KS Bulletin 2003-01
Property and Casualty Companies in Kansas
Bulletin 2003 - 1
To:
All Property and Casualty Insurance Companies in Kansas
From:
Kathleen Sebelius
Commissioner of Insurance
RE:
Revisions to K.A.R. 40-1-34
Date:
January 6, 2003
The purpose of this bulletin is to advise all companies authorized to write Fire and
Casualty insurance business in the state of Kansas of amendments to K.A.R. 40-1-34, the
Unfair Claims Settlement Practices Model Regulation. The amended regulation becomes
effective January 10, 2003.
K.A.R. 40-1-34 sets out the standards and requirements insurance companies must follow
when settling claims. The proposed revision of the regulation is based on the National
Association of Insurance Commissioners’ 1981 Model Regulation.
The department believes that these amendments will reduce the number of disputes
between insurers and claimants by allowing more use of publicly available data for
determining the value of vehicles.
The primary changes to the 1981 Model Regulation occur in Section 9, which provides
alternative means for both consumers and insurance companies to obtain legitimate data
for use in determining the values of vehicles. The primary changes in Section 8 make the
regulation consistent with language contained in Section 8 of K.A.R. 40-1-34 prior to the
current amendments.
For your convenience, we have posted the NAIC 1981 Model Regulation, the amendments
to this model, and an unofficial compilation of K.A.R. 40-1-34 on our website at
www.ksinsurance.org.
If you have any questions on the amended regulation, please contact the Consumer
Assistance Division at 785-296-7829.