Bill Text: IA HF2236 | 2017-2018 | 87th General Assembly | Enrolled


Bill Title: A bill for an act relating to service of process made on the commissioner of insurance as the agent or attorney for service of process for regulated individuals and entities and resolving inconsistencies. (Formerly HSB 582.) Effective 7-1-18.

Sponsorship: Committee Bill

Status: (Passed) 2018-03-21 - Signed by Governor. H.J. 652. [HF2236 Detail]

Download: Iowa-2017-HF2236-Enrolled.html

House File 2236 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON COMMERCE

                              (SUCCESSOR TO HSB 582)
 \5
                                   A BILL FOR
 \1
                                        House File 2236

                             AN ACT
 RELATING TO SERVICE OF PROCESS MADE ON THE COMMISSIONER
    OF INSURANCE AS THE AGENT OR ATTORNEY FOR SERVICE OF PROCESS
    FOR REGULATED INDIVIDUALS AND ENTITIES AND RESOLVING
    INCONSISTENCIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 502.611, Code 2018, is amended to read
 as follows:
    502.611  Service of process.
    1.  Signed consent to service of process.  A consent to
 service of process required by this chapter must be signed
 and filed in the form required by a rule or order under this
 chapter. A consent appointing the administrator the as a
  person's agent for service of process in a noncriminal action
 or proceeding against the person, or the person's successor or
 personal representative under this chapter or a rule adopted
 or order issued under this chapter after the consent is filed,
 has the same force and validity as if the service of process
  were made personally on the person filing the consent. A
 person that has filed a consent complying with this subsection
 in connection with a previous application for registration or
 notice filing need not file an additional consent.
    2.  Conduct constituting appointment of agent for service of
 process.  If a person, including a nonresident of this state,
 engages in an act, practice, or course of business prohibited
 or made actionable by this chapter or a rule adopted or order
 issued under this chapter and the person has not filed a
 consent to service of process under subsection 1, the act,
 practice, or course of business constitutes the appointment of
 the administrator as the person's agent for service of process
 in a noncriminal action or proceeding against the person or the
 person's successor or personal representative.
    3.  Procedure for service of process.  Service If service of
 process is made on the administrator under subsection 1 or 2
 may it shall be made by providing a copy of the process to the
 office of the administrator as provided in section 505.30, but
 it is not effective unless all of the following apply:
    a.  The plaintiff, which may be the administrator, shall
  promptly sends send notice of the service of process and a
 copy of the service of process, return receipt requested, by
 certified mail to the defendant or respondent at the address
 set forth in the consent to service of process or, if a consent
 to service of process has not been filed, at to the defendant's
 or respondent's last known address, or takes other reasonable
 steps to give notice principal place of business.
    b.  The plaintiff files shall file an affidavit of compliance
 with this subsection in the action or proceeding on or before
 the return day of the service of process, if any, or within
 the time that the court, or the administrator in a proceeding
 before the administrator, allows.
    4.  Service of process in an administrative proceedings
  proceeding or civil actions action by administrator.  Service of
 process pursuant to subsection 3 may be used in a proceeding
 before the administrator or by the administrator in a civil
 action in which the administrator is the moving party.
    5.  Opportunity to defend.  If process is served under
 subsection 3, the court, or the administrator in a proceeding
 before the administrator, shall order continuances as are
 necessary or appropriate to afford the defendant or respondent
 reasonable opportunity to defend.
    Sec. 2.  Section 505.30, Code 2018, is amended to read as
 follows:
    505.30  Service of process == fee made on the commissioner as
 agent or attorney for service of process == rules and fee.
    1.  The commissioner of insurance, pursuant to may adopt
  rules adopted pursuant to chapter 17A, setting forth procedures
 related to service of process made on the commissioner as
 agent or attorney for service of process for an individual or
 entity within the jurisdiction of the commissioner. The rules
 shall apply when the individual or entity is required by law
 to appoint the commissioner to serve, is required by law to
 consent to have the commissioner serve, is deemed by law to
 have appointed or to have consented to have the commissioner
 serve, or elects to appoint or consents to have the
 commissioner serve as agent or attorney for service of process.
    2.  The commissioner may collect a reasonable fee each
 time service of process is served made on the commissioner
 as allowed by law set forth in subsection 1 or as otherwise
 allowed by law. Fees A fee collected by the commissioner
 under this section subsection shall be used and are is
  appropriated to the insurance division to offset the costs
 of receiving such service of process the commissioner acting
 as agent or attorney for service of process. The party to a
 proceeding causing requesting service of process is entitled to
 recover this the fee paid pursuant to this subsection and any
 rules adopted under this section as costs if the party prevails
 in the proceeding.
    3.  The commissioner shall maintain for ninety days a record
 of each service of process made on the commissioner pursuant
