seizure; includes vehicles and airplanes. Effective: July 12, 2006.

SB 512

196

Tort reform - asbestos and silica reforms

Enacts the Silica and Asbestos Claims Act; provides the procedures for the filing and performance of a civil claim of action for conditions related to silicosis and asbestosis. Effective: July 12, 2006.

SB 515

39

Workers' compensation - self-insurance

Concerns workers compensation; relates to a group-funded workers compensation pool, surplus funds and adequate surplus funds; provides for adequate surplus funds in lieu of required aggregate excess insurance; allows an independent actuarial review of claims reserves; provides for an annual tax upon gross premiums based upon manual rates at the date of renewal; makes a repeal. Effective: July 12, 2006.

SB 539

130

Rate regulation

Concerns casualty insurance companies; relates to requirements regarding filing rates, forms and premiums; provides for disapproval of a contract because the rates are determined to be inadequate, excessive or unfairly discriminatory; includes personal lines and workers compensation; provides filing requirement exemptions for contracts pertaining to large risks. Effective: July 12, 2006.

SCR 1619

225

Motor vehicle insurance - enforcement issues

Requests creation of a task force to study the design and implementation of an electronic motor vehicle financial security verification system for real time verification of compliance with the financial requirements of the automobile injury reparations act. Effective: July 12, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.