LINE OF BUSINESS:
Inland Marine
LINE(S) OF INSURANCE
Other Commercial Inland Marine
Personal Inland Marine
Code:
CODES
9.0005
9.0006
9.0000
IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN:
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
GENERAL REQUIREMENTS
FOR ALL FILINGS
COPIES, RETURN ENVELOPES ETC.
COVER LETTER AND EXPLANATORY
MEMORANDUM
Bulletin 1979-11 and
Bulletin 1979-20
K.S.A. 40-216
K.A.R. 40-3-32
K.A.R. 40-1-15
FILING SUBMISSION
K.A.R. 40-1-16
K.A.R. 40-1-17
K.A.R. 40-1-19
EFFECTIVE DATE WORDING
K.S.A 40-216
K.S.A 40-955
These bulletins provide material for making reference filings.
Requires that all contracts of insurance or indemnity be filed with
Commissioner of Insurance.
Exceptions listed in K.A.R. 40-3-32.
This regulation provides that a policy form shall not contain the
name of an insurance company that is “unauthorized” to transact
business in Kansas. May use an endorsement to “delete” an
unauthorized company. We have interpreted “unauthorized” to
mean not licensed or does not have program in question filed.
Addresses advertising.
Addresses return of unearned premium.
Addresses combination policies.
Inland Marine filings shall be on file for a waiting period of
30 days. During this time the filings are subject to a review.
1
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
FREE CONTRACT PROHIBITED
LIMITATIONS/RESTRICTIONS ON
TRANSACTING BUSINESS
NAIC #
LINE OF AUTHORITY
NO FILE OR FILING EXEMPTIONS
SIDE BY SIDE COMPARISON
GENERAL REQUIREMENTS
FOR ALL FILINGS
WATERCRAFT LONGER THAN 26 FEET
THIRD PARTY FILERS AUTHORITY
TRANSACTING OTHER BUSINESS
FORMSPOLICY
PROVISIONS
ACCESS TO COURTS
K.S.A. 40-2404(1a)
This statute provision prohibits policy provisions that
misrepresent the benefits, advantages, conditions or terms of
any insurance policy.
K.A.R. 40-3-23
K.A.R. 40-3-25
Requires that binder forms be filed.
Declination statement must appear on the application if written as
non-standard business.
Bulletin No. 2004-1
Establishes standards for policy language for
appraisal/arbitration clauses.
AMBIGUOUS & MISLEADING
APPLICATIONS
APPRAISALS
2
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
Bulletin No. 2004-1
Establishes standards for policy language for
appraisal/arbitration clauses.
Bulletin 1998-13
Insurers must comply with the filing requirements of K.A.R. 40-132 and K.A.R. 40-1-39. “Blank”, “Change” or “Manuscript”
endorsements must be submitted for approval pursuant to K.S.A.
40-216 unless exempted by K.A.R.40-3-32.
K.S.A. 40-2,120
K.S.A. 40-2,121
K.A.R. 40-3-15
(Applies to Commercial) Grounds for cancellation requirement.
(Applies to Commercial) Notice not to renew requirement.
(Applies to Personal) Requirements applicable to cancellation
and/or non-renewal provision of policy forms.
K.A.R. 40-3-15
Requirements applicable to cancellation and/or non-renewal
provision of policy forms.
Notice not to renew requirement.
Grounds for cancellation requirement.
Notice not to renew requirement.
ARBITRATION
ASSESSIBLE POLICIES
BANKRUPTCY PROVISIONS
BLANK ENDORSEMENTS
CANCELLATION & NON-RENEWAL
Calculation of Unearned/Return Premium
Conditional Renewal
Minimum Retained Premium
Notice of Cancellation
Notice of Non-renewal
Permissible Reasons for Cancellation
Permissible Reasons for Non-renewal
FORMSPOLICY
PROVISIONS
Required Policy Period
Suspension
K.S.A. 40-2,121
K.S.A. 40-2,120
K.S.A. 40-2,121
CERTIFICATIONS
CONINSURANCE
CONSUMER INFORMATION
Credit Scoring Notice
Privacy notice
VSI Warning
Notification Form
3
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
K.A.R 40-3-22
This regulation states what is considered to be inland marine
coverage.
K.S.A. 40-216
Requires that all contracts of insurance or indemnity be filed with
Commissioner of Insurance.
K.A.R. 40-3-32
Exceptions listed in K.A.R. 40-3-32.
K.A.R. 40-1-15
This regulation provides that a policy form shall not contain the
name of an insurance company that is “unauthorized” to transact
business in Kansas. May use an endorsement to “delete” an
unauthorized company. We have interpreted “unauthorized” to
mean not licensed or does not have program in question filed.
K.A.R. 40-1-16
Addresses advertising.
K.A.R. 40-1-17
Addresses return of unearned premium.
K.A.R. 40-1-19
Addresses combination policies.
General information
If a filing is identical for all companies in a group, it is permissible
for the group to submit one file copy for all companies.
Bulletin 1983-19
This bulletin is to advise of a Kansas Supreme Court case which
significantly affects claim settlements based upon the use of
“actual cash value” in fire and casualty policies written in this
state.
K.A.R. 40-3-5
This regulation requires the filing of declaration pages, unless the
company is a member of a rating organization and the rating
organization has the authority to file on its behalf.
CONTENT OF POLICIES
COUNTERSIGNATURES
DECLARATIONS PAGE
DISCLOSURES
DEFINITIONS
DISCRIMINATION
4
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
DUTY TO DEFEND
EXCLUSIONS & LIMITATIONS
Mold
Terrorism
K.A.R. 40-3-6
This regulation prohibits offering a preferred rate, coverage, or
premium based on any fictitious group.
