A. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) the issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein; (2) the solicitation of applications for such contracts; (3) the collection of premiums, membership fees, assessments or other considerations for such contracts; or (4) any other transaction of insurance business, is equivalent to and shall constitute an irrevocable appointment by such insurer, binding upon him, his executor or administrator or successor in interest if a corporation, of the secretary of state to be the true and lawful attorney of such insurer upon whom may be served all lawful process in any action, suit or proceeding in any court by the superintendent of insurance, through the attorney general, and upon whom may be served any notice, order, pleading or process in any proceeding before the superintendent of insurance and which arises out of transacting an insurance business in this state by such insurer, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.
B. Such service of process shall be made by delivering to and leaving with the secretary of state, or some person in charge of his office, two copies thereof and the payment to him of a fee of two dollars ($2.00). The secretary of state shall forthwith mail by registered mail one of the copies of such process to the defendant at his last known principal place of business, and shall keep a record of all process so served upon him. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within ten days thereafter by registered mail by the superintendent of insurance or the attorney general in the court proceeding or by the superintendent of insurance in the administrative proceeding to the defendant at his last known principal place of business, and the defendant's receipt, 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 the affidavit of the superintendent of insurance or the attorney general showing a compliance herewith are filed with the clerk of the court in which such action is pending, or with the superintendent in administrative proceedings, on or before the date the defendant is required to appear, or within such further time as the court may allow.
C. Service of process in any such action, suit or proceeding shall, in addition to the manner provided in Subsection B of this section, be valid if served upon any person within this state, who, in this state on behalf of such insurer, is (1) soliciting insurance; (2) making, issuing or delivering any contract of insurance; or (3) collecting or receiving any premium, membership fee, assessment or other consideration for insurance, and a copy of such process is sent within ten days thereafter by registered mail by the superintendent of insurance or the attorney general to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the 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 the affidavit of the superintendent of insurance or the attorney general showing a compliance herewith are filed with the clerk of the court in which such action is pending, or with the superintendent of insurance in administrative proceedings, on or before the date the defendant is required to appear, or within such further time as the court may allow in the case of court proceedings.
D. The superintendent of insurance or the attorney general shall not be entitled to a judgment by default in any court or administrative proceeding under this section until the expiration of thirty days from the date of the filing of the affidavit of compliance.
E. Nothing 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.
History: 1941 Comp., § 19-312, enacted by Laws 1951, ch. 172, § 2; 1953 Comp., § 21-3-8; Laws 1973, ch. 177, § 1.
Cross references. — For appointment of superintendent of insurance as attorney for service of process upon insurance companies, see 59A-5-31 NMSA 1978.
For appointment of secretary of state as agent for service of process upon nonresident owners and operators of motor vehicles, see 66-5-103 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.
44 C.J.S. Insurance § 82.
Structure 2021 New Mexico Statutes
Section 38-1-1 - Rules of pleading, practice and procedure.
Section 38-1-2 - [Practice statutes may be modified or suspended by rules.]
Section 38-1-3 - [Common law is rule of practice and decision.]
Section 38-1-4 - [Equity rules prevail over common law.]
Section 38-1-5 - Service of process; failure to report.
Section 38-1-6 - Process against foreign corporations.
Section 38-1-6.1 - Process against foreign limited liability companies.
Section 38-1-7 - Purpose of act.
Section 38-1-8 - Service of process upon unauthorized insurer.
Section 38-1-9 - Defense of action by unauthorized insurer.
Section 38-1-10 - Attorney fees.
Section 38-1-11 - Short title.
Section 38-1-12 - Service against incapacitated.
Section 38-1-13 - [Notice of proceedings occurring prior to service of summons or appearance.]
Section 38-1-14 - Notice of lis pendens; contents; recording; effect.
Section 38-1-16 - Personal service of process outside state.