685B.050 - Service of process on unauthorized insurer.
685B.050 Service of process on unauthorized insurer.
1. Any act of transacting an insurance business as set forth in NRS 685B.030 by any unauthorized insurer is equivalent to and constitutes an irrevocable appointment by such an insurer, binding upon the insurer, the insurer’s executor or administrator, or successor in interest if a corporation, of the Commissioner or the successor in office of the Commissioner, to be the true and lawful attorney of such an insurer upon whom may be served all lawful process in any action, suit or proceeding in any court by the Commissioner or by the State and upon whom may be served any notice, order, pleading or process in any proceeding before the Commissioner and which arises out of transacting an insurance business in this state by such an insurer. Any act of transacting an insurance business in this state by any unauthorized insurer is signification of its agreement that any such lawful process in such a court action, suit or proceeding and any such notice, order, pleading or process in such an administrative proceeding before the Commissioner so served is of the same legal force and validity as personal service or process in this state upon such an insurer.
2. Service of process in such an action must be made by delivering to and leaving with the Commissioner, or some person in apparent charge of the office of the Commissioner, two copies thereof and by payment to the Commissioner of the fee prescribed by law. Service upon the Commissioner as attorney is service upon the principal.
3. The Commissioner shall forthwith forward by certified mail one of the copies of such process or such notice, order, pleading or process in proceedings before the Commissioner to the defendant in such a court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him or her which must show the day and hour of service. Such service is sufficient if:
(a) Notice of such service and a copy of the court process or the notice, order, pleading or process in such an administrative proceeding are sent within 10 days thereafter by certified mail by the plaintiff or the plaintiff’s attorney in the court proceeding or by the Commissioner in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding.
(b) The defendant’s receipt or receipts issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff’s attorney in a court proceeding or of the Commissioner in an administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such an action, suit or proceeding is pending or with the Commissioner in administrative proceedings, on or before the date the defendant in the court or administrative proceedings is required to appear or respond thereto, or within such further time as the court or Commissioner may allow.
4. No plaintiff is entitled to a judgment or determination by default in any court or administrative proceeding in which court process or notice, order, pleading or process in proceedings before the Commissioner is served under this section until 45 days after the date of filing of the affidavit of compliance.
5. For the purposes of this section, “process” in an action in a court includes only a summons or the initial documents served in such an action. The Commissioner is not required to serve any documents in such an action after the initial service of process.
6. Nothing in this section limits or affects the right to serve any process, notice, order or demand upon any person or insurer in any other manner permitted by law.
(Added to NRS by 1971, 1683; A 1985, 611)