Legal Orders

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2008 Legal Orders
Dec. 30 Kansas Health Care Providers Insurance Availability Plan
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Dec. 23 First Life America Corporation
Authority: K.S.A. 40-3301; 40-3304; 77-537; 40-1-28
SUMMARY: Application for acquisition approved. - Application to acquire control filed by First Trinity Financial Corporation with amended Form A statement, to be effected within 60 days.
Dec. 22 Preferred Health Systems Insurance Company
Authority: K.S.A. 40-3305; 77-542
SUMMARY: Exemption granted. - Request for exemption from requirements of K.S.A. 40-3305 as it applies to the divident transaction as approved by Board of Directors on 12/16/08.
Dec. 22 Preferred Plus of Kansas, Inc.
Authority: K.S.A. 40-3305; 77-542
SUMMARY: Exemption granted. - Request for exemption from requirements of K.S.A. 40-3305 as it applies to the dividend transaction as approved by Board of Directors on 12/16/08.
Dec. 16 First Life America Corporation
Authority: K.S.A. 40-3301; 77-501
SUMMARY: Extension granted. - Request for extension of time to complete acquisition by First Trinity Financial Corporation until 1/30/09.
Dec. 12 Firefighters Relief Associations
Authority: K.S.A. 40-1706(c)(6); 77-501
SUMMARY: Redetermination granted. - Redetermination granted to various associations.
Dec. 12 Hoffman, Rick
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Breach of financial responsibility to client; false/fraudulent statements; demonstrated incompetence, and untrustworthiness.
Dec. 11 Imperial Casualty and Indemnity Company
Authority: K.S.A. 40-222; 40-222b; 40-222d; 40-222e; 77-501
SUMMARY: Suspension rescinded. - Previously issued Consent Order of 4/14/89 rescinded. Company may commence writing business in the State of Kansas.
Nov. 25 United Title Company, LLC
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Engaged in a controlled business arrangement; failed to timely file a controlled business report for 2005 thru 2007.
Nov. 13 Saldivar, Mark
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Misrepresenting the terms, provisions and conditions of an actual or proposed insurance contract; fiscal irresponsibility; inappropriate acts.
Oct. 30 Humana Insurance Company
Authority: K.S.A. 40-222; 77-542
SUMMARY: Market conduct report adopted; monetary penalty. - Market conduct examination.
Oct. 30 Humana Health Plan
Authority: K.S.A. 40-222; 77-542
SUMMARY: Market conduct report adopted; monetary penalty. - Market conduct examination.
Oct. 17 Zurich American Insurance Company of Illinois
Authority: K.S.A. 40-2,125
SUMMARY: Monetary penalty. - Failure to respond to KID inquiry in timely manner.
Oct. 17 First Life America Corporation
Authority: K.S.A. 40-3301, et seq.
SUMMARY: Acquisition approved. - Application for acquisition filed by First Trinity Financial Corporation.
Oct. 6 Automobile Club Inter-Insurance Exchange
Authority: K.S.A. 40-222; 77-542
SUMMARY: Market conduct report adopted; monetary penalty. - Market conduct examination.
Oct. 6 Auto Club Family Insurance Company
Authority: K.S.A. 40-222; 77-542
SUMMARY: Market conduct report adopted; monetary penalty - Market conduct examination.
Sep. 22 Key Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Sep. 18 Hodgeman County Abstract & Title Insurance Company
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Agency license revoked. - Improperly converted/misappropriated monies received by agent in the course of doing business, for personal use.
Sep. 18 Clarke, Angela
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Improperly converted/misappropriated monies received in the course of doing business, for personal use.
Sep. 18 Irvin, William Hiram (III)
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for license denied. - Prior felony conviction disclosed on application.
Sep. 11 Bridges, William Guy
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for license denied. - Prior conviction disclosed on application.
Sep. 10 Safeco Insurance Company of America
Authority: K.S.A. 40-2,125; 40-3-30
SUMMARY: Monetary penalty. - Failure to respond to proper inquiry.
Sep. 4 Moffitt, Joann M.
Authority: K.S.A. 40-4909; 77-520; 77-537
SUMMARY: License revoked. - Making false statements or representations for the purpose of obtaining a fee, commission, money or other benefit; coercive and dishonest practices; submitting false applications for life insurance.
Aug. 26 Morgan Ross, LLC
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Agency license revoked. - Incompetence in the conduct of business; failure to notify KID of other state activity.
