KS Bulletin 2001-06
Company Identification, Bulletin 2001-6
Bulletin 2001-6
TO:
ALL INSURERS
FROM:
Kathleen Sebelius
Commissioner of Insurance
RE:
Company requirement to properly identify itself in complaint inquiry
DATE:
November 27, 2001
We would like to remind companies responding to complaints from the department that they
must clearly identify the name and NAIC number of the company against which the complaint is
filed. This requirement is stated in the complaint cover letter sent with all complaints. Replying
on letterhead with the company name or group name is not sufficient.
The purpose of this requirement is to continue the accurate tabulation of the number of
complaints against each company. These numbers are made available to the public each year in
our complaint ratio report. With so many companies now being part of a holding company or
larger group of companies, it is very important for companies to correctly identify themselves
when responding to a complaint.
This bulletin also serves as a reminder to insurance companies that they are required to supply
the department with all the documentation requested in our complaint cover letter. Also, if the
consumer complaint involves health coverage and falls under federal ERISA statutes, the
responding entity is requested to indicate whether ERISA applies.
Please note that K.S.A. 40-2,125(b) provides that any person, or company, which fails to respond
to any proper inquiry of the Commissioner of insurance, shall be subject to a possible penalty of
$500, with an additional penalty of $100 for each week thereafter that such information is not
provided. The requirements set out in this bulletin apply to any โpersonโ as defined in K.S.A.
40-2,125(d)(1).
If you have questions on complying with this requirement, please contact the Consumer
Assistance Division at 785-296-7829.
Kathleen Sebelius
Commissioner of Insurance