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Session Laws, 1968
Volume 683, Page 911   View pdf image
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SPIRO T. AGNEW, Governor                          911

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 in court proceeding or of the Commissioner in adminis-
trative proceeding, showing compliance herewith are filed with the
clerk of the court in which such action, suit or proceeding is pending
or with the Commissioner in administrative proceedings, on or be-
fore the date the defendant in the court or administrative proceeding
is required to appear or respond thereto, or within such further time
as the court or Commissioner may allow.

(d)    No plaintiff or complainant shall be entitled to a judgment
or determination by default in any court or administrative proceed-
ing in which court process or notice, order, pleading, or process in
proceedings before the Commissioner is served under this section
until the expiration of forty-five (4.5) days from the date of filing
of the affidavit of compliance.

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

(f)    The Attorney General upon request of the Commissioner is
authorized the proceed in the courts of this or any other State or in
any federal court or agency to enforce an order or decision in any
court proceeding or in any administrative proceeding before the
Commissioner.

207.

Except for lawfully procured surplus lines insurance and contracts
of insurance independently procured through negotiations occurring
entirely outside of this State which are reported and on which pre-
mium tax is paid in accordance with Section 209 of this Article, any
contract of insurance effective in this State and entered into by an
unauthorized insurer is unenforceable by such insurer.

208.

(a) Except as to premiums on lawfully procured surplus lines
insurance and premiums on independently procured insurance on
which a tax has been paid pursuant to Section 211 of this Article,
every unauthorized insurer shall pay to the Commissioner before
March 1 next succeeding the calendar year in which the insurance
was so effectuated, continued or renewed a premium receipts tax
of three per cent (3%) of gross premiums charged for such insurance,
other than wet marine and transportation insurance as defined in
Section 70(2) of this Article, on subjects resident, located or to be
performed in this State. Such insurance on subjects resident, located
or to be performed in this State procured through negotiations or an
application, in whole or in part occurring or made within or from
within or outside of this State, or for which premiums in whole or
in part are remitted directly or indirectly from within or outside
of this State, shall be deemed to be insurance procured or continued
or renewed in this State. The term "premium" includes all pre-
miums, membership fees, assessments, dues and any other considera-
tion for insurance. Such tax shall be in lieu of all taxes and fire


 

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Session Laws, 1968
Volume 683, Page 911   View pdf image
 Jump to  
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