§431:2-205 - Commissioner to receive service of legal process on foreign or alien insurer.
§431:2-205 Commissioner to receive service
of legal process on foreign or alien insurer. (a) Each authorized foreign
or alien insurer shall appoint the commissioner as its attorney to receive
service of, and upon whom may be served, all legal process issued against it in
this State upon causes of action arising within this State. Service upon the
commissioner as attorney shall constitute service upon the insurer.
(b) With the appointment, the insurer shall
designate by a name and address the person to whom the commissioner shall
forward legal process so served upon the commissioner. The insurer may change
such person by filing a new designation. However, the insurer's last known
principal office may be used by the commissioner in lieu of the designated
person.
(c) The insurer shall file with the
commissioner a resolution adopted by its board of directors or other governing
board consenting that service of process upon the commissioner in any action or
proceeding against the insurer brought or pending in this State upon any cause
of action arising in or growing out of business transacted in this State, shall
be valid service upon the insurer, and the consent shall be irrevocable, so
long as a policy of insurance of such insurer shall remain in force in this
State, or any loss remains unpaid therein.
(d) The insurer shall also file the name and
business address of its authorized resident agent upon whom process may be
served in all cases. Until such time as the agent's authority is revoked by a
notice in writing filed in the office of the commissioner, service may be had
upon the insurer by personal service upon the agent. In case a corporation is
designated as an agent, service of process may be had by serving the same upon
the president, vice-president, secretary, treasurer, or any director thereof;
and in case a partnership is designated as an agent, service of process may be
had by serving the same upon any member thereof. Service may be had on either
the authorized agent or the commissioner. [L 1987, c 347, pt of §2]