31A-2-309 - Service of process through state officer. - Utah Statutes

31A-2-309. Service of process through state officer.
(1) The commissioner, or the lieutenant governor when the subject proceeding is broughtby the state, is the agent for receipt of service of a summons, notice, order, pleading, or otherlegal process relating to a Utah court or administrative agency upon the following:
(a) an insurer authorized to do business in this state, while authorized to do business inthis state, and thereafter in a proceeding arising from or related to a transaction having aconnection with this state;
(b) a surplus lines insurer for a proceeding arising out of a contract of insurance that issubject to the surplus lines law, or out of a certificate, cover note, or other confirmation of thattype of insurance;
(c) an unauthorized insurer or other person assisting an unauthorized insurer underSubsection 31A-15-102(1) by doing an act specified in Subsection 31A-15-102(2), for aproceeding arising out of a transaction that is subject to the unauthorized insurance law;
(d) a nonresident producer, consultant, adjuster, or third party administrator, whileauthorized to do business in this state, and thereafter in a proceeding arising from or related to atransaction having a connection with this state; and
(e) a reinsurer submitting to the commissioner's jurisdiction under Subsection31A-17-404(8).
(2) The following is considered to have irrevocably appointed the commissioner andlieutenant governor as that person's agents in accordance with Subsection (1):
(a) a licensed insurer by applying for and receiving a certificate of authority;
(b) a surplus lines insurer by entering into a contract subject to the surplus lines law;
(c) an unauthorized insurer by doing in this state an act prohibited by Section31A-15-103; and
(d) a nonresident producer, consultant, adjuster, and third party administrator.
(3) The commissioner and lieutenant governor are also agents for an executor,administrator, personal representative, receiver, trustee, or other successor in interest of a personspecified under Subsection (1).
(4) A litigant serving process on the commissioner or lieutenant governor under thissection shall pay the fee applicable under Section 31A-3-103.
(5) The right to substituted service under this section does not limit the right to serve asummons, notice, order, pleading, demand, or other process upon a person in another mannerprovided by law.

Amended by Chapter 257, 2008 General Session