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PARRIS N. GLENDENING, Governor Ch. 36
(1) AN UNAUTHORIZED INSURER OR PERSON THAT DOES AN ACT OF
INSURANCE BUSINESS LISTED IN § 4-205(C) OF THIS SUBTITLE IS DEEMED TO HAVE
APPOINTED IRREVOCABLY THE SECRETARY OF STATE TO BE THE ATTORNEY OF
THE UNAUTHORIZED INSURER OR PERSON IN A PROCEEDING IN A COURT BY THE
COMMISSIONER OR THE STATE, AND ON WHOM MAY BE SERVED ANY NOTICE,
ORDER, PLEADING, OR PROCESS IN A PROCEEDING BEFORE THE COMMISSIONER,
AND WHICH PROCEEDING ARISES FROM THE UNAUTHORIZED INSURER OR PERSON
DOING AN INSURANCE BUSINESS IN THE STATE.
(2) AN UNAUTHORIZED INSURER OR PERSON THAT DOES AN ACT OF
INSURANCE BUSINESS LISTED IN § 4-205(C) OF THIS SUBTITLE IS DEEMED TO HAVE
AGREED THAT SERVICE ON THE SECRETARY OF STATE UNDER THIS SECTION HAS
THE SAME LEGAL EFFECT AS PERSONAL SERVICE IN THE STATE ON THE
UNAUTHORIZED INSURER OR PERSON.
(3) THE DEEMED APPOINTMENT OF THE SECRETARY OF STATE BINDS
THE UNAUTHORIZED INSURER OR PERSON AND ANY EXECUTOR, ADMINISTRATOR,
PERSONAL REPRESENTATIVE, OR SUCCESSOR IN INTEREST IF A CORPORATION, OF
THE UNAUTHORIZED INSURER OR PERSON.
(B) PROCEDURE.
(1) SERVICE OF PROCESS ON THE SECRETARY OF STATE IN A COURT
PROCEEDING OR ADMINISTRATIVE PROCEEDING UNDER THIS SECTION SHALL BE
MADE BY DELIVERING TO THE SECRETARY OF STATE OR AN INDIVIDUAL IN
APPARENT CHARGE OF THE OFFICE OF THE SECRETARY OF STATE TWO COPIES OF
THE PROCESS IN A COURT PROCEEDING OR THE NOTICE, ORDER, PLEADING, OR
PROCESS IN AN ADMINISTRATIVE PROCEEDING.
(2) IMMEDIATELY AFTER RECEIPT OF PROCESS IN A COURT
PROCEEDING OR THE NOTICE, ORDER, PLEADING, OR PROCESS IN AN
ADMINISTRATIVE PROCEEDING, THE SECRETARY OF STATE SHALL MAIL ONE COPY
OF THE PROCESS OR NOTICE, ORDER, PLEADING, OR PROCESS TO THE DEFENDANT
IN THE COURT PROCEEDING, OR TO THE PERSON TO WHOM THE NOTICE, ORDER,
PLEADING, OR PROCESS IS ADDRESSED OR DIRECTED IN THE ADMINISTRATIVE
PROCEEDING, AT ITS LAST KNOWN PRINCIPAL PLACE OF BUSINESS.
(3) SERVICE OF PROCESS UNDER THIS SECTION IS SUFFICIENT IF:
(I) WITHIN 10 DAYS AFTER SERVICE ON THE SECRETARY OF
STATE UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE PLAINTIFF OR PLAINTIFF'S
ATTORNEY IN A COURT PROCEEDING OR THE COMMISSIONER IN AN
ADMINISTRATIVE PROCEEDING SENDS NOTICE OF THE SERVICE AND A COPY OF
THE COURT PROCESS, OR THE NOTICE, ORDER, PLEADING, OR PROCESS IN THE
ADMINISTRATIVE PROCEEDING, BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL SERVICE,
TO THE DEFENDANT IN A COURT PROCEEDING OR THE PERSON TO WHOM THE
NOTICE, ORDER, PLEADING, OR PROCESS IS ADDRESSED OR DIRECTED IN THE
ADMINISTRATIVE PROCEEDING AT ITS LAST KNOWN PRINCIPAL PLACE OF BUSINESS;
AND
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