Okla. Stat. tit. 36, § 36-1118
This is the official text of Okla. Stat. tit. 36, § 36-1118, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Legal process against surplus line insurer
Official statutory text
A. Every surplus lines insurer issuing or delivering a surplus
line policy through a surplus lines licensee or broker in this state
shall conclusively be deemed thereby to have irrevocably appointed
the Insurance Commissioner as its attorney for acceptance of service
Oklahoma Statutes - Title 36. Insurance Page 259
of all legal process, other than a subpoena, issued in this state in
any action or proceeding under or arising out of the policy, and
service of process upon the Insurance Commissioner shall be lawful
personal service upon the surplus lines or nonadmitted insurer.
B. Each surplus line policy shall contain a provision stating
the substance of subsection A of this section, and designating the
person to whom the Insurance Commissioner shall mail process as
provided in subsection C of this section.
C. Triplicate copies of legal process against such an insurer
shall be served upon the Insurance Commissioner, and at time of
service the plaintiff shall pay to the Insurance Commissioner Twenty
Dollars ($20.00), taxable as costs in the action. The Insurance
Commissioner shall immediately mail one copy of the process so
served to the person designated by the insurer in the policy for the
purpose, by mail with return receipt requested. The surplus lines
or nonadmitted insurer shall have forty (40) days after the date of
mailing within which to plead, answer, or otherwise defend the
action.
line policy through a surplus lines licensee or broker in this state
shall conclusively be deemed thereby to have irrevocably appointed
the Insurance Commissioner as its attorney for acceptance of service
Oklahoma Statutes - Title 36. Insurance Page 259
of all legal process, other than a subpoena, issued in this state in
any action or proceeding under or arising out of the policy, and
service of process upon the Insurance Commissioner shall be lawful
personal service upon the surplus lines or nonadmitted insurer.
B. Each surplus line policy shall contain a provision stating
the substance of subsection A of this section, and designating the
person to whom the Insurance Commissioner shall mail process as
provided in subsection C of this section.
C. Triplicate copies of legal process against such an insurer
shall be served upon the Insurance Commissioner, and at time of
service the plaintiff shall pay to the Insurance Commissioner Twenty
Dollars ($20.00), taxable as costs in the action. The Insurance
Commissioner shall immediately mail one copy of the process so
served to the person designated by the insurer in the policy for the
purpose, by mail with return receipt requested. The surplus lines
or nonadmitted insurer shall have forty (40) days after the date of
mailing within which to plead, answer, or otherwise defend the
action.
Status: in_force · Read it on the official government site
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