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BEFORE THE COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS - page 6 / 11

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An insurer shall provide a procedure whereby a consumer may review an adverse action based on credit information. Such procedure shall be consistent with the provisions of K.S.A. 40-2,112 and amendments thereto. The insurer and the insurer’s agent shall be immune from any action arising from information provided to the insured through such process. The insurer shall not be found in violation of rate filings by adjusting an insured’s rate in such a manner.

    • (c)

      The use of generalized terms such as “poor credit history,” “poor credit rating,” or “poor insurance score” shall be deemed not to comply with requirements of this section.

  • K.

    S.A. 40-955 states, in pertinent part:

  • (a)

    Every insurer shall file with the commissioner,…every manual of classifications, rules and rates, every rating plan, policy form and every modification of any of the foregoing which it proposes to use. Every such filing shall indicate the proposed effective date and the character and extent of the coverage contemplated and shall be accompanied by the information upon which the insurer supports the filings. A filing and any supporting information shall be open to public inspection after it is filed with the commissioner. An insurer may satisfy its obligations to make such filings by authorizing the commissioner to accept on its behalf the filings made by a licensed rating organization…

  • (f)

    No insurer shall make or issue a contract or policy except in accordance with filings which have been filed or approved for such insurer as provided in this act.

  • K.

    A.R. 40-3-16 states, in pertinent part:

    • (b)

      Companies writing fire or casualty insurance, or both, shall not require their Kansas insureds or applicants to make a “warranty,” either expressed or implied, of any fact or allegation, either in the application for an insurance policy or in the policy provisions.

  • K.

    A.R. 40-3-31 states, in pertinent part:

    • (b)

      The notice of cancellation or nonrenewal, or accompanying forms, shall include words similar to the following statements:

(1)

Within 10 days after receiving a written request, this company will furnish, the reason for cancellation or nonrenewal in writing. This statement is required only when reasons for cancellation or nonrenewal are not sent with the cancellation or nonrenewal notice.

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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