P.R. Laws tit. 26, § 1005

2019-02-20 00:00:00+00
§ 1005. Service of process on unauthorized insurers

(1) Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within Puerto Rico by an unauthorized insurer, or the performance within Puerto Rico of any other service or transaction connected with such insurance by or on behalf of such insurer, shall be deemed to constitute an appointment by such insurer of the Commissioner as its attorney-in-fact upon whom may be served all lawful process issued within Puerto Rico in any action or proceeding against such insurer arising out of any such contract or transaction, or in any action or proceeding instituted to obtain the annulment of said contract.

(2) All such process shall be served as provided by, and otherwise be subject to the provisions of § 328 of this title. In addition to such service upon the Commissioner, notice of such service and a copy of such process within ten days thereafter shall be sent by plaintiff’s attorney to defendant insurer at its last known principal place of business by registered mail. Defendant insurer’s receipt, or registry receipt as to such mailing issued by the post office where mailed, and the affidavit of plaintiff’s attorney showing compliance with this subsection shall be filed in the court wherein such action is pending on or before the date the defendant insurer is required to appear, or within such further time as the court may allow. No judgment by default against such insurer may be taken under this section prior to expiration of thirty days after date of filing of such affidavit of compliance. Service of process upon such an insurer in accordance with this section shall be as valid and effective as if served upon a defendant personally present in Puerto Rico.

(3) Means provided in this section for service of process upon such an insurer shall not be deemed to prevent service of process upon such insurer by any other lawful means.

(4) An insurer which has been so served with process, subject to § 1006 of this title, shall have the right to appear in and defend such action and employ attorneys and other persons in Puerto Rico to assist in its defense thereto or settlement thereof.

(5) This section shall not apply as to surplus line insurance lawfully procured from unauthorized insurers as provided in this chapter.

History —Ins. Code § 10.050.