§431:8-207  Legal process againstunauthorized insurer; how service of process made.  (a)  Any act oftransacting an insurance business in this State by any unauthorized insurer isequivalent to and shall constitute an irrevocable appointment by such insurer,binding upon the insurer, the insurer's personal representative, or successorin interest if a corporation, of the commissioner or the commissioner'ssuccessor in office, to be the true and lawful attorney of the insurer uponwhom may be served all lawful process in any action, suit, or proceeding in anycourt by the commissioner or by the State or others, and upon whom may beserved any notice, order, pleading, or process in any proceeding before thecommissioner, and which arises out of transacting an insurance business in thisState by such insurer.  Any act of transacting an insurance business in thisState by any unauthorized insurer shall be acknowledgement of its agreementthat such service of process is of the same legal force and validity as personalservice of process in this State upon the insurer.

(b)  Service of process in an action orproceeding shall be made in accordance with section 431:2-206.  Service issufficient if:

(1)  Notice of service and a copy of the court processor the notice, order, pleading, or process in the administrative proceeding aresent within ten days by registered mail by the plaintiff or the plaintiff'sattorney in the court proceeding, or by the commissioner in the administrativeproceeding, to the defendant or defendant's agent or representative at thedefendant's last known principal place of business;

(2)  The defendant's receipt, or receipt issued by thepost office with which the letter is registered, showing the name of the senderof the letter and the name and address of the person or insurer to whom theletter is addressed, and an affidavit of the plaintiff or the plaintiff'sattorney in a court proceeding, or of the commissioner in an administrativeproceeding, are filed with the clerk of the court in which the proceeding ispending or with the commissioner in administrative proceedings, on or beforethe date the defendant is required to appear or respond, or within any furthertime as the court or commissioner may allow.

(c)  No plaintiff shall be entitled to ajudgment or a determination by default in any court or administrativeproceeding in which process is served under this section until the expirationof forty days from the date of filing of the affidavit of compliance.

(d)  Nothing in this section shall limit oraffect the right to serve any process, notice, order, or demand upon any personor insurer in any other manner now or hereafter permitted by law. [L 1987, c347, pt of §2; am L 2006, c 154, §6]