Suit against surplus lines insurers; venue; process.
1. An unauthorized insurer effecting insurance under the provisions of the Surplus Lines Law shall be deemed to be transacting insurance in this state as an unlicensed insurer and may be sued in a district court of this state upon any cause of action arising against it in this state under any insurance contract entered into by it under this chapter.
2. Service of legal process against the insurer may be made in any such action by service of two copies thereof upon the Commissioner or his authorized representative and payment of the fee specified in NRS 680B.010. The Commissioner or his authorized representative shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose by prepaid registered or certified mail with return receipt requested. If no such person is so designated in the policy, the Commissioner or his authorized representative shall in like manner mail a copy of the process to the broker through whom the insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the Commissioner. Upon service of process upon the Commissioner or his authorized representative and its mailing in accordance with this subsection, the court shall be deemed to have jurisdiction in personam of the insurer.
3. The defendant insurer has 40 days from the date of service of the summons and complaint upon the Commissioner or his authorized representative within which to plead, answer or defend any such suit.
4. An unauthorized insurer entering into such an insurance contract shall be deemed thereby to have authorized service of process against it in the manner and to the effect provided in this section. Any such contract, if issued, must contain a provision stating the substance of this section and designating the person to whom the Commissioner or his authorized representative shall mail process as provided in subsection 2.
5. For the purposes of this section, “process” includes only a summons or the initial documents served in an action. The Commissioner or his authorized representative is not required to serve any documents after the initial service of process.
Last modified: February 27, 2006