SPIRO T. AGNEW, Governor 909
205.
(a) Any of the following acts in this State, effected by mail or
otherwise, by an unauthorized foreign or alien insurer: (1) The issu-
ance or delivery of contracts of insurance to residents of this State
or to corporations authorized to do business therein, (2) the solici-
tation of applications for such contracts, (3) the collection of pre-
miums, 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 lawful
process in any action, suit or proceeding instituted by or on behalf
of an insured or beneficiary arising out of any such contract of in-
surance, and any such act shall be signification of its agreement that
such service of process is of the same legal force and validity as
personal service of process in this State upon such insurer.
(b) Such service of process shall be made by delivering to and
leaving with the Commissioner or some person in apparent charge
of his office two copies thereof and the payment to him of a fee of
five dollars ($5.00), which shall be taxed in the costs of the pro-
ceeding. The Commissioner shall account quarterly to the Comp-
troller for the fees collected by him under these sections and shall
pay the same upon accounting to the State Treasurer for the use
of the State, after deducting expenses for mailing as provided herein.
(c) The Commissioner shall forthwith mail by registered mail
one of the copies of such process to the defendant at its last known
principal place of business, and shall keep a record of all process so
served upon him. Such service of process is sufficient, provided notice
of such service and a copy of the process are sent within ten days
thereafter by registered mail by plaintiff or plaintiff's attorney to
the defendant at its last known principal place of business, and the
defendant's receipt, or receipt issued by the post office with which
the letter is registered, showing the name of the sender of the letter
and the name and address of the person to whom the letter is ad-
dressed, and the affidavit of the plaintiff or plaintiff's attorney
showing a compliance herewith are filed with the clerk of the court
in which such action is pending on or before the date the defendant
is required to appear, or within such further time as the court may
allow.
(d) Service of process in any such action, suit or proceeding
in addition to the manner provided in this section, shall be valid if
served upon any person within this State who, on behalf of such un-
authorized person or insurer is doing any act of an insurance business
as set forth in Section 203 of this Article and if a copy of such
process is sent within ten (10) days thereafter by registered mail by
plaintiff or plaintiff's attorney to the defendant at the last known
principal place of business of the defendant and the defendant's
receipt, or receipt issued by the post office with which the letter is
registered, showing the name of the sender of the letter and the name
and address of the person or insurer to whom the letter is addressed
and the affidavit of the plaintiff or plaintiff's attorney showing com-
pliance herewith are filed with the clerk of the court in which such
action is pending on or before the date the defendant is required to
appear, or within such further time as the court may allow.
|
![clear space](../../../images/clear.gif) |