Section 375.906

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 02 Jan 1979, see footnote   

  375.906.  Foreign companies to appoint director to receive service — methods — penalty. — 1.  No insurance company or association not incorporated or organized under the laws of this state shall directly or indirectly issue policies, take risks, or transact business in this state, until it shall have first executed an irrevocable power of attorney in writing, appointing and authorizing the director of the department of commerce and insurance of this state to acknowledge or receive service of all lawful process, for and on behalf of the company, in any action against the company, instituted in any court of this state, or in any court of the United States in this state, and consenting that service upon the director shall be deemed personal service upon the company.

  2.  Service of process shall be made by delivery of a copy of the petition and summons to the director of the department of commerce and insurance, the deputy director of the department of commerce and insurance, or the chief clerk of the department of commerce and insurance at the office of the director of the department of commerce and insurance at Jefferson City, Missouri, and service as aforesaid shall be valid and binding in all actions brought by residents of this state upon any policy issued or matured, or upon any liability accrued in this state, or on any policy issued in any other state in which the resident is named as beneficiary, and in all actions brought by nonresidents of this state upon any policy issued in this state in which the nonresident is named beneficiary or which has been assigned to the nonresident, and in all actions brought by nonresidents of this state on a cause of action, other than an action on a policy of insurance, which arises out of business transacted, acts done, or contracts made in this state.

  3.  In case the process is issued by an associate circuit judge, the same may be directed to and served by any officer authorized to serve process in the city or county where the director of the department of commerce and insurance has his office, at least fifteen days before the return thereof.

  4.  Every instrument of appointment executed by the company shall be attested by the seal of the company and shall recite the whole of this section, and shall be accompanied by a copy of a resolution of the board of directors or trustees of the company similarly attested, showing that the president and secretary or other chief officers of the company are authorized to execute the instruments on behalf of the company; and if any company fails, neglects, or refuses to appoint and maintain within this state an attorney or agent in the manner herein described, it shall forfeit the right to do or continue business in this state.

  5.  Whenever process is served upon the director of the department of commerce and insurance, the deputy director of the department of commerce and insurance, or the chief clerk of the department of commerce and insurance under the provisions of this section, the process shall immediately be forwarded by first class mail prepaid and directed to the secretary of the company, or, in the case of an alien company, to the United States manager or last appointed general agent of the company in this country; provided, that there shall be kept in the office of the director of the department of commerce and insurance a permanent record showing for all process served the name of the plaintiff and defendant, the court from which the summons issued, the name and title of the officer serving same, and the day and hour of the service.

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(RSMo 1939 § 6005, A.L. 1967 p. 516, A.L. 1978 H.B. 1634)

Effective 1-02-79

CROSS REFERENCE:

For service outside this state, see Chap. 506

(1959) Service under subsection 2 of § 375.210 on insurance company in Arkansas, in action in Missouri court on Arkansas statute giving right of action against insurer of institution not subject to suit for tort, held ineffective to confer jurisdiction on Missouri court. Dodson v. Travelers Ins. Co., 266 F.2d 52.

(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies.  State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.

(1964) Where surety agreed in bail bond that circuit clerk was its agent for service of process concerning the forfeiture of the bond, surety could not successfully contend in proceedings to obtain default judgment on forfeited bond under court rule 32.12 that it should have been served pursuant to provisions of section 375.210. State v. Virgilito (Mo.), 377 S.W.2d 361.