Section 406-B:4 Service of Process on Commissioner.
I. Any act of doing an insurance business as set forth in RSA 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute an irrevocable appointment by such person or insurer, binding upon such person or insurer, his or her executor, administrator or personal representative, or successor in interest if a corporation, of the commissioner, his or her successor or successors in office to be the true and lawful attorney of such person or insurer upon whom may be served all legal process in any action, suit or proceeding in any court arising out of doing an insurance business in this state by such person or insurer, except in an action, suit or proceeding by the commissioner or by the state. Any act of doing an insurance business as set forth in RSA 460-B:2 by any unlicensed person or insurer shall be signification of its agreement that any such legal process so served shall be of the same legal force and validity as personal service of process in this state upon such person or insurer, or upon such person's or insurer's executor, administrator or personal representative, or its successor in interest if a corporation.
II. Such service of process shall be made by leaving 2 copies thereof in the hands or office of the commissioner and paying to him for the use of the state a fee as established by RSA 400-A:29 for each person or insurer. A certificate by the commissioner showing such service and attached to the original or third copy of such process presented to him for that purpose shall be sufficient evidence thereof. Service upon the commissioner as such attorney shall be service upon the principal.
III. The commissioner shall forthwith mail one copy of such process to the defendant at its last known principal place of business and shall keep a record of all process so served upon him which shall show the day and hour of service. Such service of process is sufficient, provided notice of such service and copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant and the defendant's receipt, or receipt issued by the post office with which the letter is registered, 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 the affidavit of the plaintiff or plaintiff's attorney showing compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
IV. Service of process in any such action, suit or proceeding shall, in addition to the manner provided in paragraphs II and III, be valid if served upon any person within this state who on behalf of such unlicensed person or insurer is doing any act of an insurance business as set forth in RSA 406-B:2 and if a copy of such process is sent within 10 days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant and the defendant's receipt, or receipt issued by the post office with which the letter is registered, 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 the affidavit of the plaintiff or plaintiff's attorney showing compliance herewith are filed with clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
V. No plaintiff or complainant shall be entitled to a judgment by default in any action, suit or proceeding in which the process is served under this section until the expiration of 45 days from the date of filing of the affidavit of compliance.
VI. Nothing contained in this section shall limit or abridge the right to serve any process, notice or demand upon any person or insurer in any other manner now or hereafter permitted by law.
Source. 1967, 237:1. 1983, 473:15. 2002, 207:34, 35, eff. July 15, 2002.