2023 New York Laws › ISC - Insurance › Article 12 - Organization and Corporate Procedure › 1212 - 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.