Section 230-RICR-20-60-9.6 - Insurers and Entities for which Department is not Authorized to Accept Service of ProcessA. The Department is not statutorily authorized to and will not accept service of process on the following entities. These entities must be served through the agent for service of process designated by the entity as indicated below. 1. Domestic Insurance Companies. a. All domestic insurance companies in the State of Rhode Island shall designate an agent for service of process with offices located within the State of Rhode Island. This includes, but is not limited to, a statement that the insurer will accept process at its corporate headquarters located within the State of Rhode Island.b. Insurers shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation. If such a notification was made prior to the effective date of this Part, that notification will suffice and insurers need only inform the Insurance Division of changes to the designation.2. Approved Surplus Lines Insurers a. Pursuant to R.I. Gen. Laws § 27-3-41 a surplus lines broker shall not place any risk through an approved surplus lines company unless that approved surplus lines company has previously in writing: (1) Designated an agent for service of process with offices located within the State of Rhode Island; or(2) Appointed the surplus lines broker himself as an alternative agent for service of process.b. Approved surplus lines insurers shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation. If such a notification was made prior to the effective date of this Part, that notification will suffice and approved surplus lines insurers need only inform the Insurance Division of changes to the designation.3. Advisory Organizations. a. Pursuant to R.I. Gen. Laws §§ 27-6-34 and 27-9-31 all advisory organizations in the State of Rhode Island shall designate an agent for service of process with offices located within the State of Rhode Island.b. Advisory organizations shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.4. Rating Organizations. a. Pursuant to R.I. Gen. Laws § 27-6-23(c)(3) all rating organizations in the State of Rhode Island shall designate an agent for service of process with offices located within the State of Rhode Island.b. Rating organizations shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.5. FAIR Plan a. The Rhode Island FAIR Plan shall designate an agent for service of process with offices located within the State of Rhode Island.b. The Rhode Island FAIR Plan shall inform the Insurance Division of its designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.6. MMJUA a. The Rhode Island MMJUA shall designate an agent for service of process with offices located within the State of Rhode Island.b. The Rhode Island MMJUA shall inform the Insurance Division of its designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.7. Guaranty Funds a. The Rhode Island Guaranty Funds, established pursuant to R.I. Gen. Laws §§ 27-34-8 and 27-34.3-8, shall designate an agent for service of process with offices located within the State of Rhode Island.b. The Rhode Island Guaranty Funds shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.8. Captive Insurers a. Pursuant to R.I. Gen. Laws § 27-43-3(b)(4) all captive insurers operating in the State of Rhode Island shall designate an agent for service of process with offices located within the State of Rhode Island.b. Captive insurers shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.9. Life Settlement Providers and Brokers a. Pursuant to R.I. Gen. Laws § 27-71-3(l) all life settlement providers and brokers in the State of Rhode Island shall designate an agent for service of process with offices located within the State of Rhode Island.b. Life settlement providers and brokers shall inform the Insurance Division of their designation of an agent for service of process. The Insurance Division shall be notified promptly of all changes to this designation.10. Pursuant to R.I. Gen. Laws § 27-16-1.4 the Secretary of State is statutorily appointed as the agent for service of process for any person or entity operating in violation of R.I. Gen. Laws Chapter 27-16. a. Persons engaged in the unlicensed business of insurance may also be served in any other manner in accordance with R.I. Gen. Laws § 27-16-9.b. The Department does not have the statutory authority to act as agent for service of process for unlicensed or unapproved insurers.230 R.I. Code R. 230-RICR-20-60-9.6
Amended effective 9/7/2019