2005 Idaho Code - 41-1207 — HOW PROCESS IS SERVED -- DEFAULT JUDGMENT

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 12
                            UNAUTHORIZED INSURERS
                              AND SURPLUS LINES
    41-1207.  HOW PROCESS IS SERVED -- DEFAULT JUDGMENT. (1) Such service of
process shall be made as provided for in section 41-334(1), [Idaho Code,] and:
    (a)  The director shall forthwith mail by registered mail one (1) of the
    copies of such process to the defendant at its last known principal place
    of business, and shall keep a record of all processes so served upon him.
    (b)  Such service of process is sufficient, provided (i) notice thereof
    and (ii) a copy of the process, are sent to the defendant at its last
    known principal place of business, by the plaintiff or the plaintiff's
    attorney, by registered mail within ten (10) days thereafter, and provided
    that on or before the date the defendant is required to appear, or within
    such further time as the court may allow, there shall be filed with the
    clerk of the court in which such action is pending (i) the defendant's
    receipt of registration, 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 to whom the letter is addressed, and
    (ii) the affidavit of the plaintiff or plaintiff's attorney showing a
    compliance herewith.
    (2)  Service of process in any such action, suit or proceeding shall, in
addition to the manner provided in subsection (1) of this section, be valid if
served upon any person within this state who, on behalf of such insurer, is:
    (a)  Soliciting insurance, or
    (b)  Making, issuing or delivering any contract of insurance, or
    (c)  Collecting or receiving any premium, membership fee, assessment or
    other consideration for insurance; and a copy of such process is sent to
    the defendant in the same manner as set forth in subsection (1)(b) herein.
    (3)  No plaintiff or complainant shall be entitled to a judgment by
default under this section until the expiration of thirty (30) days from the
date of the filing of the affidavit of compliance.
    (4)  Nothing contained in this section shall limit or abridge the right to
serve any process, notice or demand upon any insurer in any other manner now
or hereafter permitted by law.