Foreign companies to appoint director to receiveservice--methods--penalty.
375.906. 1. No insurance company or association not incorporated ororganized under the laws of this state shall directly or indirectly issuepolicies, take risks, or transact business in this state, until it shall havefirst executed an irrevocable power of attorney in writing, appointing andauthorizing the director of the department of insurance, financialinstitutions and professional registration of this state to acknowledge orreceive service of all lawful process, for and on behalf of the company, inany action against the company, instituted in any court of this state, or inany court of the United States in this state, and consenting that service uponthe director shall be deemed personal service upon the company.
2. Service of process shall be made by delivery of a copy of thepetition and summons to the director of the department of insurance, financialinstitutions and professional registration, the deputy director of thedepartment of insurance, financial institutions and professional registration,or the chief clerk of the department of insurance, financial institutions andprofessional registration at the office of the director of the department ofinsurance, financial institutions and professional registration at JeffersonCity, Missouri, and service as aforesaid shall be valid and binding in allactions brought by residents of this state upon any policy issued or matured,or upon any liability accrued in this state, or on any policy issued in anyother state in which the resident is named as beneficiary, and in all actionsbrought by nonresidents of this state upon any policy issued in this state inwhich the nonresident is named beneficiary or which has been assigned to thenonresident, and in all actions brought by nonresidents of this state on acause of action, other than an action on a policy of insurance, which arisesout of business transacted, acts done, or contracts made in this state.
3. In case the process is issued by an associate circuit judge, the samemay be directed to and served by any officer authorized to serve process inthe city or county where the director of the department of insurance,financial institutions and professional registration has his office, at leastfifteen days before the return thereof.
4. Every instrument of appointment executed by the company shall beattested by the seal of the company and shall recite the whole of thissection, and shall be accompanied by a copy of a resolution of the board ofdirectors or trustees of the company similarly attested, showing that thepresident and secretary or other chief officers of the company are authorizedto execute the instruments on behalf of the company; and if any company fails,neglects, or refuses to appoint and maintain within this state an attorney oragent in the manner herein described, it shall forfeit the right to do orcontinue business in this state.
5. Whenever process is served upon the director of the department ofinsurance, financial institutions and professional registration, the deputydirector of the department of insurance, financial institutions andprofessional registration, or the chief clerk of the department of insurance,financial institutions and professional registration under the provisions ofthis section, the process shall immediately be forwarded by first class mailprepaid and directed to the secretary of the company, or, in the case of analien company, to the United States manager or last appointed general agent ofthe company in this country; provided, that there shall be kept in the officeof the director of the department of insurance, financial institutions andprofessional registration a permanent record showing for all process servedthe name of the plaintiff and defendant, the court from which the summonsissued, the name and title of the officer serving same, and the day and hourof the service.
For service outside this state see Chap. 506, RSMo
(1959) Service under subsection 2 of § 375.210 on insurance company in Arkansas, in action in Missouri court on Arkansas statute giving right of action against insurer of institution not subject to suit for tort, held ineffective to confer jurisdiction on Missouri court. Dodson v. Travelers Ins. Co., 266 F.2d 52.
(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies. State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.
(1964) Where surety agreed in bail bond that circuit clerk was its agent for service of process concerning the forfeiture of the bond, surety could not successfully contend in proceedings to obtain default judgment on forfeited bond under court rule 32.12 that it should have been served pursuant to provisions of section 375.210. State v. Virgilito (Mo.), 377 S.W.2d 361.
Foreign companies to appoint director to receiveservice--methods--penalty.
375.906. 1. No insurance company or association not incorporated ororganized under the laws of this state shall directly or indirectly issuepolicies, take risks, or transact business in this state, until it shall havefirst executed an irrevocable power of attorney in writing, appointing andauthorizing the director of the department of insurance, financialinstitutions and professional registration of this state to acknowledge orreceive service of all lawful process, for and on behalf of the company, inany action against the company, instituted in any court of this state, or inany court of the United States in this state, and consenting that service uponthe director shall be deemed personal service upon the company.
2. Service of process shall be made by delivery of a copy of thepetition and summons to the director of the department of insurance, financialinstitutions and professional registration, the deputy director of thedepartment of insurance, financial institutions and professional registration,or the chief clerk of the department of insurance, financial institutions andprofessional registration at the office of the director of the department ofinsurance, financial institutions and professional registration at JeffersonCity, Missouri, and service as aforesaid shall be valid and binding in allactions brought by residents of this state upon any policy issued or matured,or upon any liability accrued in this state, or on any policy issued in anyother state in which the resident is named as beneficiary, and in all actionsbrought by nonresidents of this state upon any policy issued in this state inwhich the nonresident is named beneficiary or which has been assigned to thenonresident, and in all actions brought by nonresidents of this state on acause of action, other than an action on a policy of insurance, which arisesout of business transacted, acts done, or contracts made in this state.
3. In case the process is issued by an associate circuit judge, the samemay be directed to and served by any officer authorized to serve process inthe city or county where the director of the department of insurance,financial institutions and professional registration has his office, at leastfifteen days before the return thereof.
