§ 27-4-4-4 — Deposit or bond; motion to quash service

Indiana § 27-4-4-4

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 4: UNFAIR COMPETITION; UNAUTHORIZED
• Ch. 4: Unauthorized Insurers Process Act

Text

(a) Before any unauthorized foreign or alien
insurer shall file or cause to be filed any pleading in any action, suit, or
proceeding instituted against it, such unauthorized insurer shall:
(1) deposit, with the clerk of the court in which such action, suit,
or proceeding is pending, cash or securities, or file with such
clerk a bond with good and sufficient sureties, to be approved by
the court, in an amount to be fixed by the court sufficient to
secure the payment of any final judgment which may be rendered
in such action; or
(2) procure a certificate of authority to transact the business of
insurance in this state.
(b) The court in any action, suit, or proceeding, in which service is
made in the manner provided in section 3 of this chapter may, in its
discretion, order such postponement as may be necessary to afford the
defendant reasonable opportunity to comply with the provisions of
subsection (a) and to defend such action.
(c) Nothing in subsection (a) is to be construed to prevent an
unauthorized foreign or alien insurer from filing a motion to quash a
writ or to set aside service made in the manner provided in section 3 of
this chapter on the ground either:
(1) that such unauthorized insurer has not done any of the acts
enumerated in section 3(a) of this chapter; or
(2) that the person on whom service was made pursuant to section
3(c) of this chapter was not doing any of the acts enumerated in
section 3(c) of this chapter.
Formerly: Acts 1955, c.203, s.4. As amended by P.L.252-1985,
SEC.161; P.L.136-2018, SEC.173.