83-33-7 - Commissioner as agent for service of process.
§ 83-33-7. Commissioner as agent for service of process.
Concurrently with the filing of the declaration provided by the terms of Section 83-33-5, the attorney shall file with the insurance commissioner an instrument in writing, executed by him for said subscribers, conditioned that upon the issuance of certificates of authority provided in Section 83-33-17 action may be brought in the county in which the property or person insured thereunder is located, and service of process may be had upon the insurance commissioner in all suits in this state arising out of such policies, contracts, or agreements, which service shall be valid and binding upon all subscribers exchanging at any time reciprocal or inter-insurance contracts through such attorney. Three copies of each process shall be served, and the insurance commission shall file one copy, forward one copy to said attorney, and return one copy with his admission of service. A judgment rendered in any such case where service of process has been so had upon the insurance commissioner shall be valid and binding against any and all such subscribers as their interests appear, and such judgment may be satisfied out of the funds in the possession of the attorney belonging to such subscribers.
Sources: Codes, Hemingway's 1921 Supp. § 5209w; 1930, § 5294; 1942, § 5808; Laws, 1918, ch. 190.