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RULE §7.1403 Service on Domestic Insurance Companies Licensed by the State Board of Insurance and on Related Entities Authorized To Conduct Business in Texas

Published: 2015

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(a) Person and place for service. Except as provided by subsection (b) and subsection (c) of this section, a domestic insurance carrier, including a casualty, county mutual, farm mutual, fire, fraternal, life, Lloyd's, mutual other than life, reciprocal, stipulated premium, or title insurance company, and any mutual assessment company, carrier providing job protection insurance, risk retention group, third party administrators (in accordance with the Insurance Code, Article 21.07-5), group hospital service corporation, health maintenance organization, prepaid legal services corporation, and exempt association under the Insurance Code, Article 14.17, authorized to conduct the business of insurance in this state, and any other company domiciled in Texas and engaged in the business of insurance as a principal, may be served with legal process, notice, or demand required or permitted by law by:   (1) serving the president, any active vice-president,
secretary, or attorney in fact at the office or principal place of business of that carrier; or   (2) leaving a copy of the process, notice, or demand at the home office or principal business office of the carrier during regular business hours. (b) Article 1.28 exception. A domestic carrier and the controlling person of the affiliated insurance holding company system that has moved its principal offices and any portion of its books, records, and accounts outside this state under the Insurance Code, Article 1.28, must have appointed the commissioner as their attorney for service for all judicial and administrative processes, notices, or demands. (c) Domestic purchasing group exception. A domestic purchasing group registered in Texas pursuant to the Insurance Code, Article 21.54, must appoint the commissioner as its agent for service of process and receipt of legal documents.

Source Note: The provisions of this §7.1403 adopted to be effective August 11, 1989, 14 TexReg 3690.