A. Service of process against an insurer for whom the superintendent is attorney shall be made by delivering to and leaving with the superintendent, his deputy or a person in apparent charge of the office during the superintendent's absence, two (2) copies of the process together with the fee therefor specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code, taxable as costs in the action.
B. Upon such service the superintendent shall forthwith forward by prepaid registered or certified mail return receipt requested one of the copies of such process showing date and time of service on the superintendent, to the person currently designated by the insurer to receive the copy as provided in Section 98 [59A-5-31 NMSA 1978] (appointment of superintendent as process agent) of this article. Service of process on the insurer shall be complete upon receipt, or, in the event of refusal to accept, the date of such refusal.
C. Process served as provided in this section shall for all purposes constitute valid and binding personal service within this state upon the insurer. If summons is served under this section, the time within which the insurer is required to appear shall be extended an additional ten (10) days beyond that otherwise allowed by New Mexico Rules of Civil Procedure.
D. The superintendent shall keep record of the day and time of service of legal process under this section.
History: Laws 1984, ch. 127, § 99.
Cross references. — For New Mexico Rules of Civil Procedure, see Rule 1-001 NMRA et seq.
No service fee for state. — Fee required in connection with service of process cannot be taxed and assessed against the state. 1933 Op. Att'y Gen. No. 33-704.
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
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 et seq.
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