National Council on Compensation Insurance v. Todd

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the Kansas Insurance Department (KID). The trial court held that K.A.R. 40-3-50, a regulation promulgated by KID, exceeded the statutory authority of K.S.A. 40-1117, which KID relied on in promulgating the regulation. The trial court also found the regulation constituted a public taking without just compensation, thereby violating the 5th and 14th Amendments of the United States Constitution.

The regulation in question was adopted by KID at the request of the Kansas Association of Insurance Agents. The regulation has the…