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Session Laws, 1963
Volume 671, Page 1079   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1081

(1)   It shall be unlawful for any person to publish or print in any
newspaper, magazine, periodical, circular letter, pamphlet, or in any
other manner, or to publish by radio or television broadcasting in this
State, any advertisement or other notice, either directly or indirectly
setting forth the advantages of or soliciting business for any insurer,
agent or other person who has not been authorized to transact in-
surance business in this State.

(2)   No person shall accept for publication or printing in any
newspaper, magazine or other periodical, or for radio or television
broadcasting in this State, any advertisement or other notice, either
directly or indirectly setting forth the advantages of or soliciting

business for any insurer, agent or other person, unless the publisher
holds a certificate to the effect that the insurer, agent, or other person
named therein is authorized to transact insurance business in this
State for the current license year. Such certificate shall be issued by
the Commissioner without cost to any person applying therefor.

(3)   It shall be unlawful for any manufacturer, jobber, wholesaler
or retailer to distribute or to cause to be distributed any match
books or other advertising matter, except newspapers and magazines
of general circulation, directly or indirectly setting forth the ad-
vantage of or soliciting business for any insurer, agent or other
person, who has not been authorized to transact insurance business
in this State.

202.    Unauthorized Insurers Process Act; Title; Interpretation.

(a)   Sections 202 through 211 constitute and may be cited as the
Unauthorized Insurers Process Act.

(b)   This Act shall be so interpreted as to effectuate its general
purpose to make uniform the law of those states which enact it.

203.    Purpose of Act.

The purpose of this Act is to subject pertain insurers to the
jurisdiction of courts of this State in suits by or on behalf of
insureds or beneficiaries under insurance contracts. The General As-
sembly declares that it is a subject of concern that many residents of
this State hold policies of insurance issued or delivered in this State
by insurers not authorized to do business in this State, thus presenting
to such residents the often insuperable obstacle of resorting to
distant forums for the purpose of asserting legal rights under such
policies. In furtherance of such state interest, the General Assembly
herein provides a method of substituted service of process upon such
insurers and declares that in so doing it exercises its power to
protect its residents and to define, for the purpose of this statute,
what constitutes doing business in this State, and also exercises
powers and privileges available to the State by virtue of Public Law
15, 79th Congress of the United States, Chapter 20, 1st Sess., S. 340,
as amended, which declares that the business of insurance and every
person engaged therein shall be subject to the laws of the several
states.

204.    Acts of Insurer Which Constitute Appointment of Commis-
sioner as Agent for Service.

Any of the following acts in this State, effected by mail or other-
wise, by an unauthorized foreign or alien insurer: (1) The issuance

 

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Session Laws, 1963
Volume 671, Page 1079   View pdf image (33K)
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