§ 59A-5-32 — Serving process; time to plead

A. Service of process against an insurer for whom the superintendent is attorney shall be made by delivering by email to the superintendent, or the superintendent's designee, an electronic copy of the process together with the fee specified in Section 59A-6-1 NMSA 1978, taxable as costs in the action. B. Upon such service the superintendent shall deliver such process showing the date and time of service on the superintendent, to the email or electronic portal address of the person currently designated by the insurer to receive such process as provided in Section 59A-5-31 NMSA 1978. Service of process on the insurer shall be complete upon such electronic delivery of the process. C. Process served as provided in this section shall for all purposes constitute valid and binding personal service within this state upon the insurer. If summons is served under this section, the time within which the insurer is required to appear shall be extended an additional ten days beyond that otherwise allowed by New Mexico rules of civil procedure. D. The superintendent shall keep record of the day and time of service of legal process under this section. E. If the electronic delivery requirements of this section create a hardship for any person serving an insurer pursuant to this subsection, that person shall deliver to the superintendent or the superintendent's designee two copies of the process together with the fee specified in Section 59A-6-1 NMSA 1978, taxable as costs in the action. Upon such service, the superintendent shall deliver the process to the insurer as provided in Subsection B of this section.

Legislative History

Laws 1984, ch. 127, § 99; 2021, ch. 108, § 5.