§ 27-2-13 - Commissioner as attorney to receive process.
SECTION 27-2-13
§ 27-2-13 Commissioner as attorney toreceive process. – No insurance company not incorporated under the authority of this state shalldirectly or indirectly issue policies, take risks, or transact business in thisstate until it has first appointed, in writing, the insurance commissioner ofthis state to be the true and lawful attorney of the company in and for thisstate, upon whom all lawful process in any action or proceeding against thecompany may be served with the same effect as if the company existed in thisstate; provided, that if the insurance company shall make no appointment, theissuance or delivery of a policy or contract of insurance to, the taking of arisk for, or the transacting of business with a citizen of this state or aresident of the state or a corporation authorized to do business in this stateby the company shall be equivalent to an appointment for the service of alllawful process in any action or proceeding arising out of the policy orcontract. The written power of attorney shall stipulate and agree on the partof the company that any lawful process against the company which is served onthe attorney shall be of the same legal force and validity as if served on thecompany, and that the authority shall continue in force so long as anyliability remains outstanding against the company in this state. A certificateof the written appointment, duly certified and authenticated, shall be filed inthe office of the insurance commissioner, and copies certified by him or hershall be received in evidence in all of the courts in this state. Service uponthe attorney shall be deemed sufficient service upon the principal; service ofprocess may also be effectuated in accordance with the procedures set forth inRule 4 of the Rules of Civil Procedure.