Oklahoma § 36-1118 - Legal process against surplus line insurer

§ 36-1118. Legal process against surplus line insurer

A. Every surplus lines insurer issuing or delivering a surplus

line policy through a surplus lines licensee or broker in this state

shall conclusively be deemed thereby to have irrevocably appointed

the Insurance Commissioner as its attorney for acceptance of service

Oklahoma Statutes - Title 36. Insurance

of all legal process, other than a subpoena, issued in this state in

any action or proceeding under or arising out of the policy, and

service of process upon the Insurance Commissioner shall be lawful

personal service upon the surplus lines or nonadmitted insurer.

B. Each surplus line policy shall contain a provision stating

the substance of subsection A of this section, and designating the

person to whom the Insurance Commissioner shall mail process as

provided in subsection C of this section.

C. Triplicate copies of legal process against such an insurer

shall be served upon the Insurance Commissioner, and at time of

service the plaintiff shall pay to the Insurance Commissioner Twenty

Dollars ($20.00), taxable as costs in the action. The Insurance

Commissioner shall immediately mail one copy of the process so

served to the person designated by the insurer in the policy for the

purpose, by mail with return receipt requested. The surplus lines

or nonadmitted insurer shall have forty (40) days after the date of

mailing within which to plead, answer, or otherwise defend the

action.

Added by Laws 1957, p. 260, § 1118, operative July 1, 1957. Amended

by Laws 1986, c. 251, § 11, eff. Nov. 1, 1986; Laws 1997, c. 418, §

42, eff. Nov. 1, 1997; Laws 2010, c. 222, § 21, eff. Nov. 1, 2010;

Laws 2011, c. 278, § 22 and Laws 2011, c. 360, § 22; Laws 2012, c.

45, § 19, emerg. eff. April 16, 2012.

NOTE: Laws 2011, c. 278, § 22 and Laws 2011, c. 360, § 22 made

identical changes to this section.