 to this section, including the date each service of process
 is made on the commissioner, the date each service of process
 is forwarded by mail by the commissioner to the defendant
 or respondent, and the date each certificate of service is
 submitted electronically to the court. The records may be
 maintained electronically.
    Sec. 3.  Section 507A.5, Code 2018, is amended to read as
 follows:
    507A.5  Proscribed acts binding on insurer.
    1.  No A person or insurer shall not directly or indirectly
 perform any of the acts act of doing an insurance business as
 defined in this chapter except as provided by and in accordance
 with the specific authorization by statute. However, should
 any an unauthorized person or insurer perform any an act of
 doing an insurance business as set forth in this chapter, it
 shall be equivalent to and shall constitute an irrevocable
 appointment by such person or insurer, binding upon the
 person, the person's executor or administrator, or successor
 in interest if a corporation, of the commissioner of insurance
 or the commissioner's successor in office, to be the true and
 lawful attorney upon whom may be served all lawful process in
 any action, suit or proceeding in any court arising out of
 doing an insurance business in this state or instituted by
 or on behalf of an insured or beneficiary arising out of any
  such acts an act of doing an insurance business, except in an
 action, suit, or proceeding by the commissioner of insurance
 or by the state. Any An act of doing an insurance business by
 any an unauthorized person or insurer shall be signification of
 its agreement that such service of process is of the same legal
 force and validity as personal service of process in this state
 upon such person or insurer.
    2.  Service of process made upon the commissioner as the
 attorney for service of process shall be made by delivering to
 and leaving with the commissioner of insurance or some person
 in apparent charge of the commissioner's office two copies
 thereof and the payment to the commissioner of such fees as
 may be prescribed by law as provided in section 505.30. The
 commissioner of insurance shall forthwith forward by certified
 mail one of the copies of such process to the defendant at the
 last known principal place of business and shall keep a record
 of all process so served. Such service of process shall be
 sufficient to provide notice if all of the following apply:
    a.  A The plaintiff or plaintiff's attorney sends a copy of
 the service of process is sent by certified mail within ten
 days thereafter by certified mail by plaintiff or plaintiff's
 attorney to the defendant at the defendant's last known
 principal place of business.
    b.  The defendant's receipt or a receipt issued by the post
 office showing the name of the sender of the letter certified
 mail and the name and address of the person to whom the letter
  certified mail is addressed and an affidavit by the plaintiff
 or plaintiff's attorney showing a attesting to compliance
 herewith with this subsection are filed with the clerk of the
 court in which such the action is pending on or before the date
 the defendant is required to appear or within such further time
 as the court may allow.
    3.  Service of process in any such action, suit, or
 proceeding shall in addition to the manner as provided in
 this chapter be valid if served made upon any a person within
 this state who, in this state on behalf of such insurer,
 is soliciting insurance, making, issuing, or delivering
 any contract of insurance, or collecting or receiving any
 premium, membership fee, assessment, or other consideration for
 insurance, and if all of the following apply:
    a.  A The plaintiff or plaintiff's attorney sends a copy
 of such service of process is sent by certified mail within
 ten days thereafter by certified mail by the plaintiff or
 plaintiff's attorney to the defendant at the defendant's last
 known principal place of business of the defendant.
    b.  The defendant's receipt, or the a receipt issued by
 the post office showing the name of the sender of the letter
  certified mail and the name and address of the person to whom
 the letter certified mail is addressed, and an affidavit of by
  the plaintiff or plaintiff's attorney showing a attesting to
  compliance herewith with this subsection 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.
    4.  No A plaintiff shall not be entitled to a judgment by
 default under this chapter until the expiration of thirty
 days from the date of the filing of on which the plaintiff or
 plaintiff's attorney files the affidavit of compliance.
    5.  Nothing in this section shall limit or abridge the right
 to serve any process, notice, or demand upon any insurer in any
 other manner now or hereafter permitted by law.
    Sec. 4.  Section 508E.3, subsection 7, Code 2018, is amended
 to read as follows:
    7.  The commissioner shall not issue a license to a
 nonresident applicant unless a written designation of an
 agent for service of process is filed and maintained with the
 commissioner or the applicant has filed with the commissioner
 the applicant's written irrevocable consent that any action
 against the applicant may be commenced against the applicant by
 service of process on the commissioner.  If an applicant files
 such consent, service of process made on the commissioner as
 the agent for service of process shall be made as provided in
 section 505.30.
    Sec. 5.  Section 511.28, Code 2018, is amended to read as
 follows:
    511.28  Service of process.
    Any notice or process, with three copies of the notice
 or process, may be mailed to the commissioner at Des Moines,
 Iowa, in a certified mail letter addressed to the commissioner
 by the commissioner's official title. The commissioner
 shall acknowledge service on behalf of the defendant foreign
