American Trust Administrators, Inc. v. Kansas Insurance Dept.

The opinion of the court was delivered by

Davis, J.:

American Trust Administrators, Inc. (ATA) appeals the district court’s decision affirming the final decision of the Commissioner of Insurance (Commissioner) to withdraw approval of ATA’s stop-loss insurance policy.

ATA argues: (1) The Commissioner does not have jurisdiction to regulate stop-loss policies; (2) the Commissioner’s regulation fails to comply with the Kansas statutoiy rules governing regulatoiy procedure; (3) the regulation is an unconstitutional delegation of legislative power; and (4) federal law preempts the Commissioner’s…