Kentucky Statutes 304.10-200 – Legal process against surplus lines insurer
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(1) An unauthorized insurer shall be sued, upon any cause of action arising in the state under any contract issued by it as a surplus lines contract pursuant to this subtitle, in the Circuit Court of the county in which the cause of action arose.
(2) Service of legal process against the insurer may be made in any such action by service upon the Secretary of State as provided in KRS § 304.3-230(5).
(3) An unauthorized insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating the substance of this section, and designating the person to whom the Secretary of State shall mail process as provided in KRS § 304.3-230(5).
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 130, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 319, sec. 5, effective July 15, 1982. — Amended 1980
Ky. Acts ch. 114, sec. 71, effective July 15, 1980; ch. 188, sec. 246, effective July
15, 1980. — Created 1970 Ky. Acts ch. 301, subtit. 10, sec. 20, effective June 18,
1970.
(2) Service of legal process against the insurer may be made in any such action by service upon the Secretary of State as provided in KRS § 304.3-230(5).
Terms Used In Kentucky Statutes 304.10-200
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Surplus lines: means nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home state is Kentucky. See Kentucky Statutes 304.10-030
(3) An unauthorized insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating the substance of this section, and designating the person to whom the Secretary of State shall mail process as provided in KRS § 304.3-230(5).
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 111, sec. 130, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 319, sec. 5, effective July 15, 1982. — Amended 1980
Ky. Acts ch. 114, sec. 71, effective July 15, 1980; ch. 188, sec. 246, effective July
15, 1980. — Created 1970 Ky. Acts ch. 301, subtit. 10, sec. 20, effective June 18,
1970.