PARRIS N. GLENDENING, Governor

Ch. 35

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 239 and the second sentence and the second
clause of the first sentence of § 238.

In subsection (a)(1) of this section, the former reference to "registered ...
mail" is deleted as included in the reference to "certified mail". See Art. 1, §
20 of the Code.

Defined terms: "Alien insurer" § 1-101
"Commissioner" § 1-101
"Foreign insurer" § 1-101
"Insurance" § 1-101
"Insurance contract" § 1-101
"Insurer" § 1-101
"Premium" § 1-101
"Resident" § 27-701
"State" § 1-101

"Unauthorized insurer" § 1-101
27-705. SERVICE ON UNAUTHORIZED INSURER,

(A) COMMISSIONER DEEMED ATTORNEY OF UNAUTHORIZED INSURER,

AN UNAUTHORIZED FOREIGN INSURER OR UNAUTHORIZED ALIEN INSURER IS
DEEMED TO HAVE APPOINTED THE COMMISSIONER TO BE THE ATTORNEY OF THE
UNAUTHORIZED INSURER FOR PURPOSES OF SERVICE OF STATEMENTS OF
CHARGES, NOTICES, AND PROCESS IN A PROCEEDING INSTITUTED UNDER THIS
TITLE FOR A MISREPRESENTATION SET FORTH IN § 27-703 OF THIS SUBTITLE OR IN A
PROCEEDING FOR THE RECOVERY OF A PENALTY UNDER THIS TITLE AND TO HAVE
AGREED THAT SERVICE ON THE COMMISSIONER HAS THE SAME LEGAL EFFECT AS
PERSONAL SERVICE IN THE STATE ON THE UNAUTHORIZED INSURER IF THE
UNAUTHORIZED INSURER IN THE STATE, BY MAIL OR OTHERWISE:

(1) ISSUES OR DELIVERS INSURANCE CONTRACTS TO RESIDENTS OF
THE STATE;

(2) SOLICITS APPLICATIONS FOR INSURANCE CONTRACTS;

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

(4) TRANSACTS ANY OTHER INSURANCE BUSINESS.

(B) SERVICE ON COMMISSIONER.

(1) SERVICE OF STATEMENTS OF CHARGES AND NOTICES UNDER THIS
TITLE SHALL BE MADE BY A DEPUTY OR EMPLOYEE OF THE ADMINISTRATION BY
DELIVERING TO AND LEAVING WITH THE COMMISSIONER OR AN INDIVIDUAL IN
APPARENT CHARGE OF THE OFFICE OF THE COMMISSIONER TWO COPIES OF THE
STATEMENT OF CHARGES OR NOTICE.

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