- A. Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within Oklahoma by an unauthorized insurer, or the performance within Oklahoma of any other service or transaction connected with such insurance by or on behalf of such insurer, shall be deemed to constitute an appointment by such insurer of the Insurance Commissioner and his successors in office as its attorney, upon whom may be served all lawful process issued within Oklahoma in any action or proceeding against such insurer arising out of any such contract or transaction.
- B. Such service of process shall be made by delivering to and leaving with the Insurance Commissioner three copies thereof. At time of such service the plaintiff shall pay Ten Dollars ($10.00) to the Insurance Commissioner, taxable as costs in the action. The Insurance Commissioner shall forthwith mail by registered mail one of the copies of such process to the defendant at its principal place of business as last known to the Insurance Commissioner, and shall keep a record of all process so served.
- C. Service of process in any such action or proceeding, in addition to the manner provided herein, shall also be valid if served upon any person within Oklahoma who, in this state on behalf of such insurer, is soliciting insurance, or making, issuing, or delivering any insurance policy, or collecting or receiving any premium, membership fee, assessment, or other consideration for insurance.
- D. Service of process upon such an insurer in accordance with this section shall be as valid and effective as if served upon a defendant personally present in Oklahoma.
- E. Means provided in this section for service of process upon such insurer shall not be deemed to prevent service of process upon such insurer by any other lawful means.
- F. An insurer which has been so served with process shall have the right to appear in and defend such action and employ attorneys and other persons in Oklahoma to assist in its defense thereto or settlement thereof.
Amended by Laws 1985, HB 1424, c. 328, § 8, emerg. eff. July 29, 1985.