Kansas Administrative Regulations
Agency 40 - INSURANCE DEPARTMENT
Article 3 - FIRE AND CASUALTY INSURANCE
Section 40-3-22 - Marine, inland marine and transportation insurance
Universal Citation: KS Admin Regs 40-3-22
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Risks and coverage that may be classified under Kansas insurance laws as marine, inland marine, or transportation insurance shall be those specified in this regulation. This regulation shall not limit the insuring powers granted under charters and licenses.
(b) Unless otherwise permitted, marine, inland marine, and transportation insurance shall not insure any of the following:
(1) Storage
of insured's merchandise, unless specially permitted by this regulation;
(2) merchandise during manufacture
that is the property of the manufacturer and is on the manufacturer's premises;
(3) furniture and fixtures, or
other improvements to buildings; or
(4) money and securities stored in safes,
vaults, and safety deposit vaults at any bank, or on the insured's premises,
except while being transported.
(c) Any marine, inland marine, or transportation policy may insure the following:
(1) Imported property wherever located, if
the coverage includes risks of transportation. Property shall qualify for
coverage as an import if the property maintains its separate identity and has
not become mixed with other property in general commerce until one of the
following occurs:
(A) The property is sold or
delivered by the importer;
(B) the
property is taken from its place of storage and put on sale as part of the
importer's stock in trade at any sale or distribution point; or
(C) the property is delivered for
manufacture, processing, or change in form;
(2) exported property wherever located, if
the coverage includes risks of transportation. Property shall qualify for
coverage as an export if it meets the following conditions:
(A) Is designated for export or is being
prepared for export; and
(B) has
not been diverted for domestic trade;
(3) a domestic shipment that begins and ends
within the United States, if the coverage includes risks of transportation,
including the following:
(A) Property on
consignment while it is for sale or distribution; for exhibit, trial, approval,
or auction; in transit; in the custody of others; or being returned. Coverage
shall not apply to property while on any premises owned, leased, or operated by
the consignor;
(B) property that
is not on consignment, except under either of the following conditions:
(i) The property is on any manufacturing
premises; or
(ii) the property has
arrived at any premises owned, leased, or operated by the insured or purchaser;
(4) an
instrumentality of transportation or communication, excluding buildings and
their improvements, furniture, furnishings, ordinary contents, and stored
supplies. Instrumentalities of transportation or communication shall include
the following:
(A) Bridges, tunnels, and
similar transportation facilities, including their auxiliary structures and
equipment;
(B) piers, wharves,
docks, slips, dry docks, and marine railways;
(C) pipelines, including on-line propulsion,
regulating, and other related appurtenant equipment and excluding property at
manufacturing, producing, refining, converting, treating, or conditioning
plants;
(D) power transmission
lines or telephone and telegraph lines, excluding all property at generating,
converting, or transforming stations, substations, and exchanges;
(E) radio and television communication
equipment, including towers and antennae with their auxiliary equipment and
appurtenant electrical operating and control apparatus; and
(F) outdoor cranes, loading bridges, or
similar equipment used for loading, unloading, and transport;
(5) a policy for an individual,
including the following:
(A) A personal
effects policy;
(B) a personal
property policy;
(C) a government
service policy;
(D) a personal fur
policy;
(E) a personal jewelry
policy;
(F) a wedding present
policy, for up to 90 days after the wedding day;
(G) a silverware policy;
(H) a fine art policy, insuring paintings,
etchings, pictures, tapestries, art glass windows, and other works of art that
are rare or that have historical value or artistic merit;
(I) a stamp and coin policy;
(J) a musical instrument policy. "Musical
instrument" shall not include a radio, television, or record player, or any
combination of these items;
(K) a
mobile articles policy covering identified property of a mobile nature common
to a household. A floater shall not cover furniture and fixtures that are
customarily used on the premises where the property is usually kept;
(L) a machinery and equipment policy, except
for policies covering motor vehicles, auto homes, trailers, or semitrailers
designed for highway use. Trailers or semitrailers hauled by a tractor not
designed for highway use may be covered under this policy, however;
(M) an installment sales and leased property
policy covering property, except for motor vehicles designed for highway use,
that is in transit and meets either of the following conditions:
(i) Is sold under a conditional contract of
sale, partial payment contract, or installment sales contract; or
(ii) is leased. This policy shall not cover
beyond the termination of seller's or lessor's interest in the property; or
(N) a live animal
policy; or
(6) a
commercial property policy for business or professions, including the
following:
(A) A radium policy;
(B) a physicians' and surgeons' instrument
policy. The policy may also cover furniture, fixtures, and the insured's
interest in improvements to buildings located in those portions of the premises
occupied by the insured for professional purposes;
(C) a pattern and die policy;
(D) a theatrical policy. However, the policy
shall not cover buildings and their improvements and furniture and fixtures
that do not travel with theatrical troupes;
(E) a film policy covering either of the
following:
(i) A film during production; or
(ii) a completed negative,
positive, and sound recording;
(F) a salesmen's samples policy;
(G) an exhibition policy covering property
while on exhibition and while in transit to or from an exhibition;
(H) a live animal policy;
(I) a builders' risk or installation risk
policy, covering machinery, equipment, building materials, or supplies being
used with and during installation, testing, building, renovating, or repairing.
