40-2002.Commissioner as process agent for unauthorized insurer;service of process.(a) Any of the following acts in this state, effected by mail orotherwise, by an unauthorized foreign or alien insurer: (1) The issuanceor delivery of contracts of insurance to residents of this state or tocorporations authorized to do business therein; (2) the solicitation ofapplications for such contracts; (3) the collection of premiums,membership fees, assessments or other considerations for such contracts;or (4) any other transaction of insurance business, is equivalent to andshall constitute an appointment by such insurer of the commissioner ofinsurance and his successor or successors in office, to be its true andlawful attorney, upon whom may be served all lawful process in anyaction, suit, or proceeding instituted by or on behalf of an insured orbeneficiary arising out of any such contract of insurance, and any suchact shall be signification of its agreement that such service of processis of the same legal force and validity as personal service of processin this state upon such insurer.
(b) Such service of process shall be made by delivering to andleaving with the commissioner of insurance or some person in apparentcharge of his office two copies thereof and the payment to him of suchfees as may be prescribed by law. The commissioner of insurance shallforthwith mail by registered mail one of the copies of such process tothe defendant at its last known principal place of business, and shallkeep a record of all process so served upon him. Such service of processis sufficient, provided notice of such service and a copy of the processare sent within ten days thereafter by registered mail by plaintiff orplaintiff's attorney to the defendant at its last known principal placeof business, and the defendant's receipt, or receipt issued by the postoffice with which the letter is registered; showing the name of thesender of the letter and the name and address of the person to whom theletter is addressed, and the affidavit of the plaintiff or plaintiff'sattorney showing a compliance herewith are filed with the clerk of thecourt in which such action is pending on or before the date thedefendant is required to appear, or within such further time as thecourt may allow.
(c) Service of process in any such action, suit or proceeding shallin addition to the manner provided in subsection (b) of this section bevalid if served upon any person within the state who, in this state onbehalf of such insurer, is
(1) soliciting insurance, or
(2) making, issuing or delivering any contract of insurance, or
(3) collecting or receiving any premium, membership fee, assessmentor other consideration for insurance; and a copy of such process is sentwithin ten days thereafter by registered mail by the plaintiff orplaintiff's attorney to the defendant at the last known principal placeof business of the defendant, and the defendant's receipt, or thereceipt 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 ofthe person to whom the letter is addressed, and the affidavit of theplaintiff or plaintiff's attorney showing a compliance herewith arefiled with the clerk of the court in which such action is pending on orbefore the date the defendant is required to appear, or within suchfurther time as the court may allow.
(d) No plaintiff or complainant shall be entitled to a judgment bydefault under this section until the expiration of thirty days from thedate of the filing of the affidavit of compliance.
(e) Nothing in this section contained shall limit or abridge theright to serve any process, notice or demand upon any insurer in anyother manner now or hereafter permitted by law.
40-2002.Commissioner as process agent for unauthorized insurer;service of process.(a) Any of the following acts in this state, effected by mail orotherwise, by an unauthorized foreign or alien insurer: (1) The issuanceor delivery of contracts of insurance to residents of this state or tocorporations authorized to do business therein; (2) the solicitation ofapplications for such contracts; (3) the collection of premiums,membership fees, assessments or other considerations for such contracts;or (4) any other transaction of insurance business, is equivalent to andshall constitute an appointment by such insurer of the commissioner ofinsurance and his successor or successors in office, to be its true andlawful attorney, upon whom may be served all lawful process in anyaction, suit, or proceeding instituted by or on behalf of an insured orbeneficiary arising out of any such contract of insurance, and any suchact shall be signification of its agreement that such service of processis of the same legal force and validity as personal service of processin this state upon such insurer.
(b) Such service of process shall be made by delivering to andleaving with the commissioner of insurance or some person in apparentcharge of his office two copies thereof and the payment to him of suchfees as may be prescribed by law. The commissioner of insurance shallforthwith mail by registered mail one of the copies of such process tothe defendant at its last known principal place of business, and shallkeep a record of all process so served upon him. Such service of processis sufficient, provided notice of such service and a copy of the processare sent within ten days thereafter by registered mail by plaintiff orplaintiff's attorney to the defendant at its last known principal placeof business, and the defendant's receipt, or receipt issued by the postoffice with which the letter is registered; showing the name of thesender of the letter and the name and address of the person to whom theletter is addressed, and the affidavit of the plaintiff or plaintiff'sattorney showing a compliance herewith are filed with the clerk of thecourt in which such action is pending on or before the date thedefendant is required to appear, or within such further time as thecourt may allow.