Aug. 26 Balcarres Group, LLC
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Agency license revoked. - Incompetence in the conduct of business; failure to notify KID of other state activity.
Aug. 26 Lindsey, Colin P
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Incompetence in the conduct of business; failure to notify KID of other state activity.
Aug. 25 Wedel, Loyal Dean
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for agent license denied. - Submitted an application for an agent license; felony conviction; insurable interests of the public not served.
Aug. 21 Continental Western Insurance Company
Authority: K.S.A. 40-103; 77-501; 40-5,120
SUMMARY: Monetary Penalty - Alleged violation of work comp statutes.
Aug. 19 Kansas Bankers Surety Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Aug. 18 Lacy, Denise R.
Authority: K.S.A. 40-4909; 77-501 et seq.
SUMMARY: License revoked. - Fraudulent, coercive, or dishonest practice; demonstrating untrustworthiness; making false statements.
Aug. 18 Fitzhugh, Margaret
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Felony conviction; reported.
Aug. 13 Golden Rule Insurance Company
Authority: K.S.A. 40-2404; 77-536
SUMMARY: Immediate redress to insured. - Unlawful denial of claim.
Aug. 4 Maish, Jimmie D.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Acted as a broker-dealer; fraudulent, coercive practices which led to action by the Kansas Securities Commission; failure to report said action to KID.
Jul. 30 Konen, Theresa M.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to respond to proper inquiry; failure to provide address change.
Jul. 30 Legeyt, Clayton
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to respond to proper inquiry; failure to provide new resident state letter of certification.
Jul. 30 Hatchel, Daneese Marie
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for license denied. - Respondent submitted an application for a Kansas resident insurance agent license; convictions not reported.
Jul. 30 Flaherty, Kevin
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Other state action, failure to notify; failure to respond to proper inquiry; failure to change address.
Jul. 28 Brooke Corporation
Authority: K.S.A. 40-4401; 77-542; KAR 40-1-28
SUMMARY: Extension to file granted. - Extension requested in order to effect restructuring of insurance company holding system.
Jul. 11 National Prearranged Services, Inc.
Authority: K.S.A. 40-4909; 77-542
SUMMARY: License revoked. - Borrowed against life insurance policies w/o the consent of Kansas policyowners; did not repay loans borrowed against the policies.
Jul. 10 Gonzalez, Rachel
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Unlicensed activity; derogatory statements; fraudulent, coercive or untrue statements.
Jul. 10 Borchardt, Joshua
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to respond to proper inquiry; failure to submit letter of clearance.
Jul. 10 Fraley, Jerry A.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Other state action -- revocation, failure to notify.
Jul. 2 Smith, James C.
Authority: K.S.A. 40-4909; 77-526
SUMMARY: Application for agent license denied. - Respondent submitted an application for a Kansas nonresident insurance agent license.
Jun. 27 Surency Life & Health Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jun. 23 Kansas Medical Mutual Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jun. 18 Brown, Veneda
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for license denied. - Numerous misdemeanor convictions; failure to demonstrate that she is fit to participate in the business of insurance without constituting a risk to consumers or insurers.
Jun. 18 First Life American Corporation
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Jun. 17 Brown, Robert E.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Misdemeanor conviction; failure to notify.
Jun. 17 Mega Life and Health Insurance Company (The)
Authority: K.S.A. 40-222; 40-2,125
SUMMARY: Monetary penalty. - Market conduct examination.
Jun. 11 Bailey, Betty A.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Improperly withheld, misappropriated or converted any monies in the course of doing business; used fraudulent, coercive, or dishonest practices, or demonstrated incompetence, untrustworthiness or financial irresponsibility in the conduct of business.
Jun. 5 Settlement Group, Inc. (The)
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Engaged in a controlled business arrangement; failed to timely file a controlled business report for 2005-2007; failed to submit an audit for years 2005-2007.
Jun. 3 Pell, Melissa Leeanne
Authority: K.S.A. 40-4909; 77-520
SUMMARY: License suspension ordered in Summary Order affirmed. - Failure to pay monetary penalty assessed in Summary Order; license suspended; requested hearing; failure to appear.
May 27 Ward, Hal Russell
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Application for license denied. - Failure to disclose all criminal convictions on application; numerous felony convictions; failure to demonstrate that he is fit to participate in the business of insurance without constituting risk to consumers or insurers.
May 20 Advance Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
May 19 Conseco Senior Health Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Multi-state market conduct examination report adopted. - Multi-state market conduct examination conducted by NAIC.
