40-3801. Regulation and registration of administrators; administrator defined. Wherever the term "administrator" is used in this act, it shall mean any person, company, corporation, partnership or other legal entity who collects charges or premiums from, or who adjusts or settles claims on, residents of this state in connection with life or accident and sickness insurance coverage or annuities other than: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer, (2) a union or association on behalf of its members, (3) an insurance company which is either licensed in this state or acting as an insurer with respect to a policy lawfully issued and delivered by it in and pursuant to the laws of a state in which the insurer was authorized to do an insurance business, or organizations transacting business in this state pursuant to articles 18, 19, 19a, 19b or 32 of chapter 40, Kansas Statutes Annotated, including their sales representatives when engaged in the performance of their duties as such, (4) a life or accident and sickness agent licensed in this state whose activities are limited exclusively to the sale and service of insurance, (5) a creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors, (6) a trust, its trustees, agents and employees acting thereunder, established in conformity with 29 U.S.C. 186, (7) a trust exempt from taxation under section 501(a) of the internal revenue code, its trustees, and employees acting thereunder, or a custodian, its agents and employees acting pursuant to a custodian account which meets the requirements of section 401(f) of the internal revenue code, (8) a bank, credit union or other financial institution which is subject to supervision or examination by federal or state banking authorities, (9) a credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims, or (10) a person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney at law, and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities. |