(c) Service of process in any such action, suit or proceeding shallin addition to the manner provided in subsection (b) of this section bevalid if served upon any person within the state who, in this state onbehalf of such insurer, is
(1) soliciting insurance, or
(2) making, issuing or delivering any contract of insurance, or
(3) collecting or receiving any premium, membership fee, assessmentor other consideration for insurance; and a copy of such process is sentwithin ten days thereafter by registered mail by the plaintiff orplaintiff's attorney to the defendant at the last known principal placeof business of the defendant, and the defendant's receipt, or thereceipt 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 ofthe person to whom the letter is addressed, and the affidavit of theplaintiff or plaintiff's attorney showing a compliance herewith arefiled with the clerk of the court in which such action is pending on orbefore the date the defendant is required to appear, or within suchfurther time as the court may allow.
(d) No plaintiff or complainant shall be entitled to a judgment bydefault under this section until the expiration of thirty days from thedate of the filing of the affidavit of compliance.
(e) Nothing in this section contained shall limit or abridge theright to serve any process, notice or demand upon any insurer in anyother manner now or hereafter permitted by law.
40-2002.Commissioner as process agent for unauthorized insurer;service of process.(a) Any of the following acts in this state, effected by mail orotherwise, by an unauthorized foreign or alien insurer: (1) The issuanceor delivery of contracts of insurance to residents of this state or tocorporations authorized to do business therein; (2) the solicitation ofapplications for such contracts; (3) the collection of premiums,membership fees, assessments or other considerations for such contracts;or (4) any other transaction of insurance business, is equivalent to andshall constitute an appointment by such insurer of the commissioner ofinsurance and his successor or successors in office, to be its true andlawful attorney, upon whom may be served all lawful process in anyaction, suit, or proceeding instituted by or on behalf of an insured orbeneficiary arising out of any such contract of insurance, and any suchact shall be signification of its agreement that such service of processis of the same legal force and validity as personal service of processin this state upon such insurer.
(b) Such service of process shall be made by delivering to andleaving with the commissioner of insurance or some person in apparentcharge of his office two copies thereof and the payment to him of suchfees as may be prescribed by law. The commissioner of insurance shallforthwith mail by registered mail one of the copies of such process tothe defendant at its last known principal place of business, and shallkeep a record of all process so served upon him. Such service of processis sufficient, provided notice of such service and a copy of the processare sent within ten days thereafter by registered mail by plaintiff orplaintiff's attorney to the defendant at its last known principal placeof business, and the defendant's receipt, or receipt issued by the postoffice with which the letter is registered; showing the name of thesender of the letter and the name and address of the person to whom theletter is addressed, and the affidavit of the plaintiff or plaintiff'sattorney showing a compliance herewith are filed with the clerk of thecourt in which such action is pending on or before the date thedefendant is required to appear, or within such further time as thecourt may allow.
(c) Service of process in any such action, suit or proceeding shallin addition to the manner provided in subsection (b) of this section bevalid if served upon any person within the state who, in this state onbehalf of such insurer, is
(1) soliciting insurance, or
(2) making, issuing or delivering any contract of insurance, or
(3) collecting or receiving any premium, membership fee, assessmentor other consideration for insurance; and a copy of such process is sentwithin ten days thereafter by registered mail by the plaintiff orplaintiff's attorney to the defendant at the last known principal placeof business of the defendant, and the defendant's receipt, or thereceipt 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 ofthe person to whom the letter is addressed, and the affidavit of theplaintiff or plaintiff's attorney showing a compliance herewith arefiled with the clerk of the court in which such action is pending on orbefore the date the defendant is required to appear, or within suchfurther time as the court may allow.
(d) No plaintiff or complainant shall be entitled to a judgment bydefault under this section until the expiration of thirty days from thedate of the filing of the affidavit of compliance.
(e) Nothing in this section contained shall limit or abridge theright to serve any process, notice or demand upon any insurer in anyother manner now or hereafter permitted by law.
