2006 New York Code - Service Of Process Upon Superintendent As Attorney.

 
    §  1212.  Service  of  process upon superintendent as attorney. (a) No
  domestic, foreign  or  alien  insurer,  including  a  fraternal  benefit
  society,  shall  be  or  continue  to  be  authorized to do an insurance
  business in this state unless there shall be filed in the office of  the
  superintendent a power of attorney, executed by such insurer, appointing
  the   superintendent  and  his  successors  in  office,  and  authorized
  deputies, as its true and lawful attorney in and for  this  state,  upon
  whom  all  lawful  process  in  any  proceeding against it on a contract
  delivered or issued for delivery, or on a cause of  action  arising,  in
  this state may be served. Such power of attorney shall be accompanied by
  the insurer's written certificate of designation of the name and address
  of  the  officer,  agent,  or other person to whom such process shall be
  forwarded by the superintendent or his deputy. Such designation  may  be
  changed  by  filing of a new certificate of designation in the office of
  the superintendent.
    (b) Service of process upon any such insurer in any proceeding in  any
  court   of   competent   jurisdiction   may   be  made  by  serving  the
  superintendent, any deputy superintendent, or any salaried  employee  of
  the  department whom the superintendent designates for such purpose, all
  of whom shall have authority to accept such service pursuant to any such
  power of attorney. The service of  process  upon  a  domestic  fraternal
  benefit  society  shall  only be made by serving the superintendent, any
  deputy superintendent, any salaried employee of the department whom  the
  superintendent  designates for such purpose or by serving the process at
  the home office of such society. The service of process upon any foreign
  or alien fraternal benefit society shall be made  only  by  serving  the
  superintendent,  any  deputy  superintendent or any salaried employee of
  the department whom the  superintendent  designates  for  such  purpose.
  Service  of process so made shall be deemed to have been made within the
  territorial jurisdiction of any court in this state.
    (c) At the time of service of process a fee of forty dollars shall  be
  paid to the superintendent or his deputy.
    (d)  The  power of attorney required by subsection (a) hereof shall be
  by  its  terms  of  indefinite  duration,  shall  bind  any  person   or
  corporation which as successor acquires the insurer's assets and assumes
  its  liabilities by merger or consolidation, and shall not be terminated
  by  the  insurer  or  such  successor  so  long  as  any  contracts,  or
  liabilities  or  duties arising out of contracts, issued or delivered by
  such insurer in this state are in effect. Except as provided herein,  or
  in  section  one  thousand  two  hundred  thirteen  of this article, the
  superintendent shall not be designated as attorney for  the  service  of
  process upon any unlicensed alien or foreign insurer.
    (e)   Whenever   any   lawful   process   shall  be  served  upon  the
  superintendent, any deputy superintendent, or any salaried  employee  of
  the department whom the superintendent designates for such purpose under
  the provisions of this section, such person shall forward a copy of such
  process by mail, prepaid, directed to the person last designated by such
  insurer, as shown by the records of the department.
    (f)  When  one or more underwriters of any Lloyds underwriters, or one
  or more subscribers of any reciprocal insurer, are joined  in  the  same
  proceeding,  and  service  of  process is made pursuant to this section,
  only one copy of such process shall be so served, and such service shall
  have the same effect as if made upon all such underwriters or  all  such
  subscribers.  Such process shall be forwarded to the attorney-in-fact of
  such Lloyds underwriters or of such reciprocal insurer,  and  each  such
  attorney-in-fact   shall  be  designated  to  receive  such  process  as
  specified in subsection (a) hereof.
    (g) The superintendent shall  keep  records,  issue  certificates  and
  destroy  processes served upon him, all as provided in subsection (f) of
  section one thousand two hundred thirteen of this article.