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NATIONAL COUNCIL ON COMPENSATION INS. v. TODD

No. 73,250

258 Kan. 535 (1995)

NATIONAL COUNCIL ON COMPENSATION INSURANCE, A Florida Not-For-Profit Corporation, Appellee, v. RON TODD, COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1995.

Attorney(s) appearing for the Case

Brian J. Moline, special assistant attorney general, argued the cause and was on the brief for the appellant.

Wyatt A. Hoch, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause, and James L. Grimes, Jr., of the same firm, was with him on the brief for the appellee.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, was on the brief for amici curiae the Kansas Association of Insurance Agents and the Independent Insurance Agents of America, Inc.

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...

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