A policy may cover property designated for and awaiting specific installation,
building, renovating, or repairing under any of the following conditions:
(i) While at a point or place where work is
being performed;
(ii) while in
transit; or
(iii) during temporary
storage or deposit. The policy shall cover against perils in addition to fire
and extended coverage perils. Coverage shall cease when an insured owner
completes and accepts the building or installation and the insured seller's or
contractor's interest ceases;
(J) a mobile articles policy covering
identified property of a mobile nature that is in the custody or control of a
party who intends to use the property for its manufactured or created purpose.
The policy shall not cover furniture and fixtures that are not customarily used
away from the premises where the property is usually kept;
(K) a machinery and equipment policy, except
for a motor vehicle or snow plow designed for highway use, an auto home, or a
trailer or semitrailer unless hauled by a tractor not designed for highway use;
(L) a bailment policy covering
property in the custody of any bailee and while in transit to or from the
bailee. Any bailment policy may include coverage that will indemnify the owner
of the property for loss from specific perils subject to approval by the
commissioner of insurance pursuant to
K.S.A.
40-216(a) and amendments
thereto. The application of an additional or separate charge for the indemnity
coverage shall not constitute the transaction of the business of insurance if
the charge does not exceed the premium approved by the commissioner and the
bailee and if the bailee's employees or other organizations receive no
compensation or other valuable consideration for performing the administrative
tasks associated with the insurance coverage. The policy shall not insure
property if either of the following conditions is met:
(i) The property is owned by the bailee at
the bailee's premises; or
(ii) the
property is in the custody of any bailee owned, controlled, or operated by the
bailor;
(M) an
installment sales and leased property policy covering property, except a motor
vehicle designed for highway use, that is in transit and meets either of the
following conditions:
(i) Is sold under a
conditional contract of sale, partial payment contract, or installment sales
contract; or
(ii) is leased. The
policy shall not cover any point beyond the termination of the seller's or
lessor's interest in the property and shall not cover machinery and equipment
subject to certain "lease-back" contracts. A "leaseback" contract shall mean a
contract, expressed or implied, under which the property is purchased by the
lessor for the benefit and use of the lessor. This provision shall not apply to
"lease-back" contracts involving machinery and equipment for which marine or
inland marine coverage is otherwise permitted by this definition while the
machinery and equipment are in the custody of the lessee;
(N) a garment contractors policy;
(O) a furrier or fur storer policy covering
specified articles belonging to a customer for which the furrier or fur storer
issues a certificate or receipt to the customer;
(P) an accounts receivable policy and
valuable papers and records policy;
(Q) a floor plan policy covering property for
sale, except for an automobile or other motor vehicle designed for highway use,
while in transit and while in possession of any dealer under a plan by which
the dealer borrows money from a bank or lending institution with which to pay
the manufacturer. In addition, the following requirements shall be met:
(i) The property shall be specifically
identifiable as encumbered to the bank or lending institution;
(ii) the dealer's right to sell or otherwise
dispose of the property shall be conditioned upon its being released from
encumbrance by the bank or lending institution; and
(iii) the policy shall not cover any point
beyond the termination of the dealer's interest in the property;
(R) a sign and street clock
policy. The policy may include insurance of a neon sign, an automatic or
mechanical sign, and a street clock while in use;
(S) a fine art policy for the account of a
museum, gallery, university, business, municipality, or other similar interest,
covering paintings, etchings, pictures, tapestries, art glass windows, and
other works of art that are rare or have historical value or artistic merit;
(T) a dealers policy insuring a
dealer in personal property that may be covered specifically under an inland
marine policy by the ultimate purchaser. A policy under this paragraph may
cover money stored in locked safes or vaults on the insured's premises,
furniture, fixtures, tools, machinery, patterns, molds, dies, and the insured's
interest as a tenant in improvements to buildings. This policy may include the
following:
(i) Any musical instrument dealer
covering property consisting principally of musical instruments and their
accessories. Musical instruments shall not include radios, televisions, record
players, and any combinations of these items;
(ii) any camera dealer covering property
consisting principally of cameras and their accessories;
(iii) any fur dealer covering property
consisting principally of furs and fur garments;
(iv) any equipment dealer covering mobile
agricultural and construction equipment and accessories, except for motor
vehicles designed for highway use;
(v) any stamp or coin dealer covering
property of a philatelic or numismatic nature;
(vi) any jeweler's block; and
(vii) any fine art dealer;
(U) a woolgrower's policy;
(V) a domestic bulk liquid policy,
covering tanks and domestic bulk liquids stored in them;
(W) a difference-in-conditions policy. The
policy shall not insure against fire and extended coverage perils; and
(X) any electronic data processing
policy.
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