J. MILLARD TAWES, Governor                     1093

240. Service Upon Unauthorized Insurer.

(a)   Any of the following acts in this State, effected by mail or
otherwise, by any such unauthorized foreign or alien insurer: (1)
the issuance or delivery of contracts of insurance to residents of
this State, (2) the solicitation of applications for such contracts,
(3) the collection of premiums, membership fees, assessments or
other considerations for such contracts, or (4) any other transaction
of insurance business, is equivalent to and shall constitute an
appointment by such insurer of the Commissioner and his successor
or successors in office, to be its true and lawful attorney, upon whom
may be served all statements of charges, notices and lawful process
in any proceeding instituted in respect to the misrepresentations
set forth in section 238 hereof under the provisions of the Unfair
Trade Practice Act, or in any action, suit or proceeding for the
recovery of any penalty therein provided, and any such act shall be
signification of its agreement that such service of statement of
charges, notices or process is of the same legal force and validity
as personal service of such statement of charges, notices or process
in this State, upon such insurer.

(b)   Service of a statement of charges and notices under said
Unfair Trade Practice Act shall be made by any deputy or employee
of the State Insurance Department delivering to and leaving with
the Commissioner or some person in apparent charge of his office,
two copies thereof. Service of process issued by any court in any
action, suit or proceeding to collect any penalty under said Act pro-
vided, shall be made by delivering and leaving with the Commis-
sioner, or some person in apparent charge of his office, two copies
thereof. The Commissioner shall forthwith cause to be mailed by
registered or certified mail one of the copies of such statement of
charges, notices or process to the defendant at its last known prin-
cipal place of business, and shall keep a record of all statements,
charges, notices and process so served. Such service of statement
of charges, notices or process shall be sufficient provided they
shall have been so mailed and the defendant's receipt or receipt
issued by the post office with which the letter is registered or certi-
fied, showing the name of the sender of the letter and the name and
address of the person to whom the letter is addressed, and the affi-
davit of the person mailing such letter showing a compliance here-
with are filed with the Commissioner in the case of any statement
of charges or notices, or with the clerk of the court in which such
action is pending in the case of any process, on or before the date
the defendant is required to appear or within such further time as
may be allowed.

(c)   Service of statement of charges, notices and process in any
such proceeding, action or suit shall in addition to the manner pro-
vided in subsection (b) of this section be valid if served upon any
person within this State who on behalf of such insurer is

(1)   soliciting insurance, or

(2)   making, issuing or delivering any contract of insurance, or

(3)   collecting or receiving in this State any premium for insur-
ance; and

a copy of such statement of charges, notices or process is to be sent
within ten days thereafter by registered or certified mail by or on