Idaho § 41-1231 LEGAL PROCESS AGAINST SURPLUS LINE INSURER

Idaho Statutes

§ 41-1231 — LEGAL PROCESS AGAINST SURPLUS LINE INSURER

Idaho § 41-1231

Title 41INSURANCE

Ch. 12UNAUTHORIZED INSURERS AND SURPLUS LINES

This text of Idaho § 41-1231 (LEGAL PROCESS AGAINST SURPLUS LINE INSURER) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 41-1231 (2026).

Text

(1)An unauthorized insurer shall be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract pursuant to this law, in the district court of the county in which the cause of action arose.

(2)Service of legal process against the insurer may be made in any such action by service upon the director as provided in section 41-334 (1). The director shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose, by prepaid registered mail with return receipt requested. The insurer shall have thirty (30) days from the date of service upon the director within which to plead, answer, or otherwise defend the action. Upon service of process upon the director in accordance with this provision

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(1) An unauthorized insurer shall be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract pursuant to this law, in the district court of the county in which the cause of action arose.
(2) Service of legal process against the insurer may be made in any such action by service upon the director as provided in section 41-334 (1). The director shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose, by prepaid registered mail with return receipt requested. The insurer shall have thirty (30) days from the date of service upon the director within which to plead, answer, or otherwise defend the action. Upon service of process upon the director in accordance with this provision, the court shall be deemed to have jurisdiction in personam of the insurer.
(3) An unauthorized insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating the substance of this section, and designating the person to whom the director shall mail process as provided in subsection (2) of this section.