Blue Cross of Kansas, Inc. v. Bell

The opinion of the court was delivered by

Fromme, J.:

Blue Cross and Blue Shield of Kansas (BCBSK) commenced an action in the Shawnee County District Court against Fletcher Bell, Commissioner of Insurance, of Kansas (Commissioner), as provided for in K.S.A. 40-1806 and 40-1906 to seek review of an order of the Commissioner denying all requests for an increase in rates for the year 1979 requested by BCBSK. In addition BCBSK sought a declaratory judgment under K.S.A. 60-1701 et seq.

The parties on appeal to this court indicate this action is the first of its kind under K.S.A. 40-1806 and 40-1906.…