LuPardus sues Vicki Schmidt for failure to regulate the insurance companies in the state of Kansas

OLATHE, Kan. - Oct. 19, 2023 - PRLog -- Lonnie LuPardus, a resident of Johnson County, Kansas, has filed a Verified Petition for Judicial Review and a Request for Writ of Mandamus against Vicki Schmidt, the Commissioner of Insurance, and the Kansas Insurance Department in the 10th District Court of Johnson County Kansas. LuPardus alleges a failure on the part of Schmidt to regulate insurance companies operating in the state and her failure to uphold Kansas insurance laws.

LuPardus argues that Vicki Schmidt, as the Commissioner of Insurance, is legally bound to uphold the regulatory framework governing insurance entities within the state, ensuring compliance with established standards and the equitable treatment of policyholders. However, he contends that the department's refusal to regulate the insurance company or address his complaints demonstrates a failure to fulfill its statutory obligations.

The absence of regulatory enforcement leaves individuals like LuPardus with limited available remedies, as they cannot initiate private causes of action against insurance companies for violations of the Unfair Claims Settlement Practices Act. The plaintiff's ability to obtain relief hinges on the actions, or lack thereof, taken by regulatory authorities.

The case has the potential to highlight the importance of regulatory bodies in ensuring compliance with insurance laws and protecting consumers from unfair treatment by insurance companies. LuPardus' pursuit of judicial review and a writ of mandamus underscores the need for transparency, accountability, and responsiveness within the Kansas Insurance Department.