Kansas SB240: Establishing procedures for a civil action instituted by the commissioner of insurance related to fraudulent insurance acts, providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act and including automobile assigned claims plans in provisions related to fraudulent insurance acts

What the bill says

An act concerning fraudulent insurance acts; establishing procedures for a civil action instituted by the commissioner of insurance and authorizing civil penalties, restitution and other relief; providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act; including automobile assigned claims plans in provisions related to fraudulent insurance acts; amending K.S.A. 21-6614, 40-2,118 and 40-2,119 and repealing the existing sections.

From the introduced text, February 6, 2025:

AN ACT concerning fraudulent insurance acts; establishing procedures for a civil action instituted by the commissioner of insurance and authorizing civil penalties, restitution and other relief; providing that expunged criminal records will be disclosed in any application for licensure as an insurance producer or public adjuster if the arrest, conviction or diversion is for a fraudulent insurance act; including automobile assigned claims plans in provisions related to fraudulent insurance acts; amending K.S.A. 21-6614, 40-2,118 and 40-2,119 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) If the commissioner believes that a person has committed a fraudulent insurance act, the commissioner may bring a civil action in the district court of Shawnee county or in the district court of any county in which an alleged fraudulent insurance act occurred. (b) In an action brought pursuant to this section, the burden of proof shall be on the commissioner to prove by a preponderance of the evidence that the person committed a fraudulent insurance act. (c) In an action pursuant to this section, if the court finds that the person committed a fraudulent insurance act, the court may: (1) Impose a civil penalty of up to $10,000 for each fraudulent insurance act, which shall be paid into the insurance department service regulation …