(a)Any of the following acts in this state,
effected by mail, or otherwise, by an unauthorized foreign or alien
insurer:
(1)the issuance or delivery of contracts of insurance to residents
of this state or to corporations authorized to do business in this
state;
(2)the solicitation of applications for such contracts;
(3)the collection of premiums, membership fees, assessments or
other considerations for such contracts; or
(4)any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurer of
the insurance commissioner of the state of Indiana and the
commissioner's successor or successors in office, to be its true and
lawful attorney, upon whom may be served all lawful process in any
action, suit, or proceeding instituted by or on behalf
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(a) Any of the following acts in this state,
effected by mail, or otherwise, by an unauthorized foreign or alien
insurer:
(1) the issuance or delivery of contracts of insurance to residents
of this state or to corporations authorized to do business in this
state;
(2) the solicitation of applications for such contracts;
(3) the collection of premiums, membership fees, assessments or
other considerations for such contracts; or
(4) any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurer of
the insurance commissioner of the state of Indiana and the
commissioner's successor or successors in office, to be its true and
lawful attorney, upon whom may be served all lawful process in any
action, suit, or proceeding instituted by or on behalf of an insured or
beneficiary arising out of any such contract of insurance, and any such
act shall be signification of its agreement that such service of process
is of the same legal force and validity as personal service of process in
this state upon such insurer.
(b) Such service of process under subsection (a) shall be made by
delivering to and leaving with the insurance commissioner of the state
of Indiana, or in the commissioner's office, two (2) copies of the
process and the payment to the commissioner at the time of such
service a fee as required under IC 27-1-3-15. The insurance
commissioner shall forthwith mail by registered mail one (1) of the
copies of such process to the defendant at its last known principal place
of business, and shall keep a record of all process so served upon the
defendant. The service of process is sufficient, if notice of such service
and a copy of the process are sent within ten (10) days thereafter by
registered mail by plaintiff or plaintiff's attorney to the defendant at its
last known principal place of business, and the defendant's receipt, or
receipt issued by the post office with which the letter is registered,
showing the name of the sender of the letter and the name and address
of the person to whom the letter is addressed, and the affidavit of the
plaintiff or plaintiff's attorney showing a compliance with this section
are filed with the clerk of the court in which such action is pending on
or before the date the defendant is required to appear, or within any
further time as the court may allow.
(c) Service of process in any such action, suit, or proceeding shall
in addition to the manner provided in subsection (b) be valid if served
upon any person within this state who, in this state on behalf of such
insurer, is:
(1) soliciting insurance;
(2) making, issuing, or delivering any contract of insurance; or
(3) collecting or receiving any premium, membership fee,
assessment or other consideration for insurance;
and a copy of such process is sent within ten (10) days after the date of
service under subsection (b) by registered mail by the plaintiff or
plaintiff's attorney to the defendant at the last known principal place of
business of the defendant, and the defendant's receipt, or the receipt
issued by the post office with which the letter is registered, showing the
name of the sender of the letter and the name and address of the person
to whom the letter is addressed, and the affidavit of the plaintiff or
plaintiff's attorney showing a compliance with this section are filed
with the clerk of the court in which such action is pending on or before
the date the defendant is required to appear, or within such further time
as the court may allow.
(d) No plaintiff or complainant shall be entitled to a judgment by
default under this section until the expiration of thirty (30) days from
the date of the filing of the affidavit of compliance.
(e) Nothing in this section shall limit or abridge the right to serve
any process, notice, or demand upon any insurer in any other manner
permitted by law.
Formerly: Acts 1955, c.203, s.3. As amended by P.L.130-1994,
SEC.38; P.L.116-1994, SEC.50; P.L.136-2018, SEC.172.