§ 23-65-203. Service of process
(a) Service of process upon any such insurer pursuant to § 23-65-202 shall be made by delivering to and leaving with the Insurance Commissioner or some person in apparent charge of his or her office two (2) copies thereof and the payment to him or her of such fees as may be prescribed by law. […]
§ 23-65-204. Exemptions from service-of-process provisions
Sections 23-65-202, 23-65-203, and 23-65-205 shall not apply to surplus line insurance lawfully effectuated under this chapter, or to reinsurance, nor to any action or proceeding against an unauthorized insurer arising out of: (1) Wet marine and foreign trade insurance; (2) Insurance on subjects located, resident, or to be performed wholly outside this state or […]
§ 23-65-205. Defense of action by unauthorized insurer — Damages and attorney’s fees
(a) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under §§ 23-65-202 and 23-65-203, the insurer shall: (1) Procure a certificate of authority to transact insurance in this state; or (2) Deposit with the clerk of the court in which such action […]
§ 23-65-301. Title
This subchapter shall be known and may be cited as the “Surplus Lines Insurance Law”.
§ 23-65-302. Exceptions
This subchapter shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this state: (1) Wet marine and foreign trade insurance; (2) Insurance on subjects that are: (A) Located, resident, or to be performed outside this state; or (B) On vehicles or aircraft principally garaged outside […]
§ 23-65-303. Insurer not admitted
(a) The permission granted in this law to place any insurance in a nonadmitted insurer shall not be deemed or construed to authorize that insurer to otherwise transact an insurance business in this state. Further, this limited permission shall not be deemed or construed so as to exempt nonadmitted insurers from the principles of the […]
§ 23-65-304. Definitions
As used in this subchapter: (1) “Affiliated group” means a group of entities in which each entity, with respect to an insured, controls, is controlled by, or is under common control with the insured; (2) “Alien insurer” means an insurance company incorporated or formed under the laws of a country other than the United States; […]
§ 23-65-305. Conditions of procurement
(a) If certain insurance coverages cannot be procured from authorized insurers, coverage designated “surplus lines” may be procured from unauthorized insurers subject to the following conditions: (1) The insurance shall be procured through a licensed surplus lines broker; (2) If this state is the home state of the insured: (A) The full amount of insurance […]
§ 23-65-306. Brokers’ reports
(a) At the time of the procuring of surplus lines insurance in this state, when this state is considered the home state of the insured, the surplus lines broker shall file a report with the Insurance Commissioner within sixty (60) days following the end of the calendar quarter stating the facts referenced in §§ 23-65-313 […]
§ 23-65-307. Endorsement of contract
An insurance contract procured on behalf of an insured whose home state is this state and delivered as surplus lines coverage under this subchapter shall be initiated by or bear the name of the surplus lines broker who procured it and shall contain a conspicuous statement substantially similar to the following: “This contract is registered […]