Legal Orders

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2006 Legal Orders
Dec. 28 Alleghany Insurance Holdings, LLC
Authority: K.S.A. 40-103; 40-3301 et seq.
SUMMARY: Exemption granted. - Requested exemption from acquisition filing and approval requirements as it may be deemed to apply to the reorganization of Homesite Group, Inc. (holding company for Homesite Indemnity Insurance Company).
Jul. 20 AMC Settlement Services, LLC
Authority: K.S.A. 40-952; 40-2,125; 77-537
SUMMARY: Monetary penalty. - Failure to file pursuant to statute.
Dec. 29 American Exchange Life Insurance Company
Authority: K.S.A. 40-103; 40-3301, et seq.
SUMMARY: Exemption granted. - Request for exemption from the filing and approval requirements as they apply to the reorganization of Universal American Financial Corp. (holding company for Pyramid Life Insurance Company).
Jul. 24 American Home Life Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Nov. 7 American Investors Life Insurance Company, Inc. (proposed acquisition by Aviva plc, et al.)
Authority: K.S.A. 40-3304; K.A.R. 40-1-28
SUMMARY: Application for acquisition approved - Proposed acquisition of American Investors Life Insurance Company, Inc. by Aviva plc, Aviva Group Holdings Limited, Aviva Internat'l Insurance Limited, Aviva Insurance Limited, Aviva Internat'l Holdings Limited and Libra Acquisition Corporation.
Feb. 16 Americo Financial Life and Annuity Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Market conduct report adopted; responsible for all expenses incurred by KID. - Market conduct review; unintentional errors involving erroneous index values; payment of expenses KID incurred in hiring outside professional actuary service.
Mar. 22 Arriola, Felipe Santiago
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Failure to timely report other State action to KID.
Dec. 1 Auch, Dallas E.
Authority: K.S.A. 40-4909; 77-501, et seq.
SUMMARY: License revoked; assessed costs. - Final agency action; respondent had 30 days to file court appeal; no judicial review.
Jul. 13 Auto Club Family Insurance Company
Authority: K.S.A. 77-501; 40-2407; 40-2406
SUMMARY: Respondent's Motion for Summary Judgment denied; monetary; costs assessed. - Final agency action on administrative action brought against company by KID for breach of its agreement with KID.
Jan. 19 Benchmark Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Market conduct report adopted; monetary penalty. - Market conduct review, utilization of non-filed & unapproved rating plan; deceptive acts/ unfair method of competition; unfair claim settlement practices; failure to properly handle claims in accordance with policy provisions & applicable statutes; etc.
Mar. 22 Benchmark Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 6 Born, Gregory D.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state license revoked; failure to notify KID of same.
Jun. 5 Brown, Kenneith
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state license revoked; failure to report same.
Jul. 26 Builders' Association Self-Insurance Fund of Kansas
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 6 Conklin, Steven A.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state license revoked; failure to notify KID of same.
Feb. 20 Coventry Health Care of Kansas, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
May 15 Delta Dental Plan of Kansas
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jul. 20 Execlusive Settlement Services, Inc.
Authority: K.S.A. 40-952(c); 40-2,125(a)(1); 77-537
SUMMARY: Monetary penalty. - Failure to file pursuant to statute.
May 19 Executive Risk Indemnity, Inc.
Authority: K.S.A. 40-2,125; K.A.R. 40-1-34
SUMMARY: Monetary penalty. - Failure to respond to proper inquiry of the Commissioner of Insurance.
May 22 Farmers Mutual Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 12 Feldman, Donald R.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Other states' actions; failure to report same.
Dec. 15 Financial American Life Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Sep. 22 Financial Benefit Life Insurance Company
Authority: K.S.A. 40-3304
SUMMARY: Exemption granted. - Request for exemption from the application of formal filing and approval requirements.
Sep. 29 Financial Benefit Life Insurance Company
Authority: K.S.A. 40-309
SUMMARY: Merger approved. - Application to merge with and into American Investors Insurance Company, Inc.
Dec. 4 Firefighter's Relief Associations
Authority: K.S.A. 40-1706(c)(6); 77-501
SUMMARY: Redetermination granted. - Requests for redetermination.
Dec. 4 First Life America Corporation (proposed acquisition by Brooke Holdings, Inc., et al.)
