§431:2-205  Commissioner to receive serviceof legal process on foreign or alien insurer.  (a)  Each authorized foreignor alien insurer shall appoint the commissioner as its attorney to receiveservice of, and upon whom may be served, all legal process issued against it inthis State upon causes of action arising within this State.  Service upon thecommissioner as attorney shall constitute service upon the insurer.

(b)  With the appointment, the insurer shalldesignate by a name and address the person to whom the commissioner shallforward legal process so served upon the commissioner.  The insurer may changesuch person by filing a new designation.  However, the insurer's last knownprincipal office may be used by the commissioner in lieu of the designatedperson.

(c)  The insurer shall file with thecommissioner a resolution adopted by its board of directors or other governingboard consenting that service of process upon the commissioner in any action orproceeding against the insurer brought or pending in this State upon any causeof action arising in or growing out of business transacted in this State, shallbe valid service upon the insurer, and the consent shall be irrevocable, solong as a policy of insurance of such insurer shall remain in force in thisState, or any loss remains unpaid therein.

(d)  The insurer shall also file the name andbusiness address of its authorized resident agent upon whom process may beserved in all cases.  Until such time as the agent's authority is revoked by anotice in writing filed in the office of the commissioner, service may be hadupon the insurer by personal service upon the agent.  In case a corporation isdesignated as an agent, service of process may be had by serving the same uponthe president, vice-president, secretary, treasurer, or any director thereof;and in case a partnership is designated as an agent, service of process may behad by serving the same upon any member thereof.  Service may be had on eitherthe authorized agent or the commissioner. [L 1987, c 347, pt of §2]