375.788. Transaction of insurance business by unauthorized insurer, effect of. - Missouri Statutes

Transaction of insurance business by unauthorized insurer, effect of.

375.788. 1. Any act of transacting an insurance business as set forthin section 375.786 by any unauthorized insurance company is equivalent to andshall constitute an irrevocable appointment by such insurance company, bindingupon him, his executor or administrator, or successor in interest if acorporation, of the secretary of state or his successor in office, to be thetrue and lawful attorney of such insurance company upon whom may be served alllawful process in any action, suit, or proceeding in any court by the directorof the department of insurance, financial institutions and professionalregistration or by the state, and upon whom may be served any notice, order,pleading or process in any proceeding before the director of the department ofinsurance, financial institutions and professional registration and whicharises out of transacting an insurance business in this state by suchinsurance company. Any act of transacting an insurance business in this stateby any unauthorized insurance company shall be signification of its agreementthat any such lawful process in such court action, suit, or proceeding and anysuch notice, order, pleading or process in such administrative proceedingbefore the director of the department of insurance, financial institutions andprofessional registration so served shall be of the same legal force andvalidity as personal service of process in this state upon such insurancecompany.

2. Service of process in such action shall be made by delivering to andleaving with the secretary of state, or some person in apparent charge of hisoffice, two copies thereof and by payment to the secretary of state of the feeprescribed by law. Service upon the secretary of state as such attorney shallbe service upon the principal.

3. The secretary of state shall forthwith forward by certified mail oneof the copies of such process or such notice, order, pleading, or process inproceedings before the director to the defendant in such court proceeding orto whom the notice, order, pleading, or process in such administrativeproceeding is addressed or directed at its last known principal place ofbusiness and shall keep a record of all process so served on him which shallshow the day and hour of service. Such service is sufficient, provided:

(1) Notice of such service and a copy of the court process or thenotice, order, pleading, or process in such administrative proceeding are sentwithin ten days thereafter by certified mail by the plaintiff or theplaintiff's attorney in the court proceeding or by the director of thedepartment of insurance, financial institutions and professional registrationin the administrative proceeding to the defendant in the court proceeding orto whom the notice, order, pleading or process in such administrativeproceeding is addressed or directed at the last known principal place ofbusiness of the defendant in the court or administrative proceeding.

(2) The defendant's receipt or receipts issued by the post office withwhich the letter is registered, showing the name of the sender of the letterand the name and address of the person or insurance company to whom the letteris addressed, and an affidavit of the plaintiff or the plaintiff's attorney incourt proceeding or of the director of the department of insurance, financialinstitutions and professional registration in administrative proceeding,showing compliance therewith, are filed with the clerk of the court in whichsuch action, suit, or proceeding is pending or with the director inadministrative proceedings, on or before the date the defendant in the courtor administrative proceeding is required to appear or respond thereto, orwithin such further time as the court or director of the department ofinsurance, financial institutions and professional registration may allow.

4. No plaintiff shall be entitled to a judgment or a determination bydefault in any court or administrative proceeding in which court process ornotice, order, pleading or process in proceedings before the director of thedepartment of insurance, financial institutions and professional registrationis served under this section until the expiration of forty-five days from thedate of filing of the affidavit of compliance.

5. Nothing in this section shall limit or affect the right to serve anyprocess, notice, order, or demand upon any person or insurance company in anyother manner now or hereafter permitted by law.

(L. 1972 H.B. 1264 § 375.785)