Kan. Admin. Regs. § 40-3-35 - Fire and casualty insurance; Kansas automobile injury reparations act; Kansas automobile assigned claims plan; requirements; review of plan; approval; disapproval; procedure; amendments
(a) The Kansas
automobile assigned claims plan shall consist of every insurer and self-insurer
authorized to write motor vehicle liability insurance in this state. Each
authorized insurer and self-insurer shall, in accordance with K.S.A. 1988 Supp.
40-3116, cooperate in preparing
and submitting to the commissioner of insurance a plan or plans for the
assignment of applicants for certain motor vehicle personal injury protection
claims for certain persons injured in automobile accidents in Kansas. The plan
or plans shall provide:
(1) Reasonable rules
governing the operating procedures of the Kansas automobile assigned claims
plan, including:
(A) The designation of
servicing insurers;
(B) the
distribution of claims to servicing insurers; and
(C) adequate provision for the equitable
payment of assigned claims;
(2) a method providing applicants for
personal injury protection benefits and insurers with a hearing on grievances
and the right of appeal to the commissioner; and
(3) for the establishment of procedures
regarding records to be kept of all financial transactions of the Kansas
automobile assigned claims plan and the submission of an annual financial
report to the commissioner of insurance.
(b) Each plan shall be subject to the
approval of the commissioner and may be disapproved if it fails to meet the
requirements set forth in paragraphs (1), (2), and (3) of subsection (a).
(c) A submitted plan that does not
meet the standards set forth in paragraphs (1), (2), and (3) above shall be,
after a hearing, revised to meet the requirements. If after a hearing, the
commissioner finds that an activity or practice of an insurer or rating
organization in connection with the operation of the plan or plans is unfair or
unreasonable or otherwise inconsistent with the provisions of this regulation,
the commissioner may issue a written order specifically identifying the unfair,
unreasonable, or inconsistent activity or practice, and may require
discontinuance of the activity or practice.
(d) For each plan or plans, a governing
committee shall be appointed by the commissioner of insurance. The committee
shall meet at least once annually to review and prescribe operating rules.
(e) The committee shall consist of
nine members who shall be appointed as follows:
(1) Three members shall be representatives of
foreign insurance companies.
(2)
Two members shall be representatives of domestic insurance companies.
(3) Two members shall be licensed
independent insurance agents.
(4)
Two members shall be representative of the general public interest.
(f) Each member shall be appointed
for a term specified by the commissioner.
Notes
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