§ 27-3-25 — Service of Process on Insurers - How Served; Time to Answer or Plead

(a) Service of process upon the commissioner as process agent of the insurer under Section 27-3-24 shall be made by the proper officer of Montgomery County by serving copies in triplicate of the process upon the commissioner or upon his assistant, deputy or other person in charge of his office. Upon receiving such service, the commissioner shall promptly forward a copy thereof by certified mail or registered mail, with return receipt requested, to the person last designated by the insurer to receive the same, as provided under subsection (b) of Section 27-3-24, return one copy with his admission of service and retain one copy in the files of the department. The commissioner shall keep a record of all actions filed against insurers wherein process is served on the commissioner, noting the name of the insurer, the date of service, and the type of action.
(b) Where process is served upon the commissioner as an insurer’s process agent, the insurer shall not be required to answer or plead except within 30 days after the date upon which the insurer’s designee received the copy of the process mailed by the commissioner, as shown by the return receipt therefor referred to in subsection (a) of this section.
(c) Process served upon the commissioner, and copy thereof forwarded as in this section provided, shall for all purposes constitute valid and binding service thereof upon the insurer.
(d) This section shall not be deemed to prohibit service of process upon an insurer by any other method provided for by law.

Legislative History

(Code 1940, T. 28, §65; Acts 1971, No. 407, p. 707, §70.)