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BEFORE THE COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS - page 7 / 11

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Conclusions of Law

Based upon the Findings of Fact enumerated in Paragraphs #1 through #14 and the Applicable Law cited above,

IT IS, THEREFORE, ORDERED BY THE COMMISSIONER OF INSURANCE:

  • 1.

    The Commissioner of Insurance has jurisdiction over this matter pursuant to

    • K.

      S.A. 40-222.

  • 2.

    The Kansas Insurance Department’s (“KID”) Report of Market Conduct Examination of the Auto Club of Missouri Group (“Auto Club”), as of August 31, 2005, is herein adopted in its entirety.

  • 3.

    Auto Club’s complaint logs in which all non-insurance department complaints are recorded were not set up in the format required by K.S.A. 40-2404(10). This constitutes a violation of K.S.A. 40-2404(10). Pursuant to K.S.A. 40-2,125(a)(1), Auto Club shall pay a monetary penalty of Five Hundred Dollars and No Cents ($500.00), due and payable to the Kansas Insurance Commissioner on or before the 14th day from the date of this Order for the above-stated violation of K.S.A. 40-2404(10).

  • 4.

    Auto Club did not file with KID a deviation for the Personal Injury Protection (PIP) coverage in the Automobile Club Family Insurance Company (“ACFIC”) for certain types of vehicles. 10 out of 13 ACFIC policies received a lower premium than was filed. This constitutes a violation of K.S.A. 40-955(a)(f). Pursuant to K.S.A. 40-2,125(a)(1), Auto Club shall pay a monetary penalty of One Thousand Dollars and No Cents ($1,000.00), due and payable to the Kansas Insurance Commissioner on or before the 14th day from the date of this Order for the above-stated violation of K.S.A. 40-955(a)(f).

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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