Terms Used In Kansas Statutes 40-2,134

  • Insurer: means any person, firm, association or corporation duly licensed in this state as an insurance company. See Kansas Statutes 40-2,130
  • MGA: means any person, firm, association or corporation who manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross written premium equal to or more than 5% of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:

    (1) Adjusts or pays claims in excess of an amount determined by the commissioner; or

    (2) negotiates reinsurance on behalf of the insurer. See Kansas Statutes 40-2,130

The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined pursuant to Kan. Stat. Ann. §§ 40-222 and 40-223, and amendments thereto, as if it were the insurer.