28 Tex. Admin. Code § 7.1404 - Service of Process Procedure for Domestic Insurers Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party Administrators, Unauthorized Persons or Insurers, Organizations Formed under the Insurance Code, Article 3.71, and Surplus Lines Insurers
(a)
Person, place, and time for service. If service of legal process, notice, or
demand is to be effected on a company or organization by serving the
commissioner, the process, notice, or demand may be served personally or by
certified or registered mail. Personal service must be effected by a
disinterested person over 18 years of age by leaving two copies of the process,
notice, or demand with the commissioner or with any appointee of the
commissioner authorized to receive process at the offices of the State Board of
Insurance during regular business hours.
(b) Required fee. A fee of $50, payable by
check or money order to the Texas Department of Insurance, must be provided for
each legal process, notice, or demand served on the commissioner, and the fee
must accompany each service of legal process, notice, or demand filed with the
commissioner.
(c) Requirements for
the citation filed with the commissioner. The citation must be directed to the
defendant insurance company or organization, must be served through the
commissioner, and must include the following:
(1) for a licensed company, the name and
address of the company or organization as it appears in the records of the
State Board of Insurance;
(2) for
an unauthorized person or insurer, the name and address of the person or
insurer to be served;
(3) for a
surplus lies insurer, the name and address of the company to be
served;
(4) for a risk retention
group, the name and address of the group to be served;
(5) for a purchasing group, foreign or
domestic, the name and address of the group to be served;
(6) for a third party administrator, the name
and address of the entity to be served; or
(7) for an unincorporated association, trust,
or other organization formed under the Insurance Code, Article 3.71, the name
and address of the association, trust, or organization.
(d) Forwarding by commissioner. If the
process, notice, or demand served on the commissioner is in full compliance
with the requirements of subsections (a)-(c) of this section, the commissioner
shall immediately have one copy forwarded by certified or registered mail to:
(1) the home office or principal business
office of the company, if licensed, as indicated in the records of the State
Board of Insurance; or
(2) the
defendant at the address supplied in the citation as provided by subsection
(c)(2), (3), (4), (5), (6), or (7) of this section.
(e) Effect of failure to comply with filing
requirements. Failure to fully comply with the filing requirements of
subsections (a)-(c) of this section will result in the return of the citation
and related documents to the plaintiff or petitioner, to a representative of
the plaintiff or petitioner, or to the appropriate court official involved. The
fee will not be reimbursed in such instances. An explanation of the action
taken will accompany the documents being returned.
(f) Commissioner's record of service. The
commissioner shall keep a record of any process, notice, or demand served on
the commissioner under this subchapter and of the action taken by the
commissioner with reference to the process, notice, or demand.
(g) Certificate of service and fee therefor.
Upon receiving the return receipt, the commissioner shall mail a certificate of
service and proof of delivery by a return receipt for certified or registered
mail to the plaintiff and clerk of the court or agency where the case is
pending, at the address provided by the plaintiff. The commissioner shall
provide on request additional certificates issued by the commissioner showing
the service and proof of delivery by a return receipt for certified or
registered mail. The fee for each such additional certificate of service shall
be the same fee normally charged for affixing the official seal and certifying
to the seal.
(h) Effect of service
on the commissioner. Service on the commissioner acting as attorney for service
constitutes service on the principal.
Notes
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