§ 27-1-27-5 — Nonresident applicants; service of process designation

Indiana § 27-1-27-5

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 27: Public Adjusters

Text

(a) The commissioner may not issue a
certificate of authority to a nonresident applicant until that nonresident
files with the commissioner, in a form prescribed by the commissioner,
a designation of an individual resident of Indiana, a corporate resident
of Indiana, or an authorized Indiana insurer as the nonresident
applicant's legal representative upon whom may be served all lawful
process in any action, suit, or proceeding:
(1) instituted by or on behalf of an interested person; and
(2) arising out of the nonresident applicant's public adjuster's
insurance business.
(b) The designation required by subsection (a) constitutes an
agreement that service of process upon the nonresident applicant's legal
representative is of the same legal force and validity as personal service
of process upon an Indiana resident.
(c) Service upon a nonresident may be made by serving the
nonresident applicant's legal representative with an appropriate number
of copies of the process.
(d) The nonresident applicant's legal representative shall forward a
copy of the process by registered mail to the nonresident at his last
known address of record or principal place of business, keeping a
record of such process and service.
(e) Service of process is sufficient as long as notice of the service
and a copy of the process are sent not more than ten (10) days after the
nonresident applicant's legal representative received the service of
process on behalf of the nonresident.
(f) Service of process upon a nonresident in any action instituted by
the commissioner under this chapter shall be made by the
commissioner by mailing the process to the nonresident applicant's
legal representative or the nonresident by registered mail at his last
known address of record or principal place of business.

Legislative History

As added by P.L.257-1983, SEC.1. Amended by P.L.31-1988, SEC.15; P.L.130-1994, SEC.33; P.L.116-1994, SEC.43; P.L.268-1999, SEC.14.