Lawyers, judges and insurance departments often have difficulty with the difference between an insurance agent and an insurance broker. Simply, a broker only represents the insured by transacting insurance with, but not on behalf of, the insurer. An agent transacts insurance with and on behalf of the insurer. Because the Kansas Insurance Dept. had difficulty with the difference, Golden Rule Insurance Co. was compelled to appeal a trial court's decision affirming the Kansas Insurance Dept.'s order finding it in violation of two provisions of the Kansas unfair trade practices law.
Golden Rule Insurance Co. challenged the Department's findings that it committed unfair claim settlement practices in Golden Rule Insurance Co. v. Robert M. Tomlinson, in his official capacity as the Assistant Commissioner of Insurance of the State of Kansas acting on behalf of the Commissioner of Insurance of the State of Kansas, and the Kansas Insurance Dept., No. 105,245 (Kan.App. 04/27/2012).
Facts and Procedural History
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