New Hampshire Revised Statutes 406-B:4 – Service of Process on Commissioner
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I. Any act of doing an insurance business as set forth in N.H. Rev. Stat. § 406-B:2 by any unlicensed person or insurer is equivalent to and shall constitute an irrevocable appointment by such person or insurer, binding upon such person or insurer, his or her executor, administrator or personal representative, or successor in interest if a corporation, of the commissioner, his or her successor or successors in office to be the true and lawful attorney of such person or insurer upon whom may be served all legal process in any action, suit or proceeding in any court arising out of doing an insurance business in this state by such person or insurer, except in an action, suit or proceeding by the commissioner or by the state. Any act of doing an insurance business as set forth in N.H. Rev. Stat. § 460-B:2 by any unlicensed person or insurer shall be signification of its agreement that any such legal process so served shall be of the same legal force and validity as personal service of process in this state upon such person or insurer, or upon such person’s or insurer’s executor, administrator or personal representative, or its successor in interest if a corporation.
II. Such service of process shall be made by leaving 2 copies thereof in the hands or office of the commissioner and paying to him for the use of the state a fee as established by N.H. Rev. Stat. § 400-A:29 for each person or insurer. A certificate by the commissioner showing such service and attached to the original or third copy of such process presented to him for that purpose shall be sufficient evidence thereof. Service upon the commissioner as such attorney shall be service upon the principal.
III. The commissioner shall forthwith mail one copy of such process to the defendant at its last known principal place of business and shall keep a record of all process so served upon him which shall show the day and hour of service. Such service of process is sufficient, provided notice of such service and copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at the last known principal place of business of the defendant and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
IV. Service of process in any such action, suit or proceeding shall, in addition to the manner provided in paragraphs II and III, be valid if served upon any person within this state who on behalf of such unlicensed person or insurer is doing any act of an insurance business as set forth in N.H. Rev. Stat. § 406-B:2 and if a copy of such process is sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at the last known principal place of business of the defendant and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed and the affidavit of the plaintiff or plaintiff’s attorney showing compliance herewith are filed with clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
V. No plaintiff or complainant shall be entitled to a judgment by default in any action, suit or proceeding in which the process is served under this section until the expiration of 45 days from the date of filing of the affidavit of compliance.
VI. Nothing contained in this section shall limit or abridge the right to serve any process, notice or demand upon any person or insurer in any other manner now or hereafter permitted by law.
II. Such service of process shall be made by leaving 2 copies thereof in the hands or office of the commissioner and paying to him for the use of the state a fee as established by N.H. Rev. Stat. § 400-A:29 for each person or insurer. A certificate by the commissioner showing such service and attached to the original or third copy of such process presented to him for that purpose shall be sufficient evidence thereof. Service upon the commissioner as such attorney shall be service upon the principal.
Terms Used In New Hampshire Revised Statutes 406-B:4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plaintiff: The person who files the complaint in a civil lawsuit.
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
- Service of process: The service of writs or summonses to the appropriate party.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The commissioner shall forthwith mail one copy of such process to the defendant at its last known principal place of business and shall keep a record of all process so served upon him which shall show the day and hour of service. Such service of process is sufficient, provided notice of such service and copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at the last known principal place of business of the defendant and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
IV. Service of process in any such action, suit or proceeding shall, in addition to the manner provided in paragraphs II and III, be valid if served upon any person within this state who on behalf of such unlicensed person or insurer is doing any act of an insurance business as set forth in N.H. Rev. Stat. § 406-B:2 and if a copy of such process is sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at the last known principal place of business of the defendant and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed and the affidavit of the plaintiff or plaintiff’s attorney showing compliance herewith are filed with clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
V. No plaintiff or complainant shall be entitled to a judgment by default in any action, suit or proceeding in which the process is served under this section until the expiration of 45 days from the date of filing of the affidavit of compliance.
VI. Nothing contained in this section shall limit or abridge the right to serve any process, notice or demand upon any person or insurer in any other manner now or hereafter permitted by law.