(a) Person and place for service. Except as provided
by subsection (b) and subsection (c) of this section, a domestic insurance
carrier, including a casualty, county mutual, farm mutual, fire, fraternal,
life, Lloyd's, mutual other than life, reciprocal, stipulated premium,
or title insurance company, and any mutual assessment company, carrier
providing job protection insurance, risk retention group, third-party
administrators (in accordance with Insurance Code Chapter 4151), group
hospital service corporation, health maintenance organization, and
exempt association under Insurance Code §887.102, authorized
to conduct the business of insurance in this state, and any other
company domiciled in Texas and engaged in the business of insurance
as a principal, may be served with legal process, notice, or demand
required or permitted by law by:
(1) serving the president, any active vice-president,
secretary, or attorney in fact at the office or principal place of
business of that carrier; or
(2) leaving a copy of the process, notice, or demand
at the home office or principal business office of the carrier during
regular business hours.
(b) Article 1.28 exception. A domestic carrier and
the controlling person of the affiliated insurance holding company
system that has moved its principal offices and any portion of its
books, records, and accounts outside this state under the Insurance
Code, Article 1.28, must have appointed the commissioner as their
attorney for service for all judicial and administrative processes,
notices, or demands.
(c) Domestic purchasing group exception. A domestic
purchasing group registered in Texas pursuant to the Insurance Code,
Article 21.54, must appoint the commissioner as its agent for service
of process and receipt of legal documents.
|