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- Alaska Statutes.
- Title 21. Insurance
- Chapter 33. Unauthorized Insurers
- Section 21. Service of Process On Director.
previous:
Section 20. Unauthorized Insurers Process Act. [Repealed, Sec. 2 Ch 234 SLA 1968].
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Section 25. Service of Process On Lieutenant Governor.
AS 21.33.021. Service of Process On Director.
- (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 director and
the successors of the director in office 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 arising out of a transaction of insurance in this
state or relative to a subject resident, located, or to be performed in this state by that person or nonadmitted
insurer, except in an action, suit, or proceeding by the director or by the state. The transaction of insurance by an
unauthorized person or nonadmitted insurer is acceptance by that person or insurer that legal process 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 the person or insurer, or its successor in interest if a
corporation.
- (b) Service of process shall be made by leaving two copies in the hands or office of the director and paying to the
director for the use of the state a fee set under AS 21.06.250
for each person or insurer. A certificate by the director showing the service, which shall be attached to the original
or third copy of the process presented to the director for that purpose, is sufficient evidence of service. Service
upon the director as attorney shall be service upon the principal.
- (c) The director shall immediately mail one copy of the process to the defendant at its last known principal place of
business and shall keep a record of all process so served upon the director, which shall show the day and hour of
service. This service of process is sufficient, provided notice of the service and a copy of the process are sent
within 10 days by registered mail by the plaintiff or the attorney of the plaintiff to the defendant at the last known
principal place of business of the defendant 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 showing
compliance with this subsection are filed with the clerk of the court in which the action is pending on or before the
date the defendant is required to appear, or within additional time which the court may allow.
- (d) Service of process in an action, suit, or proceeding described in (a) of this section, in addition to the manner
provided in (b) and (c) of this section, is valid if served upon a person in this state who on behalf of an
unauthorized person or nonadmitted insurer is doing any transaction of insurance, and if a copy of the process is sent
within 10 days by registered mail by the plaintiff or the attorney of the plaintiff to the defendant at the last known
principal place of business of the defendant 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 showing
compliance with this subsection are filed with the clerk of the court in which the action is pending on or before the
date the defendant is required to appear, or within additional time that the court may allow.
- (e) A plaintiff or complainant is not entitled to a judgment by default in an action, suit or proceeding in which the
process is served under this section unless there is compliance with the Rules of Civil Procedure governing default
judgments.
- (f) Nothing contained in this section limits or abridges the right to serve a process, notice, or demand upon a person or
insurer in any other manner now or hereafter permitted by law.
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