Kentucky Statutes 304.3-230 – Service of process on insurers — Secretary of State as attorney for service of process
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(1) Upon issuance of a certificate of authority to do business in this state, the following shall be deemed to have appointed the Secretary of State as their attorney to receive service of lawful process issued against them in this state:
(a) Foreign or alien insurers;
(b) Domestic reciprocal insurers; (c) Domestic Lloyd’s insurers;
(d) Qualified self-insurers.
(2) Such appointment shall be irrevocable, shall bind any successor in interest or to the assets or liabilities of the insurer, and shall remain in effect as long as there is in force in this state or elsewhere a contract that would give rise to a cause of action in this state, made by the insurer, or liabilities or duties arising therefrom.
(3) Service of lawful process against unauthorized insurers, except in contracts issued by insurers or underwriters to those insureds specified in KRS § 304.11-020, shall be made upon the Secretary of State, as provided in KRS § 304.11-040.
(4) Service of lawful process against authorized domestic insurers shall be had pursuant to KRS § 14A.4-040.
(5) If the Secretary of State is by law the lawful attorney for service of process, the clerk of the court in which action is brought shall issue a summons against the defendant named in the complaint and shall serve by certified mail, return receipt requested, two (2) true copies of the summons with two (2) attested copies of plaintiff‘s complaint to the Secretary of State. The Secretary of State shall immediately mail a copy of the summons and complaint to the defendant; if an authorized insurer, to the person designated pursuant to subsection (7) of KRS
304.3-150, and if an unauthorized insurer to the last known principal place of business. The letter shall be posted by prepaid certified mail, return receipt requested, and shall bear the return address of the Secretary of State. The Secretary of State shall make a return to the court showing that the acts contemplated by this statute have been performed, and shall attach to his return the registry receipt, if any. Summons shall be deemed to be served on the return of the Secretary of State and the action shall proceed as provided in the Kentucky Rules of Civil Procedure.
(6) The Secretary of State shall keep a record of the date and hour of receipt of such lawful process, as well as the date it is forwarded to the defendant.
(7) For the purpose of this section, “lawful process” shall include only the summons which initiates and commences a cause of action, and such other initial notices, rules, or orders which would be required by the Kentucky Rules of Civil Procedure to be by personal service.
(8) The sheriff serving the summons upon the Secretary of State shall pay to him at the time of service a fee in the amount set forth in KRS § 454.210, which shall be taxed as costs in the action.
Effective: January 1, 2011
History: Amended 2010 Ky. Acts ch. 151, sec. 133, effective January 1, 2011. — Amended 2000 Ky. Acts ch. 145, sec. 3, effective July 14, 2000. — Repealed and reenacted Ky. Acts ch. 1990 Ky. Acts ch. 425, sec. 2, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 185, sec. 2, effective July 15, 1988. — Amended 1982
Ky. Acts ch. 319, sec. 1, effective July 15, 1982. — Amended 1972 Ky. Acts ch. 274, sec. 160, effective July 1, 1972. — Created 1970 Ky. Acts ch. 301, subtit. 3, sec. 23, effective June 18, 1970.
(a) Foreign or alien insurers;
Terms Used In Kentucky Statutes 304.3-230
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
(b) Domestic reciprocal insurers; (c) Domestic Lloyd’s insurers;
(d) Qualified self-insurers.
(2) Such appointment shall be irrevocable, shall bind any successor in interest or to the assets or liabilities of the insurer, and shall remain in effect as long as there is in force in this state or elsewhere a contract that would give rise to a cause of action in this state, made by the insurer, or liabilities or duties arising therefrom.
(3) Service of lawful process against unauthorized insurers, except in contracts issued by insurers or underwriters to those insureds specified in KRS § 304.11-020, shall be made upon the Secretary of State, as provided in KRS § 304.11-040.
(4) Service of lawful process against authorized domestic insurers shall be had pursuant to KRS § 14A.4-040.
(5) If the Secretary of State is by law the lawful attorney for service of process, the clerk of the court in which action is brought shall issue a summons against the defendant named in the complaint and shall serve by certified mail, return receipt requested, two (2) true copies of the summons with two (2) attested copies of plaintiff‘s complaint to the Secretary of State. The Secretary of State shall immediately mail a copy of the summons and complaint to the defendant; if an authorized insurer, to the person designated pursuant to subsection (7) of KRS
304.3-150, and if an unauthorized insurer to the last known principal place of business. The letter shall be posted by prepaid certified mail, return receipt requested, and shall bear the return address of the Secretary of State. The Secretary of State shall make a return to the court showing that the acts contemplated by this statute have been performed, and shall attach to his return the registry receipt, if any. Summons shall be deemed to be served on the return of the Secretary of State and the action shall proceed as provided in the Kentucky Rules of Civil Procedure.
(6) The Secretary of State shall keep a record of the date and hour of receipt of such lawful process, as well as the date it is forwarded to the defendant.
(7) For the purpose of this section, “lawful process” shall include only the summons which initiates and commences a cause of action, and such other initial notices, rules, or orders which would be required by the Kentucky Rules of Civil Procedure to be by personal service.
(8) The sheriff serving the summons upon the Secretary of State shall pay to him at the time of service a fee in the amount set forth in KRS § 454.210, which shall be taxed as costs in the action.
Effective: January 1, 2011
History: Amended 2010 Ky. Acts ch. 151, sec. 133, effective January 1, 2011. — Amended 2000 Ky. Acts ch. 145, sec. 3, effective July 14, 2000. — Repealed and reenacted Ky. Acts ch. 1990 Ky. Acts ch. 425, sec. 2, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 185, sec. 2, effective July 15, 1988. — Amended 1982
Ky. Acts ch. 319, sec. 1, effective July 15, 1982. — Amended 1972 Ky. Acts ch. 274, sec. 160, effective July 1, 1972. — Created 1970 Ky. Acts ch. 301, subtit. 3, sec. 23, effective June 18, 1970.