Statute 40-3807: Same; disposition of funds held by administrator;
records; withdrawals of funds.
All insurance charges or premiums collected by an administrator on
behalf of or for an insurer or insurers, and return premiums received
from such insurer or insurers, shall be held by the administrator in a
fiduciary capacity. Such funds shall be immediately remitted to the
person or persons entitled thereto, or shall be deposited promptly in a
bank account established and maintained by the administrator. If
charges or premiums so deposited have been collected on behalf of or for
more than one (1) insurer, the administrator shall maintain records
clearly recording the deposits in and withdrawals from such account on
behalf of or for each insurer. The administrator shall keep copies of
all such records and, upon request of an insurer, shall furnish such
insurer with copies of such records pertaining to deposits and
withdrawals on behalf of or for such insurer. The administrator shall
not pay any claim by withdrawals from such account. Withdrawals from
the funds deposited in such account shall be made, as provided in the
written agreement between the administrator and the insurer, for (1)
remittance to an insurer entitled thereto, (2) deposit in an account
maintained in the name of such insurer, (3) transfer to and deposit in a
claims paying account, with claims to be paid as provided in
K.S.A.
40-3809, (4) payment to a group policyholder for remittance to the
insurer entitled thereto, (5) payment to the administrator of its
commission, fees or charges, or (6) remittance of return premiums to the
person or persons entitled thereto.
History: L. 1978, ch. 174, § 7; July 1.