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BEFORE THE COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS - page 5 / 11

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denial of renewal of an existing policy of insurance, for any statement made by any of them in any written notice of cancellation or denial of renewal of an existing policy of insurance, for the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith, if such information was provided in good faith and without malice.

  • K.

    S.A. 40-3118 states, in pertinent part:

    • (b)

      Except as otherwise provided in K.S.A. 40-276, 40-276a and 40-277, and amendments thereto, and except for termination of insurance resulting from nonpayment of premium or upon the request for cancellation by the insured, no motor vehicle liability insurance policy, or any renewal thereof, shall be terminated by cancellation or failure to renew by the insurer until at least 30 days after mailing a notice of termination, by certified or registered mail or United States post office certificate of mailing, to the named insured at the latest address filed with the insurer by or on behalf of the insured.

K.S.A. 40-5104 states, in pertinent part:

No insurer authorized to do business in the state of Kansas which uses credit information to underwrite or rate risks, shall:

    • (b)

      Without consideration of any other applicable underwriting factor independent of credit information and not expressly prohibited by subsection (a), refuse to quote, deny, cancel or refuse to renew any policy of personal insurance solely based on the basis of credit information.

  • K.

    S.A. 40-5106 states, in pertinent part:

If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agents shall disclose that it may obtain credit information in connection with such application. The insurer shall further notify such consumer that an internal appeal process exists as provided by paragraph (b) of K.S.A. 2005 Supp. 40-5107 and amendments thereto. The disclosure shall be made either on the insurance application or at the time the insurance application is taken. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if such consumer has previously been provided a disclosure statement.

  • K.

    S.A. 40-5107 states, in pertinent part:

    • (2)

      …explains the reason for such adverse action

      • (b)

        Each reason must be provided in sufficiently clear and specific language so that a

person can identify the basis for the insurer’s decision to take such adverse action.

In the Matter of Auto Club Group of Missouri, Automobile Club Inter-Insurance Exchange & Auto Club Family Insurance Company – Docket No. 3591-MC

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