Printable Format40-251. Insurance commissioner; legal representation; judicial review of actions. (a) The attorney general shall represent the commissioner of insurance in any action to enforce a rule and regulation or order of the commissioner.
(b) Any action of the commissioner of insurance pursuant to law shall be subject to review in accordance with the Kansas judicial review act. The action for review shall be against the commissioner of insurance, not in the commissioner's individual name but in the commissioner's representative capacity.
(c) The state of Kansas shall represent the commissioner of insurance in any action brought against the commissioner in the commissioner's individual name where such activity was in connection with the performance of the commissioner's official duties.
History: L. 1927, ch. 231, 40-251; L. 1967, ch. 255, § 1; L. 1986, ch. 318, § 28; L. 2010, ch. 17, § 67; July 1.
CASE ANNOTATIONS
1. Section discussed in holding commissioner's duty under K.S.A. 40-703 ministerial only. Fidelity Life Ass'n v. Hobbs, 161 Kan. 163, 173, 166 P.2d 1001.
2. Mandamus to compel commissioner's approval of policy denied. John Hancock Mutual Life Ins. Co. v. Sullivan, 179 Kan. 167, 168, 169, 294 P.2d 234.
3. Commissioner's inclusion of second injury fund assessments exacted of Kansas companies by other states in computation of retaliatory tax is lawful and reasonable. Twin City Fire Ins. Co. v. Bell, 232 Kan. 813, 819, 658 P.2d 1038 (1983).