Brief(1)
H.B. 2015, as amended, concerns the manner in which service of process is made on insurance companies transacting business in Kansas. The bill changes from restricted mail to certified mail, return receipt requested, the method by which the Commissioner, upon being served a notice of an action against an insurance company, forwards that notice to the company. Additionally, the bill modernizes the language of the existing law.
House Committee amendments were technical in that they reinstate language mistakenly stricken concerning the 40-day time period in which the defendant company has to respond to the summons, and language that the notice of the action against the company be sent by the Insurance Commissioner to the secretary of the company.
The Senate Committee raised the fee from $25 to $30 which must accompany a summons sent to the Insurance Commissioner.
Background
Representative O'Neal, sponsor of H.B. 2015, commented that the measure was an attempt to conform current insurance law with the law relating to service of process on foreign corporations (K.S.A. 60-304 (f)). The representative of the Insurance Commissioner supported the bill as amended. The technical amendments were supported by the representative of American Family Insurance Group.
The fiscal note on the bill, $2,515, would be significantly reduced by the change from restricted mail at $5.25 per mailing to certified mail, return receipt requested, at about one-half that price.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.