KANSAS
INSURANCE DEPARTMENT
Proposed
Regulation K.A.R. 40-3-5
K.A.R. 40-3-5. Fire and casualty insurance; rating
organizations; filing of forms. For the purpose of this regulation, the word
“company” includes shall include a company or exchange of
any type that is required to file rates pursuant to K.S.A. 40-931 or
40-1115, or both 40-955 and amendments thereto. The word “forms” means
shall mean policies, endorsements, and standard provisions used in
policies or endorsements. The word term “rating organizations” means
shall mean any organization licensed pursuant to K.S.A. 40-930 or
40-1114 or both 40-956 and amendments thereto.
(a) When
the constitution, articles of association, bylaws, or regulations of a rating
organization grant control over the forms to be used by its member and
subscriber companies, such the forms shall be filed in compliance
with K.S.A. 40-216 and amendments thereto. An individual company shall
not be required to file declarations pages or forms that have been filed on its
behalf by a rating organization and approved by the commissioner of insurance.
(b) After
approval, each member and subscriber of the rating organization making the
filings shall adhere to the forms. Each deviation from approved filings shall
be deemed to be in violation of K.S.A. 40-216 and amendments thereto,
except as provided under K.S.A. 40-931 and 40-1115 40-958 and
amendments thereto.
(c) Except as provided in subsection (a) above,
each company shall be responsible for the following:
(1) Controlling
its filings of forms;
(2) promptly
discontinuing individual filings of those forms filed on its behalf by a rating
organization; and
(3) complying
with A Each company which that is not a member of or
subscriber to a rating organization shall be required to make an individual
filing in accordance with K.S.A. 40-216, and amendments thereto, for
each standardized form filed by a rating organization that is accepted by the company.
(d) Each
company that becomes a member or subscriber of a rating organization shall be
presumed to be issuing the forms of the rating organization from the effective
date of membership or subscribership.
(e) Each
company that retires from membership or subscribership in a rating organization
shall meet the filing requirements by making individual filings.
(Authorized by K.S.A. 40-103 and 40-961; implementing K.S.A. 40-216 and
40-955; effective Jan. 1, 1966; amended Jan. 1, 1967; amended May 1, 1979;
amended May 1, 1986; amended May 15, 1989; amended May 16, 1997; amended P-
_______________.)