Minnesota Statutes
Chapter 72A — Insurance Industry Trade Practices
Section 72A.37 — Service Upon Unauthorized Insurer.

Subdivision 1. Acts constituting appointment of commissioner as attorney. Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state; (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 appointment by such insurer of the commissioner of commerce and a successor or successors in office, to be its true and lawful attorney, upon whom may be served all statements of charges, notices and lawful process in any proceeding instituted in respect to the misrepresentations set forth in section 72A.35 under the provisions of the Unfair Trade Practice Act, or in any action, suit or proceeding for the recovery of any penalty therein provided, and any such act shall be signification of its agreement that such service of statement of charges, notices or process is of the same legal force and validity as personal service of such statement of charges, notices or process in this state, upon such insurer.
Subd. 2. Method of service. Service of a statement of charges and notices under said unfair trade practice act shall be made by any deputy or employee of the Department of Commerce upon the commissioner or some person in apparent charge of the office, in compliance with section 45.028. Service of process issued by any court in any action, suit or proceeding to collect any penalty under said act provided, shall be made in compliance with section 45.028, subdivision 2.
Subd. 3. Service on agents and certain others. Service of statement of charges, notices and process in any such proceeding, action or suit shall in addition to the manner provided in subdivision 2 be valid if served upon any person within this state who on behalf of such insurer is
(1) soliciting insurance, or
(2) making, issuing or delivering any contract of insurance, or
(3) collecting or receiving in this state any premium for insurance;
and a copy of such statement of charges, notices or process is sent within ten days thereafter by certified mail by or on behalf of the commissioner 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 certified, showing the name of the sender of the letter, the name and address of the person to whom the letter is addressed, and the affidavit of the person mailing the same showing a compliance herewith, are filed with the commissioner in the case of any statement of charges or notices, or with the court administrator of the court in which such action is pending in the case of any process, on or before the date the defendant is required to appear or within such further time as the court may allow.
Subd. 4. Cease or desist order. No cease or desist order under this section shall be entered until the expiration of 30 days from the date of the filing of the affidavit of compliance.
Subd. 5. Other methods of service. Service of process and notice under the provisions of sections 72A.33 to 72A.39 shall be in addition to all other methods of service provided by law, and nothing in sections 72A.33 to 72A.39 shall limit or prohibit the right to serve any statement of charges, notices or process upon any insurer in any other manner now or hereafter permitted by law.
1967 c 395 art 12 s 37; 1978 c 674 s 60; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1992 c 564 art 2 s 8

Structure Minnesota Statutes

Minnesota Statutes

Chapters 59A - 79A — Insurance

Chapter 72A — Insurance Industry Trade Practices

Section 72A.01 — Scope.

Section 72A.02 — Violations As To Policies Of Insurance.

Section 72A.03 — Agent Of Insurer; Procuring Premiums By Fraud.

Section 72A.04 — False Statements In Application.

Section 72A.05 — Failure To Make Report Or Comply With Law.

Section 72A.061 — Mandatory Filings; Failure To Comply; Penalties.

Section 72A.07 — Violations Of Laws Relating To Agents, Penalties.

Section 72A.071 — Rebates.

Section 72A.09 — Violations Where Offense Is Not Specifically Designated.

Section 72A.10 — Failure To Appear Or Obstructing Commissioner.

Section 72A.11 — Complainant Entitled To One-half Of Fine In Certain Cases.

Section 72A.12 — Life Insurance.

Section 72A.125 — Rental Vehicle Personal Accident Insurance; Special Requirements.

Section 72A.13 — Accident And Health Insurance, Violations Of Certain Sections.

Section 72A.135 — Failure To Follow Dividend And Pricing Policy; Penalties.

Section 72A.139 — Use Of Genetic Tests.

Section 72A.15 — Penalty For Violation Of Law Providing For Insurance In Unlicensed Companies.

Section 72A.16 — Mutual Companies.

Section 72A.17 — Purpose Of Sections 72a.17 To 72a.32.

Section 72A.18 — Definitions.

Section 72A.19 — Unfair Methods And Unfair Or Deceptive Acts And Practices.

Section 72A.20 — Methods, Acts, And Practices Which Are Defined As Unfair Or Deceptive.

Section 72A.201 — Regulation Of Claims Practices.

Section 72A.203 — Exemptions.

Section 72A.2031 — Definitions.

Section 72A.2032 — Duties Of Insurers And Insurance Producers.

Section 72A.2033 — Insurance Producer Training.

Section 72A.2034 — Penalties.

Section 72A.2035 — Record Keeping.

Section 72A.2036 — Relationship To Other Laws; Enforcement.

Section 72A.204 — Prohibited Uses Of Senior-specific Certifications And Professional Designations.

Section 72A.207 — Graded Death Benefits.

Section 72A.21 — Power Of Commissioner.

Section 72A.22 — Hearing; Witnesses; Production Of Books.

Section 72A.25 — Unfair Competition.

Section 72A.26 — Intervention.

Section 72A.27 — Appeal.

Section 72A.285 — Claim For Insurance Benefits; Release Of Summary Information.

Section 72A.29 — Concurrent Remedies.

Section 72A.30 — Evidential Privilege Denied; Immunity; Waiver.

Section 72A.31 — Certain Acts Deemed Unfair Method Of Competition.

Section 72A.32 — Violations, Procedure.

Section 72A.325 — Insurance For Funeral Or Burial Expense; Freedom Of Choice.

Section 72A.328 — Affinity Group.

Section 72A.33 — Purpose Of Act, Construction.

Section 72A.34 — Definitions.

Section 72A.35 — Notice To Domiciliary Supervisory Official.

Section 72A.36 — Action By Commissioner.

Section 72A.37 — Service Upon Unauthorized Insurer.

Section 72A.38 — Severability.

Section 72A.39 — Citation.

Section 72A.40 — Purpose.

Section 72A.41 — Transacting Business Without Certificate Of Authority.

Section 72A.42 — Enforcement Authority.

Section 72A.43 — Service Of Process Upon Unauthorized Company By Commissioner.

Section 72A.44 — Penalty.

Section 72A.49 — Short Title.

Section 72A.491 — Definitions.

Section 72A.492 — Scope.

Section 72A.493 — Obtaining Information By Improper Means.

Section 72A.494 — Notice.

Section 72A.495 — Marketing And Research Surveys.

Section 72A.496 — Investigative Consumer Reports.

Section 72A.497 — Access To Personal Information.

Section 72A.498 — Correction, Amendment, Or Deletion Of Personal Information.

Section 72A.499 — Reasons For Adverse Underwriting Decisions.

Section 72A.50 — Previous Adverse Underwriting Decisions.

Section 72A.501 — Disclosure Authorization.

Section 72A.502 — Disclosure Of Information; Limitations And Conditions.

Section 72A.503 — Private Remedies.

Section 72A.504 — Obtaining Information Under Improper Means.

Section 72A.505 — Immunity.

Section 72A.51 — Right To Cancel.

Section 72A.52 — Notice Requirements.