(b) Service of process upon any such insurer in any proceeding in any
court of competent jurisdiction may be made by serving the
superintendent, any deputy superintendent, or any salaried employee of
the department whom the superintendent designates for such purpose, all
of whom shall have authority to accept such service pursuant to any such
power of attorney. The service of process upon a domestic fraternal
benefit society shall only be made by serving the superintendent, any
deputy superintendent, any salaried employee of the department whom the
superintendent designates for such purpose or by serving the process at
the home office of such society. The service of process upon any foreign
or alien fraternal benefit society shall be made only by serving the
superintendent, any deputy superintendent or any salaried employee of
the department whom the superintendent designates for such purpose.
Service of process so made shall be deemed to have been made within the
territorial jurisdiction of any court in this state.
(c) At the time of service of process a fee of forty dollars shall be
paid to the superintendent or his deputy.
(d) The power of attorney required by subsection (a) hereof shall be
by its terms of indefinite duration, shall bind any person or
corporation which as successor acquires the insurer's assets and assumes
its liabilities by merger or consolidation, and shall not be terminated
by the insurer or such successor so long as any contracts, or
liabilities or duties arising out of contracts, issued or delivered by
such insurer in this state are in effect. Except as provided herein, or
in section one thousand two hundred thirteen of this article, the
superintendent shall not be designated as attorney for the service of
process upon any unlicensed alien or foreign insurer.
(e) Whenever any lawful process shall be served upon the
superintendent, any deputy superintendent, or any salaried employee of
the department whom the superintendent designates for such purpose under
the provisions of this section, such person shall forward a copy of such
process by mail, prepaid, directed to the person last designated by such
insurer, as shown by the records of the department.
(f) When one or more underwriters of any Lloyds underwriters, or one
or more subscribers of any reciprocal insurer, are joined in the same
proceeding, and service of process is made pursuant to this section,
only one copy of such process shall be so served, and such service shall
have the same effect as if made upon all such underwriters or all such
subscribers. Such process shall be forwarded to the attorney-in-fact of
such Lloyds underwriters or of such reciprocal insurer, and each such
attorney-in-fact shall be designated to receive such process as
specified in subsection (a) hereof.
(g) The superintendent shall keep records, issue certificates and
destroy processes served upon him, all as provided in subsection (f) of
section one thousand two hundred thirteen of this article.
Structure New York Laws
Article 12 - Organization and Corporate Procedure
1201 - Incorporation of Stock or Mutual Insurance Companies.
1203 - Non-Use of Corporate Charter.
1204 - Sale of Insurance Securities.
1206 - Amendments to Charters and Increase of Capital of Insurance Corporations.
1207 - Options for the Purchase of Shares.
1208 - Method of Amending Mutual Company Charters.
1209 - Management and By-Laws of Mutual Insurance Corporations.
1210 - By-Laws of Domestic Stock Life Insurance Companies.
1211 - Mutual Insurance Corporations; Membership and Dividends.
1212 - Service of Process Upon Superintendent as Attorney.
1213 - Service of Process on Superintendent as Attorney for Unauthorized Insurers.
1214 - Acting for Foreign Corporation Which Has Not Designated Superintendent as Attorney.
1215 - Forfeiture of Office by Director or Trustee of a Domestic Mutual Insurer.
1216 - Notice of Indemnification of Directors and Officers of Insurance Corporations.
1217 - Vouchers for Disbursements.
1218 - Regulation of Stock Ownership, Interlocking Directors and Common Management.
1219 - Misconduct by Directors; Insolvency.
1221 - Transactions by Officers, Directors and Certain Shareowners in the Insurer's Shares.