33-1-601. Repealed
33-1-601. Repealed. Sec. 14, Ch. 60, L. 2019. History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(1), (3); amd. Sec. 19, Ch. 227, L. 2001; amd. Sec. 1, Ch. 271, L. 2009.
33-1-602. Repealed
33-1-602. Repealed. Sec. 14, Ch. 60, L. 2019. History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(2); amd. Sec. 1066, Ch. 56, L. 2009.
33-1-603. Repealed
33-1-603. Repealed. Sec. 14, Ch. 60, L. 2019. History: En. Sec. 64, Ch. 286, L. 1959; amd. Sec. 1, Ch. 321, L. 1977; R.C.M. 1947, 40-2819; amd. Sec. 1067, Ch. 56, L. 2009.
33-1-604. Service of process — domestic insurer
33-1-604. Service of process — domestic insurer. (1) Service of process against a domestic insurer must be made pursuant to 35-7-113 or in any other manner permitted by law. (2) Service of process against a domestic reciprocal insurer must be on the attorney-in-fact or in any other manner permitted by law. History: En. Sec. 1, Ch. 60, L. […]
33-1-605. Service of process — foreign or alien insurer — appointment of registered agent
33-1-605. Service of process — foreign or alien insurer — appointment of registered agent. (1) A foreign or alien insurer that transacts any business in this state must have a registered agent upon whom any legal process, notice, or demand required or permitted by law to be served upon a company must be served. The agent […]
33-1-606. Service of process by commissioner
33-1-606. Service of process by commissioner. (1) If a registered agent cannot be found for a foreign or alien insurer doing business in this state, if the agent of record is no longer at the agent’s listed address, if the insurer has failed to maintain an agent as required by 33-1-605, or for other good cause […]
33-1-607. through 33-1-610 reserved
33-1-607 through 33-1-610 reserved.
33-1-611. Unauthorized Insurers Process Act — interpretation
33-1-611. Unauthorized Insurers Process Act — interpretation. (1) Sections 33-1-611 through 33-1-616 constitute and may be cited as the “Unauthorized Insurers Process Act”. (2) Such act shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. History: En. Sec. 178, Ch. 286, L. 1959; R.C.M. 1947, 40-3403.
33-1-612. Commissioner — process agent for unauthorized insurer doing business in state
33-1-612. Commissioner — process agent for unauthorized insurer doing business in state. 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 the insurance by or on behalf of the insurer must be […]
33-1-613. Service of process — criteria mandating designation of commissioner
33-1-613. Service of process — criteria mandating designation of commissioner. (1) Service of process upon any insurer pursuant to 33-1-612 must be made by delivering to and leaving with the commissioner or some person in apparent charge of the commissioner’s office two copies of the process and the payment to the commissioner of the same fee […]
33-1-614. Exemptions from service of process provisions
33-1-614. Exemptions from service of process provisions. Sections 33-1-611 through 33-1-613 shall not apply to: (1) surplus lines insurance lawfully effectuated under part 3, chapter 2; (2) reinsurance; or (3) any action or proceeding against an unauthorized insurer arising out of: (a) wet marine and transportation insurance; (b) insurance on or with respect to subjects located, resident, or to be performed […]
33-1-615. Defense of action by unauthorized insurer
33-1-615. Defense of action by unauthorized insurer. (1) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under 33-1-612 and 33-1-613, such insurer shall: (a) procure a certificate of authority to transact insurance in this state; or (b) deposit with the clerk of the court in […]
33-1-616. Attorney’s fee
33-1-616. Attorney’s fee. In any action against an unauthorized insurer under this Unauthorized Insurers Process Act, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the insurance contract and it appears to the court that such refusal was vexatious […]