K.S.A. 40-2,118
This statue defines “fraudulent insurance act” and sets forth
penalties for the insured. This statute provides the only condition
under which an insurance company may void a policy.
K.S.A. 40-905
Value policy law.
Bulletin No. 2004-1
Establishes standards for policy language for
appraisal/arbitration clauses.
Bulletin No. 2004-1
Establishes standards for policy language for
appraisal/arbitration clauses.
FICTITIOUS GROUPS
FORMS MISCELLANEOUS
FORMSPOLICY
PROVISIONS
FRAUD WARNING
GROUP POLICIES
Extra-Territorial Approval Authority
INSURANCE TO VALUE
LIBERALIZATION CLAUSE
LIMITS
LOSS PAYEE
LOSS SETTLEMENTS
Appraisal
Action Against Company
After Market Parts
Arbitration
Deductibles
5
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
Defense Costs
Loss Valuation
NOTICE REQUIREMENTS
Payment of Loss Time Period
Bulletin No. 2004-1
Establishes standards for policy language for
appraisal/arbitration clauses.
K.S.A 40-966
Rebates are prohibited under this statute.
K.A.R. 40-1-20
K.S.A. 60-511
Subrogation clause prohibited for certain coverage.
Establishes the statute of limitation for bringing suit under an
insurance policy.
Appraisal
MEDICAL PAYMENTS
MINIMUM STANDARDS FOR CONTENT
(POLICIES AND STANDARD FORMS)
ORDINANCE/LAW PROVISIONS
FORMSPOLICY
PROVISIONS
POLICY MUST CONTAIN ENTIRE
CONTRACT
PRIMARY/UNDERLYING COVERAGE
READABILITY
REBATES
STANDARD FIRE POLICY
SUBROGATION
Suit
TIMELINESS
TRAVEL
Baggage
6
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
Trip Cancellation
K.S.A. 40-2,118
This statute provides a definition of a fraudulent insurance act
and the only condition under which an insurance company may
void a policy. As such, we will not approve or allow a fraud
condition that is broader than the definition in this statute.
K.A.R. 40-3-16
Fire and Casualty insurance policies and applications;
“warranties” prohibited.
K.S.A. 40-956
Applies to Personal Inland Marine only: General provisions
relating to Fire Insurance Companies.
K.S.A. 40-954 and
K.A.R. 40-3-26
Applies to Personal Inland Marine only: This statute and
regulation provide the procedure for rates that are modified for
individual risks.
VOIDANCE
WARRANTIES
OTHER
RATE, RULE, RATING PLAN,
CLASSIFICATION, AND TERRITORY
FILING REQUIREMENTS
INDIVIDUAL RISK RATING
ACTUARIAL CERTIFICATIONS FOR
RATES
RATE, RULE, RATING PLAN,
CLASSIFICATION, AND TERRITORY
FILING REQUIREMENTS
ADOPTIONS OF RATE SERVICE
ORGANIZATIONS (RSO) FILINGS
Loss Costs
CONSENT-TO-RATE
CREDIT SCORING AND REPORTS
CREDIBILITY
DEFENSE COSTS
7
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
K.S.A. 40-953 and
K.S.A. 40-954
Applies to Personal Inland Marine only: Discounts must be
supported and justified with premium, loss or expense data and
meet public policy concerns.
K.A.R. 40-3-47
Applies to Personal Inland Marine only: This regulation
establishes the procedures to make and file loss cost filings with
this agency.
K.S.A. 40-2,112
Any unearned premium must be sent to the consumer with the
cancellation notice.
K.S.A. 40-955
Applies to Personal Inland Marine only: This statute requires
that payment plans be on file with this agency.
K.S.A. 40-953
This applies to Personal Inland Marine only: We consider rate
ranges to be unfairly discriminatory, unless there are mutually
exclusive criteria for each factor in the range.
DISCOUNTS
EXPIRATION DATE(S) FOR APPROVED
RATES
GROUP POLICIES
Extra-Territorial Approval Authority
LOSS RATIO STANDARDS
MID TERM CHANGES
LOSS COST MULTIPLIERS
PREMIUM REFUND OR RETENTION
PRICING
Charges
Minimum Premium Rules
Multi-tier
Payment Plans
RATE, RULE, RATING PLAN,
CLASSIFICATION, AND TERRITORY
FILING REQUIREMENTS
Premiums
Service Charges
Surcharges
Other Fees
RATE RANGES
8
LOCATION OF
STANDARD IN
FILING
REVIEW REQUIREMENTS
REFERENCE
DESCRIPTION OF REVIEW
STANDARDS REQUIREMENTS
K.A.R 40-3-24
This regulation lists the types of inland marine coverage which
require rates and rules to be files.
K.S.A. 40-954
This applies to Personal Inland Marine only: The company
must provide expense data to support and justify. This applies to
all rate and loss cost filings.
RATING PLAN REQUIREMENTS
Expense Modification Plan
Experience Rating
Large Deductible
Retrospective Rating
Schedule Rating
Small Deductible
Wrap-up Rating
RATE/LOSS COST SUPPORTING
INFORMATION
Competition
Expenses
Experience
Judgment
Credibility and other factors
Profit Loading
RETURN ON EQUITY/INVESTMENT
INCOME
SUPPORTING DATA
TRENDING
OTHER
9
LOCATION OF
STANDARD IN
FILING