State Codes and Statutes

Statutes > Ohio > Title39 > Chapter3921 > 3921_35

3921.35 Service of process upon superintendent.

(A) Each fraternal benefit society authorized to do business in this state shall appoint in writing the superintendent of insurance and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served. A society shall agree in the writing that any lawful process against it that is served on the superintendent as its attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of the appointment certified by the superintendent shall be sufficient evidence of the appointment, and shall be admitted in evidence with the same force and effect as the original appointment might be admitted.

(B) Service shall only be made upon the superintendent or, if absent, upon the person in charge of the superintendent’s office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the superintendent, the superintendent shall immediately forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer. The service shall not require a society to file its answer, pleading, or defense in less than thirty days from the date of mailing the copy of the service to the society.

(C) Legal process shall not be served upon a society except in the manner provided in this section. At the time of serving any process upon the superintendent, the plaintiff or complainant in the action shall pay to the superintendent a fee of two dollars.

Effective Date: 01-01-1997

State Codes and Statutes

Statutes > Ohio > Title39 > Chapter3921 > 3921_35

3921.35 Service of process upon superintendent.

(A) Each fraternal benefit society authorized to do business in this state shall appoint in writing the superintendent of insurance and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served. A society shall agree in the writing that any lawful process against it that is served on the superintendent as its attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of the appointment certified by the superintendent shall be sufficient evidence of the appointment, and shall be admitted in evidence with the same force and effect as the original appointment might be admitted.

(B) Service shall only be made upon the superintendent or, if absent, upon the person in charge of the superintendent’s office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the superintendent, the superintendent shall immediately forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer. The service shall not require a society to file its answer, pleading, or defense in less than thirty days from the date of mailing the copy of the service to the society.

(C) Legal process shall not be served upon a society except in the manner provided in this section. At the time of serving any process upon the superintendent, the plaintiff or complainant in the action shall pay to the superintendent a fee of two dollars.

Effective Date: 01-01-1997


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title39 > Chapter3921 > 3921_35

3921.35 Service of process upon superintendent.

(A) Each fraternal benefit society authorized to do business in this state shall appoint in writing the superintendent of insurance and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served. A society shall agree in the writing that any lawful process against it that is served on the superintendent as its attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of the appointment certified by the superintendent shall be sufficient evidence of the appointment, and shall be admitted in evidence with the same force and effect as the original appointment might be admitted.

(B) Service shall only be made upon the superintendent or, if absent, upon the person in charge of the superintendent’s office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the superintendent, the superintendent shall immediately forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer. The service shall not require a society to file its answer, pleading, or defense in less than thirty days from the date of mailing the copy of the service to the society.

(C) Legal process shall not be served upon a society except in the manner provided in this section. At the time of serving any process upon the superintendent, the plaintiff or complainant in the action shall pay to the superintendent a fee of two dollars.

Effective Date: 01-01-1997