A. Every authorized motor club shall file with the superintendent its appointment of the superintendent in writing, on form as prescribed and furnished by the superintendent, as its true and lawful attorney, upon whom all lawful process in any action or proceeding against the motor club may be served. In the power of attorney the motor club shall stipulate and agree that all such process served upon the superintendent, or, in his absence, upon any employee in apparent charge of his office, shall be of the same legal force and validity as if served on the motor club itself, and that the authority shall continue in force so long as any liability or obligation remains outstanding in this state against the motor club by reason of its operations under this article.
B. Whenever such process is served upon the superintendent three (3) copies thereof shall be furnished. The superintendent shall forthwith forward by certified mail (return receipt requested) one copy of the process to the motor club and one copy to its resident manager or other similar official, if any, in this state, directed to the address of the motor club, manager or official at address thereof last of record with the superintendent. The server of the process shall at time of such service pay to the superintendent the service of process fee in amount specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code, taxable as costs in the action or proceeding.
C. Process so served upon the superintendent and copies mailed as hereinabove required shall constitute effective service of such process upon the motor club.
History: Laws 1984, ch. 127, § 918.
Cross references. — For service of process, see Rule 1-004 NMRA.
Structure New Mexico Statutes
Section 59A-50-1 - Short title.
Section 59A-50-2 - Definitions.
Section 59A-50-3 - Certificate of authority required; fees.
Section 59A-50-4 - Requirements and application for certificate of authority.
Section 59A-50-5 - Issuance, refusal of certificate of authority; continuance or expiration.
Section 59A-50-6 - Additional security.
Section 59A-50-7 - Service contracts.
Section 59A-50-8 - Investigations, examinations.
Section 59A-50-9 - Suspension, revocation or refusal to continue certificate of authority.
Section 59A-50-10 - Name, trademarks, emblems.
Section 59A-50-11 - Violation hearings.
Section 59A-50-12 - Service of process; superintendent appointed attorney.
Section 59A-50-13 - Registered representatives required; qualifications for registration.
Section 59A-50-14 - Registration procedure and matters relating to registration of representatives.
Section 59A-50-15 - Motor club bound.
Section 59A-50-16 - Representing unauthorized motor club prohibited.
Section 59A-50-17 - Limitations upon advertising.
Section 59A-50-18 - Service contract and membership card.
Section 59A-50-19 - Administrative penalty.