§ 1212 — Service of process upon superintendent as attorney

New York § 1212

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 12: Organization and Corporate Procedure

Text

§ 1212. Service of process upon superintendent as attorney. (a) No\ndomestic, foreign or alien insurer, including a fraternal benefit\nsociety, shall be or continue to be authorized to do an insurance\nbusiness in this state unless there shall be filed in the office of the\nsuperintendent a power of attorney, executed by such insurer, appointing\nthe superintendent and his successors in office, and authorized\ndeputies, as its true and lawful attorney in and for this state, upon\nwhom all lawful process in any proceeding against it on a contract\ndelivered or issued for delivery, or on a cause of action arising, in\nthis state may be served. Such power of attorney shall be accompanied by\nthe insurer's written certificate of designation of the name and address\nof the officer, agent, or other person to whom such process shall be\nforwarded by the superintendent or his deputy. Such designation may be\nchanged by filing of a new certificate of designation in the office of\nthe superintendent.\n (b) Service of process upon any such insurer in any proceeding in any\ncourt of competent jurisdiction may be made by serving the\nsuperintendent, any deputy superintendent, or any salaried employee of\nthe department whom the superintendent designates for such purpose, all\nof whom shall have authority to accept such service pursuant to any such\npower of attorney. The service of process upon a domestic fraternal\nbenefit society shall only be made by serving the superintendent, any\ndeputy superintendent, any salaried employee of the department whom the\nsuperintendent designates for such purpose or by serving the process at\nthe home office of such society. The service of process upon any foreign\nor alien fraternal benefit society shall be made only by serving the\nsuperintendent, any deputy superintendent or any salaried employee of\nthe department whom the superintendent designates for such purpose.\nService of process so made shall be deemed to have been made within the\nterritorial jurisdiction of any court in this state.\n (c) At the time of service of process a fee of forty dollars shall be\npaid to the superintendent or his deputy.\n (d) The power of attorney required by subsection (a) hereof shall be\nby its terms of indefinite duration, shall bind any person or\ncorporation which as successor acquires the insurer's assets and assumes\nits liabilities by merger or consolidation, and shall not be terminated\nby the insurer or such successor so long as any contracts, or\nliabilities or duties arising out of contracts, issued or delivered by\nsuch insurer in this state are in effect. Except as provided herein, or\nin section one thousand two hundred thirteen of this article, the\nsuperintendent shall not be designated as attorney for the service of\nprocess upon any unlicensed alien or foreign insurer.\n (e) Whenever any lawful process shall be served upon the\nsuperintendent, any deputy superintendent, or any salaried employee of\nthe department whom the superintendent designates for such purpose under\nthe provisions of this section, such person shall forward a copy of such\nprocess by mail, prepaid, directed to the person last designated by such\ninsurer, as shown by the records of the department.\n (f) When one or more underwriters of any Lloyds underwriters, or one\nor more subscribers of any reciprocal insurer, are joined in the same\nproceeding, and service of process is made pursuant to this section,\nonly one copy of such process shall be so served, and such service shall\nhave the same effect as if made upon all such underwriters or all such\nsubscribers. Such process shall be forwarded to the attorney-in-fact of\nsuch Lloyds underwriters or of such reciprocal insurer, and each such\nattorney-in-fact shall be designated to receive such process as\nspecified in subsection (a) hereof.\n (g) The superintendent shall keep records, issue certificates and\ndestroy processes served upon him, all as provided in subsection (f) of\nsection one thousand two hundred thirteen of this article.\n