SECTIONS 1600-1605 - California Statutes

INSURANCE CODE

SECTION 1600-1605

1600. The commissioner shall require every foreign insurer, as a
condition precedent to receiving and holding a certificate of
authority, to file and maintain in the commissioner's office a
writing designating an agent for service of process. The agent
designated may be any person residing in this state, including, but
not limited to, any corporate officer of the insurer. The writing
shall state the name of the agent and his or her place of business in
this state with sufficient particularity so that he or she can
readily be found by peace officers or process servers. Appointment of
an agent reasonably available for service of papers, notice, proof
of loss, summons or other process during business hours shall be
continuously maintained by every admitted insurer subject to this
article while it holds a valid and unrevoked certificate of
authority.

1600.5. An agent designated by a foreign insurer as provided in
this article may file with the insurance commissioner a written
statement of resignation as such agent which shall be signed and
execution thereof shall be duly acknowledged by the agent. Thereupon,
the authority of the agent to act in such capacity shall cease and
the commissioner shall forthwith give written notice of such
resignation by mail to the insurer addressed to its principal office
as shown by his records. If an agent who has been appointed by a
foreign corporation as provided in this article dies or resigns or
removes his residence from the State of California, the insurer shall
forthwith file with the commissioner an appointment of a new agent
on a form provided by the commissioner for such purpose and pay the
filing fee therefor, and such filing shall be deemed to revoke any
prior designation of agent.

1601. No fee shall be charged, except as included in the
application for certificate of authority fee provided by Article 3
(commencing with Section 699) of Chapter 1 of this part, for filing
the initial appointment under this article by an applicant for
admission. Thereafter the commissioner shall require the payment of
twenty-nine dollars ($29) in lawful money of the United States in
advance as a fee for filing appointment of agent or stipulation or
both by every admitted foreign or alien insurer, under this article.

1602. Any notice provided by law or by a policy, and any proof of
loss, summons or other process may be served on such agent in any
action or other legal proceeding against the insurer, and such
service gives jurisdiction over the person of such insurer.

1603. The person appointed and designated pursuant to Section 1600
shall be deemed in law a general agent, and shall for service of
process be the principal agent of the insurer in this state.

1604. Every foreign insurer, as a further condition precedent to
admission and in consideration thereof, shall file with the
commissioner an agreement or stipulation, executed by the proper
authorities of such insurer, in form and substance as follows:
"The (giving name of insurer) does hereby stipulate and agree, in
consideration of the permission granted by the State of California to
it to transact insurance business in this State, that if at any time
it leaves this State, ceases to transact business in this State or
is without an agent for service of process in this State, then in any
case where such agent could be served, service may be made upon the
Insurance Commissioner, and such service upon the commissioner shall
have the same force and effect as if made upon the insurer."
When a foreign insurer, prior to the date this code takes effect,
has filed with the commissioner an agreement for service upon him
pursuant to the provisions of section 616 of the Political Code as
then in effect, such filing is a compliance with this section while
such agreement remains in effect.

1605. Service may be made upon the commissioner under the
circumstances described in the agreement or stipulation provided for
by this article and in the manner provided in Article 1 (commencing
with Section 12919) of Chapter 2 of Division 3.