§ 36-3010. Actions on policies or insurance contracts – Process – Judgment - Costs.

Action on any policy or contract of insurance issued by an attorney for the underwriters may be brought against the attorney.  In such action, summons and process shall be served on either the Insurance Commissioner or on the attorney-in-fact, and when so served shall have the same effect as if served on the attorney and on each underwriter personally.  A judgment in any such action against the attorney shall be binding upon and be judgment against each and all of the underwriters as their several liabilities may appear in the contract of insurance on which the action is brought.

And such summons or other process shall be served in triplicate, and the Insurance Commissioner shall forthwith, by registered mail, send one copy thereof to the attorney for the underwriters at the principal office designated in the application for license or latest amendment thereof.  The party commencing any action against the underwriters at a Lloyd's and securing service of process in this manner shall at the time of such service pay to such Insurance Commissioner a fee of Three Dollars ($3.00), which the party shall be entitled to collect as taxable costs in the action if he shall prevail.

Added by Laws 1957, p. 362, § 3010, operative July 1, 1957.  Amended by Laws 2009, c. 432, § 18, eff. July 1, 2009.