§ 38a-25 — (Formerly Sec. 38-23). Insurance Commissioner as agent for service of process.

Connecticut § 38a-25

• Jurisdiction: Connecticut
• Title 38a: Insurance
• Ch. 697: General Provisions

Text

(a) The Insurance Commissioner is the agent for receipt of service of legal process on the following: (1) Foreign and alien insurance companies authorized to do business in this state in any proceeding arising from or related to any transaction having a connection with this state. (2) Fraternal benefit societies authorized to do business in this state. (3) Insurance-support organizations as defined in section 38a-976 , transacting business outside this state which affects a resident of this state. (4) Risk retention groups, as defined in section 38a-250 . (5) Purchasing groups designating the Insurance Commissioner as agent for receipt of service of process pursuant to section 38a-261 . (6) Eligible surplus lines insurers authorized by the commissioner to accept surplus lines insurance. (7) Except as provided by section 38a-273 , unauthorized insurers or other persons assisting unauthorized insurers who directly or indirectly do any of the acts of insurance business as set forth in subsection (a) of section 38a-271 . (8) The Connecticut Insurance Guaranty Association and the Connecticut Life and Health Insurance Guaranty Association. (9) Insurance companies designating the Insurance Commissioner as agent for receipt of service of process pursuant to subsection (i) of section 38a-85 . (10) Nonresident insurance producers and nonresident surplus lines brokers licensed by the Insurance Commissioner. (11) Life settlement providers and life settlement brokers licensed by the commissioner. (12) Nonresident reinsurance intermediaries designating the commissioner as agent for receipt of service of process pursuant to section 38a-760b . (13) Workers' compensation self-insurance groups, as defined in section 38a-1001 . (14) Persons alleged to have violated any provision of section 38a-130 . (15) (A) Captive insurers, as defined in section 38a-91k , and (B) captive insurance companies, as defined in section 38a-91aa , if a registered agent cannot be found with reasonable diligence at the registered office of a captive insurance company. (b) Each foreign and alien insurer by applying for and receiving a license to do insurance business in this state, each fraternal benefit society by applying for and receiving a certificate to solicit members and do business, each surplus lines insurer declared to be an eligible surplus lines insurer by the commissioner, each insurance-support organization transacting business outside this state that affects a resident of this state, and each unauthorized insurer by doing an act of insurance business prohibited by section 38a-272 , shall be considered to have irrevocably appointed the Insurance Commissioner as agent for receipt of service of process in accordance with subsection (a) of this section. Such appointment shall continue in force so long as any certificate of membership, policy or liability remains outstanding in this state. (c) The commissioner shall be the agent for the executors, administrators or personal representatives, receivers, trustees or other successors in interest of the persons specified under subsection (a) of this section. (d) Any legal process that is served on the commissioner pursuant to this section shall be of the same legal force and validity as if served on the principal. (e) The right to effect service of process as provided under this section shall not limit the right to serve legal process in any other manner provided by law.

Legislative History

(1949 Rev., S. 6054; P.A. 90-243, S. 7; P.A. 92-60, S. 3; P.A. 97-202, S. 17, 18; P.A. 98-98, S. 3; P.A. 03-152, S. 11; P.A. 05-275, S. 15; P.A. 08-175, S. 20; P.A. 10-5, S. 2; P.A. 12-139, S. 4; P.A. 21-157, S. 7.) History: P.A. 90-243 replaced prior provisions with new provisions empowering the commissioner to act as the agent of service of legal process for various insurance ventures; Sec. 38-23 transferred to Sec. 38a-25 in 1991; P.A. 92-60 added Subsec. (a)(8) to (10) empowering commissioner to act as the agent of service of legal process for various insurance associations, for certain brokers licensed by the commissioner and for certain insurers; P.A. 97-202 added Subsec. (a)(11) re viatical settlement providers and brokers, effective January 1, 1998; P.A. 98-98 amended Subdiv. (a)(10) to substitute “insurance producers” for “brokers” and added new Subdivs. (a)(12) to (14), inclusive, re nonresident reinsurance intermediaries, workers compensation self-insurance groups and persons alleged to have violated Sec. 38a-130; P.A. 03-152 amended Subsec. (a)(11) to reference “viatical settlement investment agents”; P.A. 05-275 amended Subsec. (a)(4) re risk retention groups to replace “designating the Insurance Commissioner as agent for receipt of service of process pursuant to section 38a-252” with “as defined in section 38a-250”, added new Subsec. (a)(15) re captive insurers, and deleted “his” in Subsec. (b), effective July 13, 2005; P.A. 08-175 amended Subsec. (a)(11) by substituting “life settlement” for “viatical settlement” and deleting reference to viatical settlement investment agents; P.A. 10-5 amended Subsec. (a)(15) by designating existing provisions as Subpara. (A) and adding Subpara. (B) re captive insurance companies, effective May 5, 2010; P.A. 12-139 made technical changes; P.A. 21-157 amended Subsec. (a)(9) by replacing reference to Sec. 38a-85(h) with reference to Sec. 38a-85(i). Annotations to former section 38-23: Presentment in evidence of certificate of commissioner's appointment not necessary; authorization may be inferred from his reception of service and collection of fee. 121 C. 311. Cited. 153 C. 588. Cited. 7 CA 617. Cited. 18 CS 441. Annotation to present section: To obtain prepleading security, as provided in Sec. 38a-27, service may be made on the unauthorized insurers' contractually designated agents, in addition to Insurance Commissioner or Secretary of the State, since both forms of service are allowed. 103 CA 319.