New Mexico § 38-1-8 - Service of process upon unauthorized insurer

§ 38-1-8. Service of process upon unauthorized insurer

A. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized

foreign or alien insurer: (1) the issuance or delivery of contracts of insurance

to residents of this state or to corporations authorized to do business therein;

(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

irrevocable appointment by such insurer, binding upon him, his executor or administrator

or successor in interest if a corporation, of the secretary of state to be the true

and lawful attorney of such insurer upon whom may be served all lawful process in

any action, suit or proceeding in any court by the superintendent of insurance, through

the attorney general, and upon whom may be served any notice, order, pleading or process

in any proceeding before the superintendent of insurance and which arises out of transacting

an insurance business in this state by such insurer, and any such act shall be signification

of its agreement that such service of process is of the same legal force and validity

as personal service of process in this state upon such insurer. B. Such service of process shall be made by delivering to and leaving with the secretary

of state, or some person in charge of his office, two copies thereof and the payment

to him of a fee of two dollars ($2.00). The secretary of state shall forthwith mail by registered mail one of the copies

of such process to the defendant at his last known principal place of business, and

shall keep a record of all process 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 days thereafter by registered mail by the superintendent

of insurance or the attorney general in the court proceeding or by the superintendent

of insurance in the administrative proceeding 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 superintendent of insurance or the attorney general showing a compliance herewith

are filed with the clerk of the court in which such action is pending, or with the

superintendent in administrative proceedings, on or before the date the defendant

is required to appear, or within such further time as the court may allow. C. Service of process in any such action, suit or proceeding shall, in addition to

the manner provided in Subsection B of this section, be valid if served upon any person

within this state, who, in this state on behalf of such insurer, is (1) soliciting

insurance; (2) making, issuing or delivering any contract of insurance; or (3) collecting

or receiving any premium, membership fee, assessment or other consideration for insurance,

and a copy of such process is sent within ten days thereafter by registered mail by

the superintendent of insurance or the attorney general 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 superintendent of insurance or the

attorney general showing a compliance herewith are filed with the clerk of the court

in which such action is pending, or with the superintendent of insurance in administrative

proceedings, on or before the date the defendant is required to appear, or within

such further time as the court may allow in the case of court proceedings. D. The superintendent of insurance or the attorney general shall not be entitled to

a judgment by default in any court or administrative proceeding under this section

until the expiration of thirty days from the date of the filing of the affidavit of

compliance. E. Nothing in this section 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.