4. Every instrument of appointment executed by the company shall beattested by the seal of the company and shall recite the whole of thissection, and shall be accompanied by a copy of a resolution of the board ofdirectors or trustees of the company similarly attested, showing that thepresident and secretary or other chief officers of the company are authorizedto execute the instruments on behalf of the company; and if any company fails,neglects, or refuses to appoint and maintain within this state an attorney oragent in the manner herein described, it shall forfeit the right to do orcontinue business in this state.
5. Whenever process is served upon the director of the department ofinsurance, financial institutions and professional registration, the deputydirector of the department of insurance, financial institutions andprofessional registration, or the chief clerk of the department of insurance,financial institutions and professional registration under the provisions ofthis section, the process shall immediately be forwarded by first class mailprepaid and directed to the secretary of the company, or, in the case of analien company, to the United States manager or last appointed general agent ofthe company in this country; provided, that there shall be kept in the officeof the director of the department of insurance, financial institutions andprofessional registration a permanent record showing for all process servedthe name of the plaintiff and defendant, the court from which the summonsissued, the name and title of the officer serving same, and the day and hourof the service.
For service outside this state see Chap. 506, RSMo
(1959) Service under subsection 2 of § 375.210 on insurance company in Arkansas, in action in Missouri court on Arkansas statute giving right of action against insurer of institution not subject to suit for tort, held ineffective to confer jurisdiction on Missouri court. Dodson v. Travelers Ins. Co., 266 F.2d 52.
(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies. State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.
(1964) Where surety agreed in bail bond that circuit clerk was its agent for service of process concerning the forfeiture of the bond, surety could not successfully contend in proceedings to obtain default judgment on forfeited bond under court rule 32.12 that it should have been served pursuant to provisions of section 375.210. State v. Virgilito (Mo.), 377 S.W.2d 361.
Foreign companies to appoint director to receiveservice--methods--penalty.
375.906. 1. No insurance company or association not incorporated ororganized under the laws of this state shall directly or indirectly issuepolicies, take risks, or transact business in this state, until it shall havefirst executed an irrevocable power of attorney in writing, appointing andauthorizing the director of the department of insurance, financialinstitutions and professional registration of this state to acknowledge orreceive service of all lawful process, for and on behalf of the company, inany action against the company, instituted in any court of this state, or inany court of the United States in this state, and consenting that service uponthe director shall be deemed personal service upon the company.
2. Service of process shall be made by delivery of a copy of thepetition and summons to the director of the department of insurance, financialinstitutions and professional registration, the deputy director of thedepartment of insurance, financial institutions and professional registration,or the chief clerk of the department of insurance, financial institutions andprofessional registration at the office of the director of the department ofinsurance, financial institutions and professional registration at JeffersonCity, Missouri, and service as aforesaid shall be valid and binding in allactions brought by residents of this state upon any policy issued or matured,or upon any liability accrued in this state, or on any policy issued in anyother state in which the resident is named as beneficiary, and in all actionsbrought by nonresidents of this state upon any policy issued in this state inwhich the nonresident is named beneficiary or which has been assigned to thenonresident, and in all actions brought by nonresidents of this state on acause of action, other than an action on a policy of insurance, which arisesout of business transacted, acts done, or contracts made in this state.
3. In case the process is issued by an associate circuit judge, the samemay be directed to and served by any officer authorized to serve process inthe city or county where the director of the department of insurance,financial institutions and professional registration has his office, at leastfifteen days before the return thereof.
4. Every instrument of appointment executed by the company shall beattested by the seal of the company and shall recite the whole of thissection, and shall be accompanied by a copy of a resolution of the board ofdirectors or trustees of the company similarly attested, showing that thepresident and secretary or other chief officers of the company are authorizedto execute the instruments on behalf of the company; and if any company fails,neglects, or refuses to appoint and maintain within this state an attorney oragent in the manner herein described, it shall forfeit the right to do orcontinue business in this state.
5. Whenever process is served upon the director of the department ofinsurance, financial institutions and professional registration, the deputydirector of the department of insurance, financial institutions andprofessional registration, or the chief clerk of the department of insurance,financial institutions and professional registration under the provisions ofthis section, the process shall immediately be forwarded by first class mailprepaid and directed to the secretary of the company, or, in the case of analien company, to the United States manager or last appointed general agent ofthe company in this country; provided, that there shall be kept in the officeof the director of the department of insurance, financial institutions andprofessional registration a permanent record showing for all process servedthe name of the plaintiff and defendant, the court from which the summonsissued, the name and title of the officer serving same, and the day and hourof the service.
For service outside this state see Chap. 506, RSMo
(1959) Service under subsection 2 of § 375.210 on insurance company in Arkansas, in action in Missouri court on Arkansas statute giving right of action against insurer of institution not subject to suit for tort, held ineffective to confer jurisdiction on Missouri court. Dodson v. Travelers Ins. Co., 266 F.2d 52.
(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies. State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.
(1964) Where surety agreed in bail bond that circuit clerk was its agent for service of process concerning the forfeiture of the bond, surety could not successfully contend in proceedings to obtain default judgment on forfeited bond under court rule 32.12 that it should have been served pursuant to provisions of section 375.210. State v. Virgilito (Mo.), 377 S.W.2d 361.
