(a) Before the Commissioner shall authorize it to transact insurance in this State, each insurer shall appoint the Commissioner, and his or her successors in office, as its attorney to receive service of legal process issued against the insurer in this State. The appointment shall be made on a form as designated and furnished by the Commissioner, and shall be accompanied by a copy of a resolution of the board of directors or like governing body of the insurer, if an incorporated insurer, showing that those officers who executed the appointment were duly authorized to do so on behalf of the insurer.
(b) The appointment shall be irrevocable, shall bind the insurer and 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 any contract of the insurer in this State or any obligation of the insurer arising out of its transactions in this State.
(c) Service of such process against a foreign or alien insurer shall be made only by service thereof upon the Commissioner.
(d) Service of such process against a domestic insurer may be made as provided hereunder, or in any other manner provided by law.
(e) At the time of application for a certificate of authority the insurer shall file the appointment with the Commissioner, together with designation of the person to whom process against it served upon the Commissioner is to be forwarded. The insurer may change such designation by a new filing.
Structure Delaware Code
Chapter 5. AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS
§ 501. “Stock insurer” defined.
§ 502. “Mutual” insurer defined.
§ 503. “Reciprocal” insurer defined.
§ 505. Certificate of authority required.
§ 506. Exceptions to certificate of authority requirement.
§ 507. General eligibility for certificate of authority.
§ 510. Combinations of insuring powers.
§ 511. Capital funds required.
§ 512. Insuring combinations without additional capital funds.
§ 513. Deposit requirements — In general.
§ 514. Deposit requirements — Alien insurers.
§ 515. Application for certificate of authority.
§ 516. Issuance, refusal of authority; ownership of certificate.
§ 517. Authority conferred; surety insurers; certificate as evidence.
§ 518. Continuance, expiration, reinstatement of certificate of authority.
§ 519. Suspension or revocation of certificate of authority — Mandatory grounds.
§ 520. Suspension or revocation of certificate of authority — Discretionary and special grounds.
§ 521. Order and notice of suspension, revocation; effect upon agents' authority.
§ 522. Duration of suspension; insurer's obligations during suspension period; reinstatement.
§ 523. General corporation laws inapplicable to foreign insurers.
§ 524. Commissioner as process agent for certain insurers.
§ 526. Annual statement and other required filings.
§ 529. Cancellation of insurance agency contracts; arbitration.
§ 530. Emergency requirements.
§ 531. Emergency powers to regulate liability insurance cancellations and nonrenewals.
§ 533. Immunity from liability for reporting fraudulent practices.
§ 534. Location of headquarters.
§ 535. Nondisclosure of nonpublic personal information; adoption of regulations.