Current through the 2024 Fourth Special Session
Section 31A-2-309 - Service of process through state officer(1) The commissioner, or the lieutenant governor when the subject proceeding is brought by the state, is the agent for receipt of service of a summons, notice, order, pleading, or other legal process relating to a Utah court or administrative agency upon the following: (a) an insurer authorized to do business in this state, while authorized to do business in this state, and thereafter in a proceeding arising from or related to a transaction having a connection with this state;(b) a surplus lines insurer for a proceeding arising out of a contract of insurance that is subject to the surplus lines law, or out of a certificate, cover note, or other confirmation of that type of insurance;(c) an unauthorized insurer or other person assisting an unauthorized insurer under Subsection 31A-15-102(1) by doing an act specified in Subsection 31A-15-102(2), for a proceeding arising out of a transaction that is subject to the unauthorized insurance law;(d) a nonresident producer, consultant, adjuster, or third party administrator, while authorized to do business in this state, and thereafter in a proceeding arising from or related to a transaction having a connection with this state; and(e) a reinsurer submitting to the commissioner's jurisdiction under Subsection 31A-17-404(11).(2) The following is considered to have irrevocably appointed the commissioner and lieutenant governor as that person's agents in accordance with Subsection (1): (a) a licensed insurer by applying for and receiving a certificate of authority;(b) a surplus lines insurer by entering into a contract subject to the surplus lines law;(c) an unauthorized insurer by doing in this state an act prohibited by Section 31A-15-103; and(d) a nonresident producer, consultant, adjuster, and third party administrator.(3) The commissioner and lieutenant governor are also agents for an executor, administrator, personal representative, receiver, trustee, or other successor in interest of a person specified under Subsection (1).(4) A litigant serving process on the commissioner or lieutenant governor under this section shall pay the fee applicable under Section 31A-3-103.(5) The right to substituted service under this section does not limit the right to serve a summons, notice, order, pleading, demand, or other process upon a person in another manner provided by law.Amended by Chapter 32, 2020 General Session ,§ 10, eff. 5/12/2020.Amended by Chapter 138, 2016 General Session ,§ 5, eff. 5/10/2016.Amended by Chapter 257, 2008 General Session