Session of 2000
HOUSE BILL No. 2694
By Committee on Judiciary
1-24
10 AN ACT
concerning actions and garnishment proceedings against insur-
11 ance companies;
service of process; amending K.S.A. 1999 Supp. 40-
12 218 and repealing the
existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 40-218 is hereby amended to read as
16 follows: 40-218. Every insurance company,
or fraternal benefit society,
17 on applying for authority to transact
business in this state, and as a con-
18 dition precedent to obtaining such
authority, shall file in the insurance
19 department its written consent,
irrevocable, that any action or garnish-
20 ment proceeding may be commenced against
such company or fraternal
21 benefit society in the proper court of any
county in this state in which
22 the cause of action shall arise or in which
the plaintiff may reside by the
23 service of process on the commissioner of
insurance of this state, and
24 stipulating and agreeing that such service
shall be taken and held in all
25 courts to be as valid and binding as if due
service had been made upon
26 the president or chief officer of such
corporation. Such consent shall be
27 executed by the president and secretary of
the company, authenticated
28 by the seal of the corporation, and shall
be accompanied by a duly cer-
29 tified copy of the order or resolution of
the board of directors, trustees
30 or managers authorizing the president and
secretary to execute the same.
31 The summons, accompanied by a fee of $25,
shall be directed to the
32 commissioner of insurance, and shall
require the defendant to answer by
33 a certain day, not less than 40 days from
its date.
34 Service on the
commissioner of insurance of any process, notice or
35 demand against an insurance company or
fraternal benefit society shall
36 be made by delivering to and leaving with
the commissioner or the com-
37 missioner's designee, the original of the
process and two copies of the
38 process and the petition, notice
of or demand, or the clerk of the
court
39 may send the original process and
two copies of both the process and
40 petition, notice or demand directly
to the commissioner by certified mail,
41 return receipt requested.
In the event that any process, notice or demand
42 is served on the commissioner, the
commissioner shall immediately cause
43 a copy thereof to be forwarded by certified
mail, return receipt requested
2
1 to the insurance company or fraternal
benefit society address to its gen-
2 eral agent if such agent resides in
this state or to the secretary of the
3 insurance company or fraternal
benefit society sued at its registered or
4 principal office in any state in
which it is domesticated. The commissioner
5 of insurance shall make return of the
summons to the court from whence
6 it issued, showing the date of its
receipt, the date of forwarding such
7 copies, and the name and address of
each person to whom a copy was
8 forwarded. Such return shall be under
the hand and seal of office, and
9 shall have the same force and effect
as a due and sufficient return made
10 on process directed to a sheriff. The
commissioner of insurance shall keep
11 a suitable record in which shall be
docketed every action commenced
12 against an insurance company, the time when
commenced, the date and
13 manner of service; also the date of the
judgment, its amount and costs,
14 and the date of payment thereof, which
shall be certified from time to
15 time by the clerk of the court.
16 Sec. 2. K.S.A. 1999 Supp. 40-218
is hereby repealed.
17 Sec. 3. This act shall
take effect and be in force from and after its
18 publication in the statute book.