Authority: K.S.A. 40-3304; K.A.R. 40-1-28
SUMMARY: Application for acquisition approved - Application to acquire control filed by Brooke Holdings, Inc., Brooke Corporation, Robert D. Orr and Leland G. Orr.
Dec. 22 FirstGuard Health Plan Kansas, Inc.
Authority: K.S.A. 40-103; 40-3301, et seq.
SUMMARY: Exemption granted; approval for payment of dividend directly to indirect parent. - Requested exemption from notice and payment requirements as they apply to the dividend distribution declared on 12/18/06.
Mar. 22 Franklin, Jerry M.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Prior convictions; failure to report same to KID.
May 30 General Electric Capital Services, Inc.
Authority: K.S.A. 40-103; 40-3301, et seq.
SUMMARY: Exemption granted provided reorganization effected w/in 60 days. - Request for exemption from formal filing requirements of 40-3304(a); change in ownership of Employers Reinsurance Corporation.
Jan. 6 Hentges, Michael E.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state license revoked; failure to notify KID of same.
Jan. 12 Holmes, Sheila L.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Other states' revocations; failure to respond to KID inquiry.
Jan. 24 Homesite Indemnity Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 6 Hulsey, Frank S.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state license revoked; failure to notify KID of same.
Sep. 26 Kansas Association of School Boards Workers' Compensation Fund, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
May 18 Kansas Building Industry Worker's Compensation Fund
Authority: K.S.A. 40-103; 44-584; 77-501 et seq.
SUMMARY: KID ordered to refund KBIWCF expenses billed. - KBIWCF seeking reduction in the costs billed by KID for examination.
Feb. 20 Kansas County Association Multi-Line Pool
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Feb. 13 Kansas Health Care Association Workers Compensation Insurance Trust, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Mar. 15 Kansas Health Insurance Association
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jul. 26 Kansas Insurance Guaranty Association
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jul. 13 Kansas Livestock Association Risk Management Services, Inc. WC Fund
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 11 Kansas Restaurant & Hospitality Association Self-Insurance Trust
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Sep. 6 Kansas Truckers Risk Management Group, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Nov. 22 Kansas Workers Risk Cooperative for Counties
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 6 Kemp, Laurence W.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License suspended for 60 days. - License suspended pending completion of KID's ongoing criminal investigation.
Dec. 7 Kiger, Richard L.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked; cease & desist. - Felony conviction, untimely reported; other agency action, failure to report; prior felony conviction; failure to report.
Nov. 14 Lumber Mutual Insurance Company
Authority: K.S.A. 40-229a; 40-253
SUMMARY: Retaliatory deposit released; prohibited from new business. - Deposit released to Commissioner of Insurance of the Commonwealth of Massachusetts in her capacity as Receiver for company.
Jan. 12 Mankamyer, Michele L.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Other states' actions and revocation; failure to respond to KID inquiry.
Feb. 1 Manufacturers Alliance Insurance Company
Authority: K.S.A. 40-103; 8-173; K.A.R. 40-3-53
SUMMARY: Exemption granted. - Requested exemption from the on-line electronic verification requirements of its commercial automobile line to the KS Secretary of Revenue.
Jan. 13 Marysville Mutual Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Sep. 27 Metropolitan Property and Casualty Insurance Company
Authority: K.S.A. 40-222; 40-2407; 40-955
SUMMARY: Market conduct examination report adopted; monetary - Market conduct examination; exceeding the coverage A limit of liability on ultra and plus homeowners policies.
Jan. 6 Midland Insurance Group, Inc.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Home state agency license revoked; failure to notify KID of same.
Feb. 6 Moore, Danny M.
Authority: K.S.A. 40-4909
SUMMARY: Monetary penalty; license suspended for 30 days; reimbursement to insured. - Conversion of premium for personal use.
Nov. 6 Mt. Hawley Insurance Company
Authority: K.S.A. 40-2,162
SUMMARY: Redomestication approved effective 4/21/99. - Application for redomestication.
Dec. 15 Munro, Shane E.
Authority: K.S.A. 40-4909
SUMMARY: License surrendered; costs assessed. - Allegations of incompetence, untrustworthiness, or financial irresponsibility in the conduct of business.
Oct. 20 National Life Insurance Company
Authority: K.S.A. 40-253
SUMMARY: Pay outstanding retaliatory charges for 2005. - Outstanding retaliatory fees for the year 2005.
