Ch. 36

1995 LAWS OF MARYLAND

(3)      COLLECTS PREMIUMS, MEMBERSHIP FEES, ASSESSMENTS, OR OTHER
CONSIDERATIONS FOR INSURANCE CONTRACTS; OR

(4)      TRANSACTS ANY OTHER INSURANCE BUSINESS.
(B) PROCEDURE.

(1)      SERVICE OF PROCESS ON THE COMMISSIONER UNDER THIS
SUBSECTION SHALL BE MADE BY:

(I)       DELIVERING TO THE COMMISSIONER OR AN INDIVIDUAL IN
APPARENT CHARGE OF THE OFFICE OF THE COMMISSIONER TWO COPIES OF THE
PROCESS; AND

(II)     PAYING TO THE COMMISSIONER A SERVICE OF PROCESS FEE
OF $15.

(2)      IMMEDIATELY AFTER RECEIPT OF PROCESS, THE COMMISSIONER
SHALL SEND ONE COPY OF THE PROCESS BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL SERVICE,
TO THE UNAUTHORIZED INSURER AT ITS LAST KNOWN PRINCIPAL PLACE OF
BUSINESS.

(3)      SERVICE OF PROCESS UNDER THIS SUBSECTION IS SUFFICIENT IF:

(I)       WITHIN 10 DAYS AFTER DELIVERING COPIES OF THE PROCESS
TO THE COMMISSIONER UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
PLAINTIFF OR PLAINTIFF'S ATTORNEY SENDS NOTICE OF THE SERVICE. AND A COPY
OF THE PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BEARING A
POSTMARK FROM THE UNITED STATES POSTAL SERVICE, TO THE UNAUTHORIZED
INSURER AT ITS LAST KNOWN PRINCIPAL PLACE OF BUSINESS; AND

(II)     ON OR BEFORE THE DATE THAT THE UNAUTHORIZED
INSURER IS REQUIRED TO APPEAR OR WITHIN ANY FURTHER TIME THAT THE
COURT ALLOWS, THE PLAINTIFF OR PLAINTIFF'S ATTORNEY FILES WITH THE CLERK
OF THE COURT IN WHICH THE ACTION IS PENDING:

1.        THE UNAUTHORIZED INSURER'S RECEIPT, OR THE
RECEIPT ISSUED BY THE UNITED STATES POSTAL SERVICE, SHOWING THE NAME OF
THE SENDER OF THE LETTER AND THE NAME AND ADDRESS OF THE ADDRESSEE;
AND

2.        AN AFFIDAVIT OF THE PLAINTIFF OR PLAINTIFF'S
ATTORNEY SHOWING COMPLIANCE WITH PARAGRAPH (1) OF THIS SUBSECTION.

(4)      (I) THE SERVICE OF PROCESS FEE SHALL BE TAXED IN THE COSTS
OF THE PROCEEDING.

(II)     A COURT MAY AWARD REIMBURSEMENT OF THE SERVICE OF
PROCESS FEE TO A PREVAILING PLAINTIFF IN ANY PROCEEDING AGAINST AN
UNAUTHORIZED INSURER.

(III)    THE COMMISSIONER:

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