40-218.Actions and garnishment proceedings againstinsurancecompanies; process; venue; procedure; fee; record of commissioner.Every insurance company, or fraternal benefit society, on applying forauthority to transact business in this state, and as a condition precedentto obtaining such authority, shall file in the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such company or fraternal benefit society in theproper court of any county in this state in which the cause of action shallarise or in which the plaintiff may reside by the service of process on thecommissioner of insurance of this state, and stipulating and agreeing thatsuch service shall be taken and held in all courts to be as valid andbinding as if due service had been made upon the president or chief officerof such corporation. Such consent shall be executed by the president andsecretary of the company andshall be accompanied by a duly certified copy of the order or resolution ofthe board of directors, trustees or managers authorizing the president andsecretary to execute the same. The summons or order of garnishment,accompanied by a fee of $25, shallbe directed to the commissioner of insurance, andshall require the defendant or garnishee to answer or otherwise respondby a certain day, not less than40 days from the date the summons or order of garnishment isserved on the commissioner.
Service on the commissioner of insurance of any process,notice or demand against an insurance company or fraternal benefit societyshall be made by delivering to and leaving with the commissioner or thecommissioner's designee, the original of the process and two copies of theprocess and the petition, notice ofdemand, or the clerk of the court may send the original process and two copiesof both the process and petition, notice or demand directly to the commissionerby certified mail, return receipt requested. In the event that anyprocess, notice or demand is served on the commissioner, the commissioner shallimmediately cause a copy thereof to be forwarded by certified mail, returnreceipt requested to theinsurance company or fraternal benefit society address to its general agent ifsuch agent resides in this state or to the secretary of the insurance companyor fraternal benefit society sued at its registered or principal office inany state in which it is domesticated. The commissioner of insuranceshall make return of the summons tothe court from whence it issued, showing the date of its receipt,the date of forwarding such copies, and the name and address of each personto whom a copy was forwarded. Such return shall beunder the hand and sealof office, and shall have the same force and effect as a due and sufficientreturn made on process directed to a sheriff. Thecommissioner of insurance shall keep a suitable record in which shallbe docketed every action commenced against an insurancecompany, the time whencommenced, the date and manner of service; also the date of the judgment,its amount and costs, and the date of payment thereof, which shall becertified from time to time by the clerk of the court.
40-218.Actions and garnishment proceedings againstinsurancecompanies; process; venue; procedure; fee; record of commissioner.Every insurance company, or fraternal benefit society, on applying forauthority to transact business in this state, and as a condition precedentto obtaining such authority, shall file in the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such company or fraternal benefit society in theproper court of any county in this state in which the cause of action shallarise or in which the plaintiff may reside by the service of process on thecommissioner of insurance of this state, and stipulating and agreeing thatsuch service shall be taken and held in all courts to be as valid andbinding as if due service had been made upon the president or chief officerof such corporation. Such consent shall be executed by the president andsecretary of the company andshall be accompanied by a duly certified copy of the order or resolution ofthe board of directors, trustees or managers authorizing the president andsecretary to execute the same. The summons or order of garnishment,accompanied by a fee of $25, shallbe directed to the commissioner of insurance, andshall require the defendant or garnishee to answer or otherwise respondby a certain day, not less than40 days from the date the summons or order of garnishment isserved on the commissioner.
Service on the commissioner of insurance of any process,notice or demand against an insurance company or fraternal benefit societyshall be made by delivering to and leaving with the commissioner or thecommissioner's designee, the original of the process and two copies of theprocess and the petition, notice ofdemand, or the clerk of the court may send the original process and two copiesof both the process and petition, notice or demand directly to the commissionerby certified mail, return receipt requested. In the event that anyprocess, notice or demand is served on the commissioner, the commissioner shallimmediately cause a copy thereof to be forwarded by certified mail, returnreceipt requested to theinsurance company or fraternal benefit society address to its general agent ifsuch agent resides in this state or to the secretary of the insurance companyor fraternal benefit society sued at its registered or principal office inany state in which it is domesticated. The commissioner of insuranceshall make return of the summons tothe court from whence it issued, showing the date of its receipt,the date of forwarding such copies, and the name and address of each personto whom a copy was forwarded. Such return shall beunder the hand and sealof office, and shall have the same force and effect as a due and sufficientreturn made on process directed to a sheriff. Thecommissioner of insurance shall keep a suitable record in which shallbe docketed every action commenced against an insurancecompany, the time whencommenced, the date and manner of service; also the date of the judgment,its amount and costs, and the date of payment thereof, which shall becertified from time to time by the clerk of the court.
40-218.Actions and garnishment proceedings againstinsurancecompanies; process; venue; procedure; fee; record of commissioner.Every insurance company, or fraternal benefit society, on applying forauthority to transact business in this state, and as a condition precedentto obtaining such authority, shall file in the insurance department itswritten consent, irrevocable, that any action or garnishment proceeding maybe commenced against such company or fraternal benefit society in theproper court of any county in this state in which the cause of action shallarise or in which the plaintiff may reside by the service of process on thecommissioner of insurance of this state, and stipulating and agreeing thatsuch service shall be taken and held in all courts to be as valid andbinding as if due service had been made upon the president or chief officerof such corporation. Such consent shall be executed by the president andsecretary of the company andshall be accompanied by a duly certified copy of the order or resolution ofthe board of directors, trustees or managers authorizing the president andsecretary to execute the same. The summons or order of garnishment,accompanied by a fee of $25, shallbe directed to the commissioner of insurance, andshall require the defendant or garnishee to answer or otherwise respondby a certain day, not less than40 days from the date the summons or order of garnishment isserved on the commissioner.
Service on the commissioner of insurance of any process,notice or demand against an insurance company or fraternal benefit societyshall be made by delivering to and leaving with the commissioner or thecommissioner's designee, the original of the process and two copies of theprocess and the petition, notice ofdemand, or the clerk of the court may send the original process and two copiesof both the process and petition, notice or demand directly to the commissionerby certified mail, return receipt requested. In the event that anyprocess, notice or demand is served on the commissioner, the commissioner shallimmediately cause a copy thereof to be forwarded by certified mail, returnreceipt requested to theinsurance company or fraternal benefit society address to its general agent ifsuch agent resides in this state or to the secretary of the insurance companyor fraternal benefit society sued at its registered or principal office inany state in which it is domesticated. The commissioner of insuranceshall make return of the summons tothe court from whence it issued, showing the date of its receipt,the date of forwarding such copies, and the name and address of each personto whom a copy was forwarded. Such return shall beunder the hand and sealof office, and shall have the same force and effect as a due and sufficientreturn made on process directed to a sheriff. Thecommissioner of insurance shall keep a suitable record in which shallbe docketed every action commenced against an insurancecompany, the time whencommenced, the date and manner of service; also the date of the judgment,its amount and costs, and the date of payment thereof, which shall becertified from time to time by the clerk of the court.
