2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 3 - Authorization of Insurers and General Requirements 3.3-230 Service of process on insurers -- Secretary of State as attorney for service of process.
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304.3-230 Service of process on insurers -- Secretary of State as attorney for
service of process.
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Upon issuance of a certificate of authority to do business in this state, the
following shall be deemed to have appointed the Secretary of State as their
attorney to receive service of lawful process issued against them in this state:
(a) Foreign or alien insurers;
(b) Domestic reciprocal insurers;
(c) Domestic Lloyd's insurers;
(d) Qualified self-insurers.
Such appointment shall be irrevocable, shall bind any successor in interest or
to the assets or liabilities of the insurer, and shall remain in effect as long as
there is in force in this state or elsewhere a contract that would give rise to a
cause of action in this state, made by the insurer, or liabilities or duties arising
therefrom.
Service of lawful process against unauthorized insurers, except in contracts
issued by insurers or underwriters to those insureds specified in KRS
304.11-020, shall be made upon the Secretary of State, as provided in KRS
304.11-040.
Service of lawful process against authorized domestic insurers shall be had
pursuant to KRS 14A.4-040.
If the Secretary of State is by law the lawful attorney for service of process, the
clerk of the court in which action is brought shall issue a summons against the
defendant named in the complaint and shall serve by certified mail, return
receipt requested, two (2) true copies of the summons with two (2) attested
copies of plaintiff's complaint to the Secretary of State. The Secretary of State
shall immediately mail a copy of the summons and complaint to the defendant;
if an authorized insurer, to the person designated pursuant to subsection (7) of
KRS 304.3-150, and if an unauthorized insurer to the last known principal place
of business. The letter shall be posted by prepaid certified mail, return receipt
requested, and shall bear the return address of the Secretary of State. The
Secretary of State shall make a return to the court showing that the acts
contemplated by this statute have been performed, and shall attach to his
return the registry receipt, if any. Summons shall be deemed to be served on
the return of the Secretary of State and the action shall proceed as provided in
the Kentucky Rules of Civil Procedure.
The Secretary of State shall keep a record of the date and hour of receipt of
such lawful process, as well as the date it is forwarded to the defendant.
For the purpose of this section, "lawful process" shall include only the
summons which initiates and commences a cause of action, and such other
initial notices, rules, or orders which would be required by the Kentucky Rules
of Civil Procedure to be by personal service.
The sheriff serving the summons upon the Secretary of State shall pay to him
at the time of service a fee in the amount set forth in KRS 454.210, which shall
be taxed as costs in the action.
Effective:January 1, 2011
History: Amended 2010 Ky. Acts ch. 151, sec. 133, effective January 1, 2011. --
Amended 2000 Ky. Acts ch. 145, sec. 3, effective July 14, 2000. -- Repealed
and reenacted Ky. Acts ch. 1990 Ky. Acts ch. 425, sec. 2, effective July 13,
1990. -- Amended 1988 Ky. Acts ch. 185, sec. 2, effective July 15, 1988. -Amended 1982 Ky. Acts ch. 319, sec. 1, effective July 15, 1982. -- Amended
1972 Ky. Acts ch. 274, sec. 160, effective July 1, 1972. -- Created 1970 Ky. Acts
ch. 301, subtit. 3, sec. 23, effective June 18, 1970.
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