 insurance company by writing, giving the date of receipt of
 the notice or process, and shall return the notice or process
 in a certified mail letter to the clerk of the court in which
 the suit is pending, addressed to the clerk by the clerk's
 official title, and shall also mail a copy, with a copy of the
 commissioner's acknowledgment of service written thereon, in a
 certified mail letter addressed to the person or corporation
 named or designated by such company in the written instrument.
 Notice or process received prior to 10 a.m. shall be forwarded
 the same working day. Notice or process received after 10 a.m.
 shall be forwarded the next working day. A fee of fifteen
 dollars must accompany the request for notice or process.
 Service of process made on the commissioner as the agent for
 service of process shall be made as provided in section 505.30.
    Sec. 6.  Section 512B.33, Code 2018, is amended to read as
 follows:
    512B.33  Service of process.
    1.  A society authorized to do business in this state shall
 file in the office of the commissioner a power of attorney
 and an agreement in writing that service of process in any
 action or proceeding against the society may be served on the
 commissioner and shall be of the same legal force and validity
 as if served upon the society, and that the authority shall
 continue in force so long as any liability remains outstanding
 in this state. Copies A copy of the power of attorney,
 certified by the commissioner, shall be deemed sufficient
 evidence of the appointment and shall be admitted in evidence
 with the same force and effect as the original.
    2.  Service of process shall only be made upon the
 commissioner, or if absent, upon the person in charge of
 the commissioner's office made on the commissioner as the
 agent for service of process shall be made as provided in
 section 505.30. Service shall be made in triplicate and shall
 constitute sufficient service upon the society. When legal
 process against a society is served upon the commissioner, the
 commissioner shall promptly forward one of the duplicate copies
 by registered mail, prepaid, directed to the secretary or
 corresponding officer of the society. A society shall not be
 required to file its answer, pleading, or defense in less than
 thirty days from the date of mailing the copy of the service
 to a society the commissioner sends a copy of the service of
 process to the society by certified mail as provided in  section
 505.30. Legal process shall not be served made upon a society
 except in the manner provided in this section.
    Sec. 7.  Section 514.2A, Code 2018, is amended to read as
 follows:
    514.2A  Service of process.
    A nonprofit health service corporation authorized to
 do business in this state shall file in the office of the
 commissioner a power of attorney and an agreement in writing
 that service of process in any action or proceeding against
 the corporation may be served made on the commissioner and
 shall be of the same legal force and validity as if served made
  upon the corporation, and that the authority shall continue
 in force so long as any liability remains outstanding in this
 state. Copies A copy of the power of attorney, certified by
 the commissioner, shall be deemed sufficient evidence of the
 appointment and shall be admitted in evidence with the same
 force and effect as the original.  Service of process made on
 the commissioner as the attorney for service of process shall
 be made as provided in section 505.30.
    Sec. 8.  Section 515.77, Code 2018, is amended to read as
 follows:
    515.77  Service of process.
    Any notice or service of process, with three copies of the
 notice or process, may be mailed to the commissioner at Des
 Moines, Iowa, in a certified mail letter addressed to the
 commissioner by the commissioner's official title made on the
 commissioner as agent for service of process shall be made as
 provided in section 505.30. The commissioner shall acknowledge
 service on behalf of the defendant foreign insurance company by
 writing, giving the date of receipt of the notice or process,
 and shall return the notice or process in a certified mail
 letter to the clerk of the court in which the suit is pending,
 addressed to the clerk by the clerk's official title, and
 shall also mail a copy, with a copy of the commissioner's
 acknowledgment of service written thereon, in a certified
 mail letter addressed to the person or corporation named or
 designated by such company in the written instrument. Notice
 or process received prior to 10:00 a.m. shall be forwarded the
 same working day. Notice or process received after 10:00 a.m.
 shall be forwarded the next working day. A fee of fifteen
 dollars must accompany the request for notice or process.
    Sec. 9.  Section 515E.3, Code 2018, is amended to read as
 follows:
    515E.3  Risk retention groups organized in this state.
    To be organized as a risk retention group in this state,
 the group must be organized and licensed as a liability
 insurance company authorized by the insurance laws of this
 state. Except as provided elsewhere in this chapter, a risk
 retention group organized in this state must comply with all
 of the laws, rules, and requirements applicable to a liability
 insurers insurer organized in this state. Additionally, a
 risk retention group organized in this state must comply with
 section 515E.4. These requirements do not exempt a risk
 retention groups group from a duty imposed by any other law or
 rule of the state. Before it may offer insurance in any state,
 each a risk retention group shall also submit for approval to
 the commissioner of insurance of this state a plan of operation
 or a feasibility study, and revisions of the plan or study,
  within ten days of any change. The name under which a risk
