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- Alaska Statutes.
- Title 21. Insurance
- Chapter 33. Unauthorized Insurers
- Section 25. Service of Process On Lieutenant Governor.
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Section 21. Service of Process On Director.
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Section 30. Director Process Agent. [Repealed, Sec. 2 Ch 234 SLA 1968].
AS 21.33.025. Service of Process On Lieutenant Governor.
- (a) The transaction of insurance by an unauthorized person or nonadmitted insurer is equivalent to and constitutes an
irrevocable appointment by that person or insurer, binding upon the person or insurer, the executor, administrator, or
personal representative of the person or insurer, or its successor in interest if a corporation, of the lieutenant
governor and the successors in office of the lieutenant governor to be the lawful attorney of that person or insurer
upon whom may be served all legal process in any action, suit, or proceeding in any court by the director or by the
state and upon whom may be served any notice, order, pleading, or process in any proceeding before the director and
which arises out of the transaction of insurance in this state or relative to a subject resident, located, or to be
performed in this state by that person or insurer. The transaction of insurance by an unauthorized person or
nonadmitted insurer is acceptance by that person or insurer that legal process in the court action, suit, or proceeding
and any notice, order, pleading, or process in an administrative proceeding before the director so served has the same
legal force and validity as personal service of process in this state upon the person or insurer, or upon the executor,
administrator, or personal representative of that person or insurer, or its successor in interest if a corporation.
- (b) The service of process in the action, suit, or proceeding in any court or the notice, order, pleading, or process in
the administrative proceeding authorized by (a) of this section shall be made by leaving two copies in the hands or
office of the lieutenant governor. A certificate by the lieutenant governor showing the service, which shall be
attached to the original or third copy of the process presented to the lieutenant governor for that purpose, is
sufficient evidence of service. Service upon the lieutenant governor as attorney shall be service upon the principal.
- (c) The lieutenant governor shall immediately mail one copy of the court process or notice, order, pleading, or process in
proceedings before the director to the defendant in the court proceeding or to whom the notice, order, pleading, or
process in the administrative proceeding is addressed or directed at the last known principal place of business of the
defendant and shall keep a record of all process so served that shall show the day and hour of service. The service is
sufficient, provided notice of the service and a copy of the court process or the notice, order, pleading, or process
in the administrative proceeding are sent within 10 days after service by registered mail by the plaintiff or the
attorney of the plaintiff in the court proceeding or by the director in the administrative proceeding to the defendant
in the court proceeding or by whom the notice, order, pleading, or process in the administrative proceeding is
addressed or directed at its last known principal place of business of the defendant in the court or administrative
proceeding, and the defendant's receipt, or receipt issued by the post office with which the letter is registered,
showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is
addressed, and the affidavit of the plaintiff or the attorney of the plaintiff in a court proceeding or of the director
in an administrative proceeding, showing compliance are filed with the clerk of the court in which the action, suit, or
proceeding is pending or with the director in administrative proceedings, on or before the date the defendant in the
court or administrative proceeding is required to appear or respond, or within additional time which the court or
director may allow.
- (d) A plaintiff or complainant may not obtain a judgment or determination by default in a court or administrative
proceeding in which court process or notice, order, pleading, or process in proceedings before the director is served
under this section until there is compliance with the Rules of Civil Procedure regarding default judgments.
- (e) This section does not limit or abridge the right to serve a process, notice, order, pleading, or demand upon a person
or insurer in any other manner now or hereafter permitted by law.
- (f) The attorney general, upon request of the director, is authorized to proceed in the courts of this or another state or
in a federal court or agency to enforce an order or decision in a court proceeding or in an administrative proceeding
before the director.
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