SECTIONS 1600-1605
INSURANCE CODE
SECTION 1600-1605
SECTION 1600-1605
1600. The commissioner shall require every foreign insurer, as acondition precedent to receiving and holding a certificate ofauthority, to file and maintain in the commissioner's office awriting designating an agent for service of process. The agentdesignated may be any person residing in this state, including, butnot limited to, any corporate officer of the insurer. The writingshall state the name of the agent and his or her place of business inthis state with sufficient particularity so that he or she canreadily be found by peace officers or process servers. Appointment ofan agent reasonably available for service of papers, notice, proofof loss, summons or other process during business hours shall becontinuously maintained by every admitted insurer subject to thisarticle while it holds a valid and unrevoked certificate ofauthority.1600.5. An agent designated by a foreign insurer as provided inthis article may file with the insurance commissioner a writtenstatement of resignation as such agent which shall be signed andexecution thereof shall be duly acknowledged by the agent. Thereupon,the authority of the agent to act in such capacity shall cease andthe commissioner shall forthwith give written notice of suchresignation by mail to the insurer addressed to its principal officeas shown by his records. If an agent who has been appointed by aforeign corporation as provided in this article dies or resigns orremoves his residence from the State of California, the insurer shallforthwith file with the commissioner an appointment of a new agenton a form provided by the commissioner for such purpose and pay thefiling fee therefor, and such filing shall be deemed to revoke anyprior designation of agent.1601. No fee shall be charged, except as included in theapplication for certificate of authority fee provided by Article 3(commencing with Section 699) of Chapter 1 of this part, for filingthe initial appointment under this article by an applicant foradmission. Thereafter the commissioner shall require the payment oftwenty-nine dollars ($29) in lawful money of the United States inadvance as a fee for filing appointment of agent or stipulation orboth by every admitted foreign or alien insurer, under this article.1602. Any notice provided by law or by a policy, and any proof ofloss, summons or other process may be served on such agent in anyaction or other legal proceeding against the insurer, and suchservice gives jurisdiction over the person of such insurer.1603. The person appointed and designated pursuant to Section 1600shall be deemed in law a general agent, and shall for service ofprocess be the principal agent of the insurer in this state.1604. Every foreign insurer, as a further condition precedent toadmission and in consideration thereof, shall file with thecommissioner an agreement or stipulation, executed by the properauthorities of such insurer, in form and substance as follows: "The (giving name of insurer) does hereby stipulate and agree, inconsideration of the permission granted by the State of California toit to transact insurance business in this State, that if at any timeit leaves this State, ceases to transact business in this State oris without an agent for service of process in this State, then in anycase where such agent could be served, service may be made upon theInsurance Commissioner, and such service upon the commissioner shallhave the same force and effect as if made upon the insurer." When a foreign insurer, prior to the date this code takes effect,has filed with the commissioner an agreement for service upon himpursuant to the provisions of section 616 of the Political Code asthen in effect, such filing is a compliance with this section whilesuch agreement remains in effect.1605. Service may be made upon the commissioner under thecircumstances described in the agreement or stipulation provided forby this article and in the manner provided in Article 1 (commencingwith Section 12919) of Chapter 2 of Division 3.