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AMERICAN TRUST ADMINISTRATORS, INC. v. KANSAS INSURANCE DEPT.

No. 86,801.

273 Kan. 694 (2002)

44 P.3d 1253

AMERICAN TRUST ADMINISTRATORS, INC., Appellant/Cross-appellee, v. KATHLEEN SEBELIUS, as the Commissioner of Insurance for the State of Kansas, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed April 26, 2002.

Attorney(s) appearing for the Case

Justin T. Liby, Liby & McVay, L.L.C., of Kansas City, Missouri, argued the cause and was on the briefs for appellant/cross-appellee.

Rebecca A. Sanders, Kansas Insurance Department, argued the cause and was on the brief for appellee/cross-appellant.

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 statutory rules governing...

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