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Session Laws, 1949
Volume 590, Page 1099   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1099

(d) No plaintiff or complainant shall be entitled to a
judgment by default, under this section until the expira-
tion of thirty days from date of the filing of the affidavit
of compliance.

(e) Nothing in this section contained shall limit or
abridge the right to serve any process, notice or demand
upon any insurer in any other manner now or hereafter
permitted by law.

275. (Defense of Action by Unauthorized Insurer. )
(a) Before any unauthorized foreign or alien insurer shall
file or cause to be filed any pleading in any action, suit or
proceeding instituted against it, such unauthorized insurer
shall in addition to any other requirement that may be im-
posed by law either (1) deposit with the clerk of the court
in which such action, suit or proceeding is pending cash or
securities or file with such clerk a bond with good and suffi-
cient sureties, to be approved by the court, in an amount
to be fixed by the court sufficient to secure the payment of
any final judgment which may be rendered in such action;
provided, however, that the court may in its discretion
make an order dispensing with such deposit or bond where
the insurer makes a showing satisfactory to such court
that it maintains in a state of the United States funds or
securities, in trust or otherwise, sufficient and available to
satisfy any final judgment which may be entered in. such
action, suit or proceedings: or (2) procure a certificate of
authority to transact the business or insurance in this
State.

(b) The court in any action, suit, or proceeding, in
which service is made in the manner provided in sub-
sections (b) or (c) of Section 274 may, in its discretion,
order such postponement as may be necessary to afford
the defendant reasonable opportunity to comply with the
provisions of sub-section (a) of this section and to defend
such action.

(c) Nothing in sub-section (a) of this section is to be
construed to prevent an unauthorized foreign or alien in-
surer from filing a motion to quash a writ or to set aside
service thereof made in the manner provided in sub-
sections (b) or (c) of Section 274 hereof on the ground
either (1) that such unauthorized insurer has not done any
of the acts enumerated in sub-section (a) of Section 274,
or (2) that the person on whom service was made pur-
su^nt to sub-section (c) of Section 274 was not doing any
of the acts therein enumerated.

 

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Session Laws, 1949
Volume 590, Page 1099   View pdf image (33K)
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