 retention group may be chartered and licensed shall be a brief
 description of its membership followed by the phrase "risk
 retention group" and, unless its membership consists solely of
 insurers, shall not include the terms "insurance", "mutual",
 "reciprocal", or any similar term. All A risk retention groups
  group chartered in this state shall file with the division
 and the national association of insurance commissioners an
 annual statement blank prepared in accordance with instructions
 prescribed by the commissioner. All financial information
 reflected in the annual statement shall be kept and prepared in
 accordance with accounting practices and procedures prescribed
 by the commissioner. The commissioner may adopt by reference
 the annual statement handbook and the accounting practices and
 procedures manual of the national association of insurance
 commissioners.
    A risk retention group organized in this state shall file
 in the office of the commissioner a power of attorney and an
 agreement in writing that service of process in any action
 or proceeding against the society may be served made on the
 commissioner and shall be of the same legal force and validity
 as if served made upon the society, and that the authority
 shall continue in force so long as any liability remains
 outstanding in this state. Copies of the power of attorney,
 certified by the commissioner, shall be deemed sufficient
 evidence of the appointment and shall be admitted in evidence
 with the same force and effect as the original.  Service of
 process made on the commissioner as the attorney for service of
 process shall be made as provided in section 505.30.
    Sec. 10.  Section 516E.12, Code 2018, is amended to read as
 follows:
    516E.12  Service of process.
    The commissioner shall be the agent attorney for service of
 process upon a provider, a service company, or a third=party
 administrator and, or an issuer of a reimbursement insurance
 policy.  Service of process made on the commissioner as the
 agent for service of process shall be made as provided in
 section 505.30.
    Sec. 11.  Section 520.6, Code 2018, is amended to read as
 follows:
    520.6  Manner of service Service of process.
    Three copies of such process shall be served and the
 commissioner of insurance shall file one copy, forward one copy
 to said attorney, and return one copy with the commissioner's
 admission of service.  Service of process made on the
 commissioner as the agent for service of process shall be made
 as provided in section 505.30.
    Sec. 12.  Section 521A.3, subsection 7, Code 2018, is amended
 to read as follows:
    7.  Jurisdiction == consent to service of process.  The
 district court is hereby vested with jurisdiction over every
  a person that is not a resident, is not domiciled, or is
 not authorized to do business in this state who that files
 a statement with the commissioner under this section, and
 over all actions involving such the person arising out of
 violations of this section, and each such the person shall be
 deemed to have performed acts equivalent to and constituting
 an appointment by such a the person of the commissioner to be
 the person's true and lawful attorney upon whom may be served
  made all lawful process, notice, or demand in any action, suit,
 or proceeding arising out of violations a violation of this
 section. Copies A copy of all such lawful process, notice, or
 demand shall be served made on the commissioner as the attorney
 for service of process as provided in section 505.30 and
 transmitted by registered or certified mail by the commissioner
 to such person at the person's last known address.
    Sec. 13.  NEW SECTION.  521B.107  Service of process made on
 the commissioner as the agent for service of process.
    Service of process made on the commissioner as the agent for
 service of process shall be made as provided in section 505.30.
    Sec. 14.  NEW SECTION.  521C.13  Service of process made on
 the commissioner as the agent for service of process.
    Service of process made on the commissioner as the agent for
 service of process shall be made as provided in section 505.30.
    Sec. 15.  NEW SECTION.  523A.802A  Service of process made on
 the commissioner as the agent for service of process.
    Service of process made on the commissioner as the agent for
 service of process shall be made as provided in section 505.30.
    Sec. 16.  Section 523C.20, Code 2018, is amended to read as
 follows:
    523C.20  Consent to service of process.
    If a person engages in conduct subject to regulation under
 this chapter, the conduct shall constitute the appointment
 of the commissioner of insurance as the person's attorney
 to receive service of any lawful process in a noncriminal
 proceeding against the person, a successor, or personal
 representative, which grows out of that conduct, with the same
 force and validity as if served made personally.  Service of
 process made on the commissioner as the attorney for service of
 process shall be made as provided in section 505.30.
    Sec. 17.  Section 523C.21, Code 2018, is amended to read as
 follows:
    523C.21  Service of process.
    The commissioner shall be the agent for service of process
 upon a service company.  Service of process made on the
 commissioner as the agent for service of process shall be made
 as provided in section 505.30.
    Sec. 18.  Section 523I.102, subsection 1, Code 2018, is
 amended to read as follows:
    1.  "Authorized to do business within this state" means a
 person licensed, registered, or subject to regulation by an
 agency of the state of Iowa or who has filed a consent to
 service of process with the commissioner for purposes of this
 chapter.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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