(a) This subchapter constitutes and may be cited as the “Unauthorized Insurers Process Act”. (b) This subchapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.
Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be deemed to constitute an appointment by the insurer of the Insurance […]
(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. […]
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 […]
(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 […]
