PART VII. MISCELLANEOUS

 

§432:2-701  Service of process.  (a) Every society authorized to do business in this State shall appoint in writingthe commissioner and each successor in office to be its true and lawfulattorney upon whom all lawful process in any action or proceeding against itshall be served, and shall agree in such writing that any lawful processagainst it which is served on said attorney shall be of the same legal forceand validity as if served upon the society, and that the authority shallcontinue in force so long as any liability remains outstanding in this State. Copies of such appointment, certified by the commissioner, shall be deemedsufficient evidence thereof and shall be admitted in evidence with the forceand effect as the original thereof might be admitted.

(b)  Service shall only be made upon thecommissioner, [or] if absent, upon the person in charge of the commissioner'soffice.  It shall be made in duplicate and shall constitute sufficient serviceupon the society.  When legal process against a society is served upon thecommissioner, the commissioner shall forthwith forward one of the duplicatecopies by registered mail, prepaid, directed to the secretary or correspondingofficer.  No such service shall require a society to file its answer, pleadingor defense in less than thirty days from the date of mailing the copy of theservice to a society.  Legal process shall not be served upon a society exceptin the manner herein provided.  At the time of serving any process upon thecommissioner, the plaintiff or complainant in the action shall pay to thecommissioner a fee of $7.50. [L 1987, c 347, pt of §2]