507A.6 Secretary of state as process agent. 1. Any act of doing an insurance business as set forth in this chapter by any unauthorized person or insurer is equivalent to and shall constitute an irrevocable appointment by suchperson and insurer, binding upon the person or insurer, the person’s or insurer’s executoror administrator, or successor in interest if a corporation, of the secretary of state or thesecretary of state’s successor in office, to be the true and lawful attorney of such person orinsurer upon whom may be served all legal process in any action, suit, or proceeding in anycourt by the commissioner of insurance or by the state and upon whom may be served anynotice, order, pleading or process in any proceeding before the commissioner of insuranceand which arises out of doing an insurance business in this state by such person or insurer.Any act of doing an insurance business in this state by any unauthorized person or insurershall be signification of its agreement that any such legal process in such court action, suit, orproceeding and any such notice, order, pleading, or process in such administrative proceedingbefore the commissioner of insurance so served shall be of uch legal process in such court action, suit, orproceeding and any such notice, order, pleading, or process in such administrative proceedingbefore the commissioner of insurance so served shall be of the same legal force and validityas personal service of process in this state upon such person or insurer. 2. Service of process in such action shall be made by delivering to and leaving with the secretary of state or some person in apparent charge of the secretary of state’s office, twocopies thereof. Service upon the secretary of state as such attorney shall be service upon theprincipal. 3. The secretary of state shall forthwith forward by certified mail one of the copies of such process or such notice, order, pleading, or process in proceedings before the commissionerto the defendant in such court proceeding or to whom the notice, order, pleading, or processin such administrative proceeding is addressed or directed at the last known principal placeof business and shall keep a record of all process so served on the secretary of state whichshall show the day and hour of service. Such service is sufficient, provided: a. last known principal placeof business and shall keep a record of all process so served on the secretary of state whichshall show the day and hour of service. Such service is sufficient, provided: a. Notice of such service and a copy of the court process or the notice, order, pleading, or process in such administrative proceeding is sent within ten days thereafter by certifiedmail by the plaintiff or the plaintiff’s attorney in the court proceeding or by the commissionerof insurance in the administrative proceeding to the defendant in the court proceeding or towhom the notice, order, pleading, or process in such administrative proceeding is addressedor directed at the last known principal place of business of the defendant in the court oradministrative proceeding. b. The defendant’s receipt or receipts 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 theperson or insurer to whom the letter is addressed, and an affidavit of the plaintiff or theplaintiff’s attorney in court proceeding or of the commissioner of insurance in administrativeproceeding, showing compliance therewith are filed with the ssed, and an affidavit of the plaintiff or theplaintiff’s attorney in court proceeding or of the commissioner of insurance in administrativeproceeding, showing compliance therewith are filed with the clerk of the court in which suchaction, suit, or proceeding is pending or with the commissioner in administrative proceedings,on or before the date the defendant in the court or administrative proceeding is requiredto appear or respond thereto, or within such further time as the court or commissioner ofinsurance may allow. 4. No plaintiff shall be entitled to a judgment or a determination by default in any court or administrative proceeding in which court process or notice, order, pleading, or processin proceedings before the commissioner of insurance is served under this section until theexpiration of forty-five days from the date of filing of the affidavit of compliance. 5. Nothing in this section shall limit or abridge the right to serve any process, notice, order, or demand upon any person or insurer in any other manner now or hereafter permitted bylaw. [C50, 54, 58, 62, 66, §507A.3; C71, 73, 75, 77, 79, 81, §507A.6]Referred to in §507A.7 Sat Dec 23 00:39:12 2023 Iowa Code 2024, person or insurer in any other manner now or hereafter permitted bylaw. [C50, 54, 58, 62, 66, §507A.3; C71, 73, 75, 77, 79, 81, §507A.6]Referred to in §507A.7 Sat Dec 23 00:39:12 2023 Iowa Code 2024, Section 507A.6 (16, 0)
Iowa Legal Code