About |
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.
Lonnie LuPardus (above, left) the plaintiff, asserts standing to pursue judicial review of agency actions under the criteria that the contested agency actions are directed towards him, rendering him the primary subject. The defendant, Vicki Schmidt (above, right), holds the position of Commissioner of Insurance for the State of Kansas.
Statement of Issues for Judicial Review:
LuPardus found himself in a predicament following the unwarranted repudiation of his insurance claims by his provider, Homesite Insurance [Homesite Indemnity Company – Owned by American Family Insurance].
Despite the Kansas Insurance Department's pivotal role as the regulator responsible for enforcing adherence to the Unfair Claims Settlement Practices Act , LuPardus alleges that he has encountered formidable impediments in securing equitable relief for his grievances. He has filed multiple complaints with the Kansas Insurance Department, all of which have remained unaddressed or ignored.
The complaints encompass a range of infractions, including unjust repudiations of claims, improprieties in claims handling, and other conduct that undermines the equitable and ethical treatment of policyholders. LuPardus asserts that these grievances indicate a failure to adequately regulate insurance companies and ensure consumer protection.
Administrative Decisions:
Despite LuPardus’ efforts to collaborate with the Kansas Insurance Department regarding his complaints, he claims to have encountered a profound lack of assistance from the department. He alleges receiving threats and harassment from the department, including threats to interfere with his ongoing civil litigation against his insurance provider.
Legal Arguments and Justification for Judicial Review:
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.
-------------
Lonnie LuPardus – Gardner, Kansas
October 19, 2023