§ 1213. Service of process on superintendent as attorney for\nunauthorized insurers. (a) The purpose of this section is to subject\ncertain insurers to the jurisdiction of the courts of this state in\nsuits by or on behalf of insureds or beneficiaries under certain\ninsurance contracts. The legislature declares that it is a subject of\nconcern that many residents of this state hold policies of insurance\nissued or delivered in this state by insurers while not authorized to do\nbusiness in this state, thus presenting to such residents the often\ninsuperable obstacle of resorting to distant forums for the purpose of\nasserting legal rights under such policies. In furtherance of such state\ninterest, the legislature herein provides a method of substituted\nservice of process upon such insurers and declares that in so doing it\nexercises its power to protect its residents and to define, for the\npurpose of this section, what constitutes doing business in this state,\nand also exercises powers and privileges available to the state by\nvirtue of public law number fifteen, seventy-ninth congress of the\nUnited States, chapter twenty, first session, senate number three\nhundred forty, as amended, (15 U.S.C. § 1011) which declares that the\nbusiness of insurance and every person engaged therein shall be subject\nto the laws of the several states.\n (b) (1) Any of the following acts in this state, effected by mail or\notherwise, by an unauthorized foreign or alien insurer:\n (A) the issuance or delivery of contracts of insurance to residents of\nthis state or to corporations authorized to do business therein,\n (B) the solicitation of applications for such contracts,\n (C) the collection of premiums, membership fees, assessments or other\nconsiderations for such contracts, or\n (D) any other transaction of business,\nis equivalent to and constitutes its appointment of the superintendent,\nand his successors in office, to be its true and lawful attorney upon\nwhom may be served all lawful process in any proceeding instituted by or\non behalf of an insured or beneficiary arising out of any such contract\nof insurance, and shall signify its agreement that such service of\nprocess is of the same legal force and validity as personal service of\nprocess in this state upon such insurer.\n (2) Such service of process upon any such insurer in any such\nproceeding in any court of competent jurisdiction of this state may be\nmade by serving the superintendent, any deputy superintendent or any\nsalaried employee of the department whom the superintendent designates\nfor such purpose with two copies thereof and the payment to him or her\nof a fee of forty dollars. The superintendent shall forward a copy of\nsuch process by registered or certified mail to the defendant at its\nlast known principal place of business, as designated by the issuer of\nsuch process, and shall keep a record of all process so served upon him\nor her. Such service of process under this paragraph is sufficient,\nprovided notice of such service and a copy of the process are sent\nwithin ten days thereafter by or on behalf of the plaintiff to the\ndefendant at its last known principal place of business by registered or\ncertified mail with return receipt requested. The plaintiff shall file\nwith the clerk of the court in which the action is pending, or with the\njudge or justice of such court if there be no clerk, an affidavit of\ncompliance herewith, a copy of the process, and either a return receipt\npurporting to be signed by the defendant or a person qualified to\nreceive its registered or certified mail in accordance with the rules\nand customs of the post office department, or, if acceptance was refused\nby the defendant or its agent, the original envelope bearing a notation\nby the postal authorities that receipt was refused. Service of process\nso made shall be deemed made within the territorial jurisdiction of any\ncourt in this state.\n (3) Service of process in
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