375.256. Service of process on companies not authorized to do business in this state. - Missouri Statutes

Service of process on companies not authorized to do business inthis state.

375.256. Any insurance company, association, or other insurer notincorporated or authorized under the laws of this state, which shall do orcause to be done any of the following acts in this state, effected by mail orotherwise: the issuance or delivery of contracts of insurance to residents ofthis state or to corporations authorized to do business in this state, thesolicitation of applications for contracts of insurance, the collection ofpremiums, membership fees, assessments or other considerations for contracts,or any other transaction of business, shall be deemed to have constituted andappointed the director of the department of insurance, financial institutionsand professional registration of the state of Missouri, and his successor orsuccessors in office, to be its true and lawful attorney, upon whom may beserved all lawful process in any action, suit, or proceeding instituted in anycounty in this state, by or on behalf of an insured or beneficiary arising outof any contract of insurance, and any such act shall be signification of itsagreement that the service of process is of the same legal force and validityas personal service of process in this state upon the insurer, notwithstandingthe fact that the insurance company, association, or other insurer has failedor neglected to file written power of attorney appointing and authorizing thedirector of the department of insurance, financial institutions andprofessional registration of this state to acknowledge or receive service ofall lawful process for and on behalf of the insurance company, association orother insurer, as provided in section 375.906.

(RSMo 1939 § 6008, A.L. 1951 p. 276, A.L. 1967 p. 516)

(1954) Foreign insurance company could not be compelled to produce policy under subpoena duces tecum served on superintendent of insurance under § 375.160 and consequently secondary evidence thereof was admissible in absence of such subpoena. Lawson v. Creely (A.), 268 S.W.2d 41.

(1962) Where insurance agent solicited and sold an insurance policy in Missouri without the knowledge of his company, the substituted service section would not apply to the company. Wash v. Western Empire Life Insurance Co., 298 F.2d 374.