CHAPTER 133
HOUSE BILL No. 2015
An Act concerning civil procedure; relating to service of
process upon insurance companies
and fraternal benefit societies; amending K.S.A. 40-218 and
repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 40-218 is hereby
amended to read as follows: 40-
218. Every insurance company, or fraternal benefit society, on
applying
for authority to transact business in this state, and as a
condition prece-
dent to obtaining such authority, shall file in the insurance
department
its written consent, irrevocable, that any action or garnishment
proceed-
ing may be commenced against such company or fraternal benefit
society
in the proper court of any county in this state in which the cause
of action
shall arise or in which the plaintiff may reside by the service of
process
on the commissioner of insurance of this state, and stipulating and
agree-
ing that such service shall be taken and held in all courts to be
as valid
and binding as if due service had been made upon the president or
chief
officer of such corporation. Such consent shall be executed by the
pres-
ident and secretary of the company, authenticated by the seal of
the cor-
poration, and shall be accompanied by a duly certified copy of the
order
or resolution of the board of directors, trustees or managers
authorizing
the president and secretary to execute the same. The summons,
accom-
panied by a fee of $25, shall be directed to the commissioner of
insurance,
and shall require the defendant to answer by a certain day, not
less than
40 days from its date.
Such summons, and a certified copy of
the petition shall be forthwith
forwarded by the clerk of the court to the commissioner of
insurance,
who shall immediately forward a copy of the summons and the
certified
copy of the petition, to the secretary of the company or
fraternal benefit
society sued, and a copy of the summons to the general
agent of the
company or fraternal benefit society if any such agent
resides in this state;
and thereupon the
Service on the commissioner of insurance of
any process, notice or de-
mand against an insurance company or fraternal benefit society
shall be
made by delivering to and leaving with the commissioner or the
commis-
sioner's designee, the original of the process and two copies of
the process
and the petition, notice of demand, or the clerk of the court
may send the
original process and two copies of both the process and
petition, notice
or demand directly to the commissioner by certified mail, return
receipt
requested. In the event that any process, notice or demand is
served on
the commissioner, the commissioner shall immediately cause a
copy
thereof to be forwarded by certified mail, return receipt
requested to the
insurance company or fraternal benefit society address to its
general agent
if such agent resides in this state or to the secretary of the
insurance
company or fraternal benefit society sued at its registered or
principal
office in any state in which it is domesticated. The
commissioner of in-
surance shall make return of the summons to the court from whence
it
issued, showing the date of its receipt by him,
the date of forwarding such
copies, and the name and address of each person to whom he
forwarded
a copy was forwarded. Such return shall be under
his the hand and seal
of office, and shall have the same force and effect as a due and
sufficient
return made by the on process directed to a
sheriff on process directed
to him. The said commissioner of
insurance shall keep a suitable record
in which he shall docket be
docketed every action commenced against an
insurance company, the time when commenced, the date and manner
of
service; also the date of the judgment, its amount and costs, and
the date
of payment thereof, which shall be certified from time to time by
the
clerk of the court.
Sec. 2. K.S.A. 40-218 is hereby
repealed.
Sec. 3. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved May 6, 1999.
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