§ 26.1-44-04 — Service of process

Any insurer desiring to transact any business under this chapter, by any surplus lines
producer in this state, shall appoint in writing the commissioner as its true and lawful attorney,
upon whom legal process in any action or proceeding against it must be served, and in the
writing, shall agree that any legal process against it, which is served upon the attorney, is of the
same legal force and validity as if served upon the insurer, and that the authority continues in
force so long as any liability remains outstanding in this state. Copies of the appointment
certified by the commissioner are sufficient evidence thereof and must be admitted in evidence
with the same force and effect as the original. Legal process may not be served upon the
insurer except as provided by this section. In any suit on a policy on behalf of the owner or
holder of the policy, the service of process must be made as provided by this section, but the
action must be prosecuted in the county of the policyholder's residence.