Legislation
SECTION 7418
Service of order to show cause
Insurance (ISC) CHAPTER 28, ARTICLE 74
§ 7418. Service of order to show cause. (a) The order to show cause
and the papers upon which it is granted shall be served upon the insurer
named therein by delivering true copies to, and leaving them with:
(1) If a domestic corporation: its president or other head, the
secretary or clerk to the corporation, the cashier, the treasurer or any
director or managing agent.
(2) If a foreign or alien corporation: its president, vice-president,
treasurer or assistant treasurer, secretary or assistant secretary, or
any director or managing agent or, if the corporation has no such
officers within this state, to the officer performing corresponding
functions.
(3) If a voluntary, unincorporated or a joint stock association, order
or society: the president, vice-president, treasurer, director, trustee
or other officer or a member with managerial powers.
(4) If a reciprocal insurer or Lloyds underwriters: the duly
designated attorney-in-fact.
(b) When it is satisfactorily proved by the verified report of an
examiner to the superintendent or by affidavit of any other person
familiar with the facts that the persons upon whom service is required
to be made have departed from the state or keep themselves concealed
therein or have resigned from their offices within forty days prior to
the application for an order to show cause under the provision of this
section, or that service cannot be made immediately by the exercise of
reasonable diligence, such order may provide for service in such manner
as the court directs.
and the papers upon which it is granted shall be served upon the insurer
named therein by delivering true copies to, and leaving them with:
(1) If a domestic corporation: its president or other head, the
secretary or clerk to the corporation, the cashier, the treasurer or any
director or managing agent.
(2) If a foreign or alien corporation: its president, vice-president,
treasurer or assistant treasurer, secretary or assistant secretary, or
any director or managing agent or, if the corporation has no such
officers within this state, to the officer performing corresponding
functions.
(3) If a voluntary, unincorporated or a joint stock association, order
or society: the president, vice-president, treasurer, director, trustee
or other officer or a member with managerial powers.
(4) If a reciprocal insurer or Lloyds underwriters: the duly
designated attorney-in-fact.
(b) When it is satisfactorily proved by the verified report of an
examiner to the superintendent or by affidavit of any other person
familiar with the facts that the persons upon whom service is required
to be made have departed from the state or keep themselves concealed
therein or have resigned from their offices within forty days prior to
the application for an order to show cause under the provision of this
section, or that service cannot be made immediately by the exercise of
reasonable diligence, such order may provide for service in such manner
as the court directs.