Oklahoma § 36-1103 - Service of process on a surplus lines insurer

§ 36-1103. Service of process on a surplus lines insurer

A. Delivery, effectuation, or solicitation of any insurance

contract, by mail or otherwise, within this state by a surplus lines

insurer, or the performance within this state of any other service

or transaction connected with the insurance by or on behalf of the

insurer, shall be deemed to constitute an appointment by the insurer

of the Insurance Commissioner as its attorney, upon whom may be

served all lawful process issued within this state in any action or

proceeding against the insurer arising out of any such contract or

transaction.

B. Service of process shall be made by delivering to and

leaving with the Insurance Commissioner three copies thereof. At

time of service the plaintiff shall pay Twenty Dollars ($20.00) to

the Insurance Commissioner, taxable as costs in the action. The

Insurance Commissioner shall mail by registered mail one of the

copies of the process to the defendant at any home state address as

last known to the Insurance Commissioner, and shall keep a record of

all process so served.

C. Service of process in any action or proceeding, in addition

to the manner provided herein, shall also be valid if served upon

any person within this state who, in this state on behalf of the

insurer, is soliciting insurance, or making, issuing, or delivering

any insurance policy, or collecting or receiving any premium,

membership fee, assessment, or other consideration for insurance.

D. Service of process upon an insurer in accordance with this

section shall be as valid and effective as if served upon a

defendant personally present in this state.

Oklahoma Statutes - Title 36. Insurance

E. Means provided in this section for service of process upon

the insurer shall not be deemed to prevent service of process upon

the insurer by any other lawful means.

F. An insurer which has been so served with process shall have

the right to appear in and defend the action and employ attorneys

and other persons in this state to assist in its defense or

settlement.

Added by Laws 1957, p. 256, § 1103, operative July 1, 1957. Amended

by Laws 1985, c. 328, § 8, emerg. eff. July 29, 1985; Laws 1997, c.

418, § 38, eff. Nov. 1, 1997; Laws 2010, c. 222, § 12, eff. Nov. 1,

2010; Laws 2011, c. 278, § 9 and Laws 2011, c. 360, § 9; Laws 2012,

c. 45, § 6, emerg. eff. April 16, 2012.

NOTE: Laws 2011, c. 278, § 9 and Laws 2011, c. 360, § 9 made

identical changes to this section.