§ 27-16-1.4 - Secretary of state as agent for service of process.
SECTION 27-16-1.4
§ 27-16-1.4 Secretary of state as agentfor service of process. – (a) Any act of transacting an insurance business as set forth in §27-16-1.2 by any unauthorized insurer is equivalent to and shall constitute anirrevocable appointment by the insurer, binding upon the insurer, his or herexecutor or administrator, or successor in interest if a corporation, of thesecretary of state or the secretary's successor in office, to be the true andlawful attorney of the insurer upon whom may be served all lawful process inany action, suit, or proceeding in any court by the commissioner of insuranceor by the state and upon whom may be served any notice, order, pleading, orprocess in any proceeding before the commissioner of insurance and which arisesout of transacting an insurance business in this state by the insurer. Any actof transacting an insurance business in this state by any unauthorized insurershall be signification of its agreement that any lawful process in a courtaction, suit, or proceeding and any notice, order, pleading, or process in anadministrative proceeding before the commissioner of insurance so served shallbe of the same legal force and validity as personal service of process in thisstate upon the insurer.
(b) Service of process in an action shall be made bydelivering to and leaving with the secretary of state, or some person inapparent charge of his or her office, two (2) copies of the process and bypayment to the secretary of state of the fee prescribed by law. Service uponthe secretary of state as an attorney shall be service upon the principal.
(c) The secretary of state shall immediately forward bycertified mail one of the copies of the process or the notice, order, pleading,or process in proceedings before the commissioner to the defendant in the courtproceeding or to whom the notice, order, pleading, or process in theadministrative proceedings is addressed or directed at its last known principalplace of business and shall keep a record of all process served on him or herwhich shall show the day and hour of service. The service is sufficient,provided:
(1) Notice of service and a copy of the court process or thenotice, order, pleading, or process in the administrative proceeding are sentwithin ten (10) days after this by certified mail by the plaintiff or theplaintiff 's attorney in the court proceeding, or by the commissioner ofinsurance in the administrative proceeding, to the defendant in the courtproceeding or to whom the notice, order, pleading, or process in theadministrative proceeding is addressed or directed, at the last known principalplace of business of the defendant in the court or administrative proceeding;and
(2) The defendant's receipt or receipts issued by the postoffice with 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 the letteris addressed and an affidavit of the plaintiff or the plaintiff 's attorney ina court proceeding, or of the commissioner of insurance in an administrativeproceeding, showing compliance with this section, are filed with the clerk ofthe court in which an action, suit, or proceeding is pending or with thecommissioner in administrative proceedings, on or before the date the defendantin the court or administrative proceeding is required to appear or respond, orwithin any further time as the court or commissioner of insurance may allow.
(d) No plaintiff shall be entitled to a judgment or adetermination by default in any court or administrative proceeding in which acourt process or notice, order, pleading, or process in proceedings before thecommissioner of insurance is served under this section until the expiration offorty-five (45) days from the date of the filing of the affidavit of compliance.
(e) Nothing in this section shall limit or affect the rightto serve any process, notice, order, or demand upon any person or insurer inany other manner now or after this permitted by law.