KANSAS STATUTES AND CODES

40-3654. Same; begun in reciprocal state against insurer domiciled in that state; claimants residing in this state; filing, proving and allowance of claims.

40-3654

Chapter 40.--INSURANCE Article 36.--IMPAIRED OR INSOLVENT INSURERS

40-3654. Same; begun in reciprocal state against insurer domiciled in thatstate; claimants residing in this state; filing, proving and allowance ofclaims.(a) In a liquidation proceeding in a reciprocal state againstaninsurer domiciled in that state, claimants against the insurer, who residewithin this state, may file claims either with the ancillary receiver, if any,in this state, or with the domiciliary liquidator. Claims must be filed on orbefore the last dates fixed for the filing of claims in the domiciliaryliquidation proceeding.

(b) Claims belonging to claimants residing in this state may be provedeither in the domiciliary state under the law of the domiciliary state, or inancillaryproceedings, if any, in this state. If a claimant elects to prove such a claimin this state, the claimant shall file the claim with the liquidator in themanner provided in K.S.A. 40-3636 and 40-3637. The ancillaryreceiver shall make arecommendationto the court as under K.S.A. 40-3642, and also shall arrange a datefor hearing ifnecessary under K.S.A. 40-3639 and shall give notice to theliquidator in thedomiciliary state, either by certified mail or by personal service at least 40days prior to the date set for hearing. If the domiciliary liquidator, within30 days after the giving of such notice, gives notice in writing to theancillary receiver and to the claimant, either by certified mail or by personalservice, of such liquidator's intention to contest the claim, such liquidatorshall be entitled to appear or be represented in any proceeding in thisstate involving the adjudication of the claim.

(c) The final allowance of the claim by the courts of this state shall beaccepted as conclusive as to amount and as to priority against special depositsor other security located in this state.

History: L. 1991, ch. 125, § 50; July 1.