40-2003. Bond of unauthorized insurer before pleading in action; continuance; setting aside service. - Kansas Statutes

40-2003

Chapter 40.--INSURANCE Article 20.--UNAUTHORIZED INSURERS PROCESS ACT

      40-2003.   Bond of unauthorized insurer before pleading in action;continuance; setting aside service.(a) Before any unauthorized foreign or alien insurer shall file or causeto be filed any pleading in any action, suit or proceeding institutedagainst it, such unauthorized insurer shall deposit with the clerk ofthe court in which such action, suit or proceeding is pending cash orsecurities or file with such clerk a bond with good and sufficientsureties, to be approved by the court, in an amount to be fixed by thecourt sufficient to secure the payment of any final judgment which maybe rendered in such action; or (2) procure a certificate of authority totransact the business of insurance in this state.

      (b)   The court in any action, suit or proceeding, in which service ismade in the manner provided in subsection (b) or (c) of K.S.A.40-2002 may, in its discretion, order such postponement as may benecessary to afford the defendant reasonable opportunity to comply withthe provisions of subsection (a) of this section and to defend suchaction.

      (c)   Nothing in subsection (a) of this section is to be construed toprevent an unauthorized foreign or alien insurer from filing a motion toquash a writ or to set aside service thereof made in the manner providedin subsections (b) or (c) of K.S.A. 40-2002 on the groundeither (1) that such unauthorized insurer has not done any of the actsenumerated in subsection (a) of K.S.A. 40-2002, or (2) that theperson on whom service was made pursuant to subsection (c) of K.S.A.40-2002 was not doing any of the acts therein enumerated.

      History:   L. 1949, ch. 283, § 3; June 30.