May 19 Conseco Health Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Multi-state market conduct examination report adopted. - Multi-state market conduct examination conducted by NAIC.
May 14 Hall, J. Allan
Authority: K.S.A. 40-4909
SUMMARY: Monetary penalty - Other state's action; failure to report.
May 7 Balsam, Jordana
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Monetary penalty. - Other state action; failure to notify.
May 5 Builders' Mutual Casualty Company
Authority: K.S.A. 50-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 30 Inslogic Corporation
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Agency license revoked. - Other states' actions; failure to report.
Apr. 30 Morckel, Christopher A.
Authority: K.S.A. 40-4909; 77-520
SUMMARY: Application for license denied. - Initial denial of application; hearing requested and called; failure to appear at hearing.
Apr. 28 Blue Cross and Blue Shield of Kansas, Inc.
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 28 Premier Health, Inc. d/b/a Premier Blue
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 28 Security Benefit Life Insurance Company
Authority: K.S.A. 40-222
SUMMARY: Financial condition examination report adopted. - Proposed financial condition examination report.
Apr. 28 Platt, Arthur F.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License suspended. - Failure to notify of other state's action.
Apr. 25 Erickson, Ethan W.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to notify of other state's action.
Apr. 25 Liefer, Todd J.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty - Other state's action; failure to notify.
Apr. 23 Tate, Schalisa M.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Other states' actions; failure to report.
Apr. 23 Beyer, Sally J.
Authority: K.S.A. 30-3909; 77-501
SUMMARY: License revoked. - Home state license revoked; failure to report.
Apr. 18 Trinity Universal Insurance Company of Kansas, Inc.
Authority: K.S.A. 40-3304; 40-1-28
SUMMARY: Application to acquire control approved. - Proposed acquisition of control by Amtrust Financial Services, et al.
Apr. 18 Losse, Trevor
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License suspended. - Other state action; failure to report.
Apr. 17 McMenamin, James F.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Other state's action; failure to report.
Apr. 17 Frenkel & Company, Inc.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty - Other state's action; failure to report.
Apr. 17 Moreira, Aviena
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License suspended. - Other state's action; failure to report.
Apr. 17 VanSchoick, Dee (Jr.)
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty - Other state's action; failure to report in timely manner.
Apr. 17 MaximInsurance Services, Inc.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Monetary penalty - Other state's action; failure to report.
Apr. 17 Mechanic, Steven R.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty - Other states' actions; failure to report.
Apr. 17 Moreau, Heath
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License suspended. - Other state action; failure to notify
Apr. 15 Agency X
Authority: K.S.A. 40-4909; 40-2404; 77-501 et seq.
SUMMARY: Penalty suspended; may continue paying premium; cannot pursue in Court. - Whether Respondent violated the law by renewing a consumer's insurance policy without approval and subsequently filed suit for the customer's failure to pay the premium; appeal of Summary Order.
Apr. 9 MSCP Funds
Authority: K.S.A. 40-3304(e)(1); 40-3304(a)
SUMMARY: Exemption granted. - Application of HCD Investors LP, Morgan Stanley Capital Partners III, LP, and MSCP III 892 Investors (known as MSCP Funds), for exemption from filing requirements in re: Homesite Group.
Mar. 31 Johnson, Kristina P.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Other states' actions not fully reported.
Mar. 24 I Mortgage Services, LLC
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Monetary penalty. - Other state action; failure to notify within 30 days of action.
Mar. 20 Continental Casualty Company
Authority: K.S.A. 40-2404; 40-2406; 40-2407; 77-542
SUMMARY: Monetary penalty; payment to consumer. - Denial of full payment of claim.
Mar. 19 Byrne, Patrick J.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty - Other state action; failure to notify within 30 days of action.
Mar. 19 Klein, Joseph Scott
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Other state action; failure to notify within 30 days of action.
Mar. 19 Guthrie, Wesley A.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Obtained license through misrepresentation or fraud; demonstrated financial irresponsibility; insurable interests of the public not properly served.
Mar. 19 Washington, Eddie G.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: License revoked. - Failure to notify of prior revocations by other states.
Mar. 19 Levin, Matthew H.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Surrender of license in home state; failure to notify.
Mar. 12 National Alliance of Associations; Thomas J. Sullivan; James M. Doyle; Christopher Ashiotes
Authority: K.S.A. 40-2,125; 77-501 et seq.
