(a)Any of the following acts in this state,
effected by mail or otherwise, by any such unauthorized foreign or
alien insurer:
(1)the issuance or delivery of contracts of insurance to residents
of 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 commissioner of insurance, and the commissioner's successor or
successors in office, to be its true and lawful attorney, upon whom may
be served all statements of charges, notices and lawful process in any
proceeding instituted in respect to the misrepresentations set forth in
section 3 of this chap
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(a) Any of the following acts in this state,
effected by mail or otherwise, by any such unauthorized foreign or
alien insurer:
(1) the issuance or delivery of contracts of insurance to residents
of 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 commissioner of insurance, and the commissioner's successor or
successors in office, to be its true and lawful attorney, upon whom may
be served all statements of charges, notices and lawful process in any
proceeding instituted in respect to the misrepresentations set forth in
section 3 of this chapter under IC 27-4-1 or in any action, suit, or
proceeding for the recovery of any penalty provided in IC 27-4-1, and
any such act shall be signification of its agreement that the service of
statement of charges, notices, or process is of the same legal force and
validity as personal service of such statement of charges, notices, or
process in this state, upon such insurer.
(b) Service of a statement of charges and notices under IC 27-4-1
shall be made by any deputy or employee of the department of
insurance delivering to and leaving with the commissioner or some
person in apparent charge of the commissioner's office, two (2) copies
of the statement of charges and notices. Service of process issued by
any court in any action, suit, or proceeding to collect any penalty under
IC 27-4-1 shall be made by delivering and leaving with the
commissioner, or some person in apparent charge of the
commissioner's office, two (2) copies of the process. The commissioner
shall forthwith cause to be mailed by registered mail one (1) of the
copies of such statement of charges, notices, or process to the
defendant at its last known principal place of business, and shall keep
a record of all statements of charges, notices, and process so served.
Such service of statement of charges, notices, or process shall be
sufficient provided they shall have been so mailed 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 person mailing such letter showing a compliance with
this section are filed with the commissioner in the case of any
statement of charges or notices, or with the clerk of the court in which
such action is pending in the case of any process, on or before the date
the defendant is required to appear or within such further time as may
be allowed.
(c) Service of statement of charges, notices, and process in any such
proceeding, action, or suit shall, in addition to the manner provided in
subsection (b), be valid if served upon any person within this state who
on behalf of such insurer is:
(1) soliciting insurance;
(2) making, issuing, or delivering any contract of insurance; or
(3) collecting or receiving in this state any premium for insurance;
and a copy of such statement of charges, notices, or process is sent
within ten (10) days after the date of the service of the statement of
charges, notices, or process by registered mail by or on behalf of the
commissioner 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, the name and address of the person to
whom the letter is addressed, and the affidavit of the person mailing the
same showing a compliance with this section are filed with the
commissioner in the case of any statement of charges or notices, or
with the clerk of the court in which such action is pending in the case
of any process, on or before the date the defendant is required to appear
or within such further time as the court may allow.
(d) No cease or desist order or judgment by default or a judgment
by confession under this section shall be entered until the expiration of
thirty (30) days from the date of the filing of the affidavit of
compliance.
(e) Service of process and notice under the provisions of this chapter
shall be in addition to all other methods of service provided by law, and
nothing in this chapter shall limit or prohibit the right to serve any
statement of charges, notices, or process upon any insurer in any other
manner permitted by law.
Formerly: Acts 1963, c.163, s.5. As amended by P.L.252-1985,
SEC.174; P.L.136-2018, SEC.179.