Aug. 14 Nationwide Agribusiness Insurance Company
Authority: K.S.A. 77-501, et seq.
SUMMARY: Monetary penalty. - Disputed claims.
Apr. 4 Noah, Darrin R.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked; cease & desist. - Retention of premium for personal use; deceptive acts; false entries; failure to submit applications.
Nov. 1 Northland Title Services, LLC
Authority: K.S.A. 40-2404; 40-963
SUMMARY: Monetary penalty. - Failure to file report stating percent of closed title orders originating from controlled business within 90 days following end of year.
May 22 Old United Casualty Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Mar. 22 Parimore, Phil A.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Other state action; failure to report same.
Mar. 17 Patrons Insurance Company
Authority: K.S.A. 40-309; 40-3301; 40-3304; 77-501
SUMMARY: Merger approved. - Joint application of Patrons and Columbia National Insurance Company seeking approval of proposed merger.
Feb. 1 Pennsylvania Manufacturers Association Insurance Company
Authority: K.S.A. 40-103; 8-173; K.A.R. 40-3-53
SUMMARY: Exemption granted. - Requested exemption from the on-line or electronic verification requirements of its commercial automobile line to the KS Secretary of Revenue.
Feb. 1 Pennsylvania Manufacturers Indemnity Company
Authority: K.S.A. 40-103; 8-173; K.A.R. 40-3-53
SUMMARY: Exemption granted. - Requested exemption from the on-line or electronic verification requirements of its commercial automobile line to the KS Secretary of Revenue.
Sep. 15 Preferred Health Systems Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Sep. 15 Preferred Plus of Kansas, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Nov. 27 Raytheon Aircraft Acquisition Company, LLC
Authority: K.S.A. 40-3304
SUMMARY: Exemption granted. - Requested exemption from application of formal filing requirements.
Dec. 11 Reeves, Ronald W.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked; costs assessed. - Felony conviction, failure to timely report; other agency actions, failure to timely report.
Oct. 16 Richmond, Scott P.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked; cease & desist. - Forgery conviction; demonstrated untrustworthiness and/or financial irresponsibility.
Mar. 27 Santa Fe Title LLC
Authority: K.S.A. 40-1139; 40-1141
SUMMARY: Agency license suspended until KID has proof of bond; cease & desist. - Failure to maintain proper surety bond or irrevocable letter of credit issued by an insurance company or financial institution.
Jan. 17 Schul, Clayton W.
Authority: K.S.A. 40-4909; 77-501; 77-526
SUMMARY: License revoked; assessed costs. - Felony conviction; failure to timely notify KID.
Mar. 16 Shelter Mutual Insurance Company and Shelter General Insurance Company
Authority: K.S.A. 40-222; 40-5101; 77-537
SUMMARY: Market conduct examination report adopted. - Market conduct examination.
Nov. 3 Shumard, Jane L.
Authority: K.S.A. 40-4909; 40-247(a); 77-501
SUMMARY: License revoked; restitution. - Improperly withheld monies; failure to pay premium over to companies.
Nov. 30 Sloan, Eugene W.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Probationary status for 6 months; monetary penalty; continuing ed on ethics. - Improperly withheld monies received; demonstrated incompetence, untrustworthiness or financial irresponsibility in the conduct of business.
Jan. 31 South Central Kansas Health Insurance Group
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Nov. 30 St. Paul Fire & Marine Insurance Company
Authority: K.S.A. 40-2401; 77-537
SUMMARY: Monetary penalty. - Failure to file and receive approval of endorsement.
Nov. 27 State Farm Mutual Automobile Insurance Company
Authority: K.S.A. 40-2401; 77-501
SUMMARY: Cease & desist. - Violations of the Unfair Claim Practices Act.
Sep. 6 Strand, Gregory M.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked; cease & desist. - Felony conviction; not reported.
Apr. 7 Travel Air Insurance Company (Kansas)
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial examination report.
Apr. 7 Travel Air Insurance Company, Ltd.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 21 Universal Underwriters Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 21 Universal Underwriters Life Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Dec. 15 Upland Mutual Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jan. 12 Van Tuyl, Cecil L. (Trust)
Authority: K.S.A. 40-3304; 40-3301; 40-103
SUMMARY: Exemption granted. - Requested exemption from the formal filing and approval requirements of the KS Insurance Holding Companies Act.