Service of Process

26‑3‑121.  Service of process; commissioner as agent for service.

(a)  Before the commissioner issues a certificate of authority to any foreign, alien or domestic reciprocal insurer, each insurer shall appoint the commissioner, and his successors in office, as its attorney to receive service of legal process issued against the insurer in this state. The appointment shall be made on a form as designated and furnished by the commissioner and shall be accompanied by a copy of a resolution of the insurer's governing body, if an incorporated insurer, showing that the officers who executed the appointment were authorized to do so on the insurer's behalf.

 (b)  The appointment is irrevocable, binds the insurer and any successor in interest as to the insurer's assets or liabilities and remains in effect as long as there is in force any contract of the insurer in this state or any obligation of the insurer arising out of its transactions in this state.

 (c)  Service of process against a foreign or alien insurer shall be made only by service thereof upon the commissioner.

 (d)  At time of application for a certificate of authority the insurer shall file the appointment with the commissioner, together with a designation of the person to whom process against it served upon the commissioner is to be forwarded. The insurer may change that designation by a new filing.

26‑3‑122.  Service of process; service generally.

 (a)  Service of process against an insurer for whom the commissioner is attorney shall be made by delivering to and leaving with the commissioner, his deputy or a person in apparent charge of his office during the commissioner's absence, two (2) copies of the process together with a fee as provided in W.S. 26‑4‑101, taxable as costs in the action.

(b)  In case the process is issued by a justice of the peace or other inferior court, it may be directed to and served in duplicate by an officer authorized to serve process in the city or county of the commissioner's office, at least fifteen (15) days before the return day thereof, and that service confers jurisdiction.

(c)  Upon service the commissioner shall immediately mail by registered mail one (1) of the copies of the process to the person currently designated by the insurer to receive the process as provided in W.S. 26‑3‑121(d).

(d)  Service of process is sufficient if:

     (i)  Notice of that service and a copy of the process are sent within ten (10) days from the date of service by registered mail         by plaintiff or his attorney to the defendant insurer at its last known principal place of business in the United States;

    (ii)  The defendant receives or the post office with which the letter is registered issues a receipt, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed; and

   (iii)  The affidavit of the plaintiff or his attorney showing compliance with this section are filed with the clerk of the court in which the action is pending, on or before the date the defendant is required to appear, or within such further time as the court allows. 

(e)  The commissioner shall keep a record of the day of service upon him of all legal process.

(f)  Process served upon the commissioner with a copy forwarded as in this section provided constitutes valid and binding personal service upon the insurer.