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



(b)  Service of process in an action or
proceeding shall be made in accordance with section 431:2-206.  Service is
sufficient if:



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



(2)  The defendant's receipt, or receipt issued by the
post office with which the letter is registered, showing the name of the sender
of the letter and the name and address of the person or insurer to whom the
letter is addressed, and an affidavit of the plaintiff or the plaintiff's
attorney in a court proceeding, or of the commissioner in an administrative
proceeding, are filed with the clerk of the court in which the proceeding is
pending or with the commissioner in administrative proceedings, on or before
the date the defendant is required to appear or respond, or within any further
time as the court or commissioner may allow.



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



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