Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1212
Service of process upon superintendent as attorney
Insurance (ISC) CHAPTER 28, ARTICLE 12
§ 1212. Service of process upon superintendent as attorney. (a) No
domestic, foreign or alien insurer, including a fraternal benefit
society, shall be or continue to be authorized to do an insurance
business in this state unless there shall be filed in the office of the
superintendent a power of attorney, executed by such insurer, appointing
the superintendent and his successors in office, and authorized
deputies, as its true and lawful attorney in and for this state, upon
whom all lawful process in any proceeding against it on a contract
delivered or issued for delivery, or on a cause of action arising, in
this state may be served. Such power of attorney shall be accompanied by
the insurer's written certificate of designation of the name and address
of the officer, agent, or other person to whom such process shall be
forwarded by the superintendent or his deputy. Such designation may be
changed by filing of a new certificate of designation in the office of
the superintendent.

(b) Service of process upon any such insurer in any proceeding in any
court of competent jurisdiction may be made by serving the
superintendent, any deputy superintendent, or any salaried employee of
the department whom the superintendent designates for such purpose, all
of whom shall have authority to accept such service pursuant to any such
power of attorney. The service of process upon a domestic fraternal
benefit society shall only be made by serving the superintendent, any
deputy superintendent, any salaried employee of the department whom the
superintendent designates for such purpose or by serving the process at
the home office of such society. The service of process upon any foreign
or alien fraternal benefit society shall be made only by serving the
superintendent, any deputy superintendent or any salaried employee of
the department whom the superintendent designates for such purpose.
Service of process so made shall be deemed to have been made within the
territorial jurisdiction of any court in this state.

(c) At the time of service of process a fee of forty dollars shall be
paid to the superintendent or his deputy.

(d) The power of attorney required by subsection (a) hereof shall be
by its terms of indefinite duration, shall bind any person or
corporation which as successor acquires the insurer's assets and assumes
its liabilities by merger or consolidation, and shall not be terminated
by the insurer or such successor so long as any contracts, or
liabilities or duties arising out of contracts, issued or delivered by
such insurer in this state are in effect. Except as provided herein, or
in section one thousand two hundred thirteen of this article, the
superintendent shall not be designated as attorney for the service of
process upon any unlicensed alien or foreign insurer.

(e) Whenever any lawful process shall be served upon the
superintendent, any deputy superintendent, or any salaried employee of
the department whom the superintendent designates for such purpose under
the provisions of this section, such person shall forward a copy of such
process by mail, prepaid, directed to the person last designated by such
insurer, as shown by the records of the department.

(f) When one or more underwriters of any Lloyds underwriters, or one
or more subscribers of any reciprocal insurer, are joined in the same
proceeding, and service of process is made pursuant to this section,
only one copy of such process shall be so served, and such service shall
have the same effect as if made upon all such underwriters or all such
subscribers. Such process shall be forwarded to the attorney-in-fact of
such Lloyds underwriters or of such reciprocal insurer, and each such
attorney-in-fact shall be designated to receive such process as
specified in subsection (a) hereof.

(g) The superintendent shall keep records, issue certificates and
destroy processes served upon him, all as provided in subsection (f) of
section one thousand two hundred thirteen of this article.