Tennessee § 56-2-504 - Any lawful process may be served on commissioner or secretary of state — Requirements.

§ 56-2-504. Any lawful process may be served on commissioner or secretary of state — Requirements.

When the commissioner has been appointed or constituted attorney for a foreign or alien insurance company, either by power of attorney or by failure to comply with § 56-2-503, any lawful process against or notice to the company in any action or proceeding against it from any cause of action arising in the state may be served on the commissioner, and filing the power of attorney or doing business in the state shall be a signification of its agreement that the process or notice served shall be of the same legal force and validity as if served upon it in the state. In case of any action or proceeding instituted by or on behalf of the commissioner against or with reference to the company, process may be lawfully served on the secretary of state. Service of process shall be made by leaving two (2) copies of the process or notice, together with a fee of fifteen dollars ($15.00), in the office of the commissioner, together with an affidavit giving the last known address of the defendant, and the service shall be sufficient if notice of the service, and a copy of the process or notice are forthwith sent by registered mail, with return receipt requested, or certified mail by the commissioner to the company at the last known address. An affidavit of the commissioner showing compliance with this subsection (b) shall be filed with the paper in the action or proceeding. The court in which the action or proceeding is pending may order continuances necessary to afford the defendant reasonable opportunity to defend the action. No judgment shall be entered against the defendant under this section until at least thirty (30) days have elapsed after process or notice has been served on the commissioner. The references in this section to the commissioner shall, in the case of any action or proceeding instituted by or on behalf of the commissioner, be deemed to refer to the secretary of state, and the duties and responsibilities imposed by this section shall, in such cases, be performed and discharged by the secretary of state. Acts 1947, ch. 119, §§ 6, 7; C. Supp. 1950, § 6211.3 (Williams, §§ 6459.53, 6459.54); Acts 1953, ch. 136, § 1; T.C.A. (orig. ed.), § 56-321; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 476, § 1; T.C.A., § 56-245; Acts 1980, ch. 821, §§ 1, 2; 2001, ch. 333, § 1. Compiler's Notes. Acts 2001, ch. 333, § 9 provided that the purpose of the act is to afford the insurance division of the department of commerce and insurance the ability to obtain sufficient staff and resources to adequately implement the provisions of title 56 and title 55, chapter 18, part 1 as related to the regulation of the business of insurance. Notwithstanding any law to the contrary, the increase in revenues generated by passage of the act shall be utilized by the department of commerce and insurance to defray the expenses of improvements to the department's insurance division incurred in the regulation of the business of insurance, including the expenses associated with any improvements to the division deemed necessary from time to time by the commissioner of the department of commerce and insurance. The improvements contemplated by the act shall be in addition to the base level funding appropriated to the insurance division in the fiscal year ending June 30, 2001. The commissioner of commerce and insurance is directed to identify the increase in revenues generated by the act and the expenditures associated with this increase, and annually inform the commissioner of the department of finance and administration of the amount of any unexpended revenues. The commissioner of finance and administration at the close of each fiscal year shall reserve any excess revenues raised by the act and unspent by the department of commerce and insurance, until expended for purposes consistent with the act. The funds shall not revert to the general fund on any June 30, and excess revenues shall not revert on any June 30, but shall remain available only for the benefit of the department of commerce and insurance's insurance division. Cross-References. Certified mail instead of registered mail, § 1-3-111 . Foreign fraternal benefit society, service of process against, § 56-25-701 . Law Reviews. Tennessee Workers' Compensation — Where Is the Proper Venue? (D. Andrew Byrne, Ted C. Raynor), 20 Mem. St. U. L. Rev. 189 (1990).