40-2704. Secretary of state as process agent for unauthorized insurer; procedure; notice; service of process in other manner.
40-2704
40-2704. Secretary of state as process agent for unauthorizedinsurer; procedure; notice; service of process in other manner.(a) Any act of transacting an insurance business, as set forth inK.S.A. 40-2701, by any unauthorized insurer isequivalent to and shall constitute an irrevocable appointment by suchinsurer, binding upon him, his executor or administrator, or successorin interest if a corporation, of the secretary of state of the state ofKansas or his successor in office, to be the true and lawful attorney ofsuch insurer upon whom may be served all lawful process in any action,suit or proceeding in any court by the commissioner of insurance, or bythe state, and upon whom may be served any notice, order, pleading orprocess in any administrative proceeding before the commissioner ofinsurance which arises out of transacting an insurance business in thisstate by such insurer. Any act of transacting an insurance business inthis state by any unauthorized insurer shall be signification of itsagreement that any such lawful process in such court action, suit orproceeding, and any such notice, order, pleading or process in suchadministrative proceeding before the commissioner of insurance soserved, shall be of the same legal force and validity as personalservice of process in this state upon such insurer.
(b) Service of process in such action shall be made by delivering toand leaving with the secretary of state, or some person in apparentcharge of his office, two (2) copies thereof and by payment to thesecretary of state of the fee prescribed by law. Service upon thesecretary of state as such attorney shall be service upon the principal.
(c) The secretary of state shall forthwith forward by certified mailone (1) of the copies of such process or such notice, order, pleading orprocess in administrative proceedings before the commissioner to thedefendant in such court proceeding, or to whom the notice, order,pleading or process in such administrative proceeding is addressed ordirected, at his last known principal place of business and shall keep arecord of all process so served on him, which shall show the day andhour of service. Such service is sufficient if:
(1) Notice of such service and a copy of the court process are sentby certified mail within ten (10) days thereafter by the plaintiff orthe plaintiff's attorney to the defendant in the court proceeding at thelast known principal place of business of the defendant; or the notice,order, pleading or process in an administrative proceeding before thecommissioner of insurance is sent within such time to the respondent inthe administrative proceeding at his last known principal place ofbusiness; and
(2) The defendant's receipt or receipts issued by the post officewith which the letter is registered, showing the name of the sender ofthe letter and the name and address of the person or insurer to whom theletter is addressed, and an affidavit of the plaintiff or theplaintiff's attorney in a court proceeding, or of the commissioner ofinsurance in an administrative proceeding, showing compliance therewith,are filed with the clerk of the court in which such action, suit orproceeding is pending, or with the commissioner of insurance inadministrative proceedings, on or before the date the defendant in thecourt or administrative proceeding is required to appear or respondthereto, or within such further time as the court or commissioner ofinsurance may allow.
(d) No plaintiff shall be entitled to a judgment or a determinationby default in any court or administrative proceeding in which courtprocess, or notice, order, pleading, or process in administrativeproceedings before the commissioner of insurance, is served under thissection until the expiration of forty-five (45) days from the date offiling of the affidavit of compliance.
(e) Nothing in this section shall limit or affect the right to serveany process, notice, order or demand upon any person or insurer in anyother manner now or hereafter permitted by law.
History: L. 1969, ch. 240, § 4; April 19.