Guam § 15205 - Service of Process Upon Unauthorized Insurer.

§ 15205. Service of Process Upon Unauthorized Insurer.

(a) The transacting of business in Guam by a foreign or alien

insurer without a certificate of authority and the issuance or

delivery by such foreign or alien insurer of a policy or contract of

insurance to a citizen of Guam or to a resident thereof, or to a

corporation authorized to do business therein, is equivalent to an

appointment by such insurer to the Commissioner and his

successor or successors in office, to be its true and lawful attorney,

upon whom may be served all lawful process in any action, suit or

proceeding arising out of such policy or contract of insurance, and

the said issuance or delivery is a signification of its agreement that

any such service or process is of the same legal force and validity

as personal service of process in Guam upon it.

(b) Such service of process shall be made by delivering and

leaving with the Commissioner or to some person in apparent

charge of his office two (2) copies thereof and the payment to him

of such fees as may be prescribed by law. The Commissioner shall

forthwith mail by registered mail one (1) of the copies of such

process to the defendant at his last known principal place of

business and shall keep a record of all processes so served upon

him. Such service of process is sufficient, provided notice of such

service and a copy of the process are sent within ten (10) days

thereafter by registered mail by plaintiff’s attorney to the

defendant at his last known principal place of business, 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 plaintiff’s attorney showing a

compliance herewith, are filed with the clerk of the court in which

such action is pending on or before the date the defendant is

required to appear, or within such further time as the court may

allow. However, no plaintiff or complainant shall be entitled to a

judgment by default, or a judgment with leave to prove damages,

or a judgment pro confesso under this section until the expiration

of thirty (30) days from date of the filing of the affidavit of

compliance.

(c) Service of process in any such action, suit or proceedings

shall, in addition to the manner provided in subsection (b) of this

section, be valid if served upon any person within Guam who, in

Guam, on behalf of such insurer, is (1) soliciting insurance, or (2)

making any contract of insurance or issuing or delivering any

policies or written contracts of insurance, or (3) collecting or

receiving any premium for insurance; and a copy of such process

is sent within ten (10) days thereafter by registered mail by the

plaintiff’s attorney 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 and the

name and address of the person to whom the letter is addressed,

and the affidavit of the plaintiff’s attorney showing a compliance

herewith, are filed with the clerk of the court in which such action

is pending on or before the date the defendant is required to

appear, or with such further time as the court may allow.

(d) Nothing in this section contained shall limit or abridge the

right to serve any process, notice or demand upon any insurer in

any other manner now or hereafter permitted by law.