SUMMARY: Cease and desist transacting business in Kansas. - Unauthorized and unlicensed transaction of the business of insurance in the State of Kansas.
Mar. 12 Bowman, Omer A. (Jr.)
Authority: K.S.A. 40-4909; 77-520
SUMMARY: Summary Order affirmed; license revoked; costs assessed. - Failure to appear at hearing set in re: Summary Order that was issued revoking agent's license; proposed default.
Mar. 12 Mayes, William Chad
Authority: K.S.A. 40-103; 77-501
SUMMARY: License voluntarily surrendered; cease and desist. - Fraudulent, coercive, dishonest business practices; untrustworthiness; financial irresponsibility; forgery.
Mar. 5 Ball, Troy D.
Authority: K.S.A. 77-547; 40-4909
SUMMARY: Previous revocation sustained. - Final order on agency action sustaining revocation by summary order issued in 2007.
Mar. 4 Kansas Health Insurance Association
Authority: K.S.A. 40-222; 77-542
SUMMARY: Market conduct review report adopted. - Proposed market conduct review report.
Mar. 4 Jones, Edwin D.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Censure. - Irresponsibility and incompetence in the conduct of business.
Mar. 4 Baconrind, Thomas S.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Censure - Irresponsibility and incompetence in the conduct of business.
Mar. 4 Lackey, Jeffrey B.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked; cease and desist. - Home state license revoked.
Feb. 28 Homesite Indemnity Company (acquisition by Alleghany Insurance Holdings LLC)
Authority: K.S.A. 40-3304; 40-1-28
SUMMARY: Acquisition approved. - Application by Alleghany Insurance Holdings LLC to acquire Homesite Indemnity Company.
Feb. 28 Zurich Insurance Company
Authority: K.S.A. 40-3301; 77-542; 40-1-28
SUMMARY: Extension granted. - Request for an extension to reorganization of Farmers Insurance Company, Inc.
Feb. 28 Vendor Management Services d/b/a/ Inzura Settlement Services
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Agency license suspended for 30 days; monetary penalty. - Engaged in controlled business arrangement.
Feb. 13 McLaughlin, Mark W.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to provide certification from new resident state after move.
Feb. 13 Wagner, John V. (Jr.)
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to notify of other State's action; failure to respond to proper inquiry.
Feb. 13 O'Brien, Jeffrey R.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to notify of other State's action; failure to respond to proper inquiry.
Feb. 13 Cavalari, Thomas
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to notify of other States' actions; failure to respond to proper inquiry.
Feb. 13 Total Benefit Planning, Inc.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: Monetary penalty. - Failure to notify of other State's action; failure to notify.
Feb. 13 Moore, Tisa A.
Authority: K.S.A. 40-4909; 77-537
SUMMARY: Monetary penalty. - Failure to notify of other States' actions in a timely manner.
Feb. 13 Pell, Melissa Leeanne
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License suspended. - Other state action; failure to notify.
Feb. 11 Werner, Mark R.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License suspended until monetary penalty paid. - Failure to notify of other State's action in a timely manner.
Feb. 11 Bruce, Terrel Y.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Failure to notify of other State's action in a timely manner; failure to disclose felony conviction; subsequent action by other State relative to previous undisclosed action.
Jan. 24 Baumgartner, Nicholas A.
Authority: K.S.A. 40-4909; 77-501
SUMMARY: License revoked. - Submitted applications w/out knowledge of insured for purpose of obtaining a fee, commission or other money; forgery; dishonest business practices; untrustworthiness; fraudulent act(s).
Jan. 18 Certain Firefighters Relief Associations
Authority: K.S.A. 40-1706(c)(6); 77-501
SUMMARY: Redetermination granted. - Request for redetermination made by certain FRA's.
Jan. 14 Farmers Insurance Exchange
Authority: K.S.A. 40-103; 40-3301, et seq.
SUMMARY: Exemption granted. - Applicant requested an exemption from formal filing requirements.
Jan. 4 Wausau Business Insurance Company
Authority: K.S.A. 40-2,125; 77-542
SUMMARY: Remit oustanding premium tax; monetary penalty. - Failure to pay outstanding premium tax; failure to respond.
Jan. 2 Wausau General Insurance Company
Authority: K.S.A. 40-2,125; 77-542
SUMMARY: Remit outstanding premium tax; monetary penalty. - Failure to pay outstanding premium tax; failure to respond.