Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
72A.43 SERVICE OF PROCESS UPON UNAUTHORIZED COMPANY BY
COMMISSIONER.
Subdivision 1. Appointment of agent. Any act of entering into a contract of insurance or
annuity as an insurer or transacting insurance business in this state as set forth in subdivision 2 of
section 72A.41, by an unauthorized company is equivalent to and shall constitute an appointment
by such company of the commissioner of commerce and a successor or successors in office to
be its true and lawful attorney upon whom may be served all lawful process in any action or
proceeding against it, arising out of a violation of section 72A.41, and any of such acts shall be a
signification of its agreement that any such process against it which is so served shall be of the
same legal force and validity as personal service of process in this state upon such company.
Subd. 2. How made. Service of such process shall be made in compliance with section
45.028, subdivision 2.
Subd. 3. Postponement of service. The court in any action or proceeding in which service is
made in the manner provided in subdivision 2 may, in its discretion, order such postponement
as may be necessary to afford such company reasonable opportunity to defend such action
or proceeding.
Nothing in this section is to be construed to prevent an unauthorized company from filing a
motion to quash a writ or to set aside service thereof made in the manner provided in subdivision
2 on the ground that such unauthorized company has not done any of the acts referred to in
subdivision 1.
Subd. 4. Judgment by default. No judgment by default shall be entered in any such action or
proceeding until the expiration of 30 days from the date of the filing of the affidavit of compliance.
Subd. 5. Affect on other law. Nothing contained in this section shall limit or affect the right
to serve any process, notice or demand required or permitted by law to be served upon any
company in any other manner now or hereafter permitted by law.
History: 1967 c 590 s 4; 1978 c 674 s 60; 1984 c 618 s 3,4; 1986 c 444; 1Sp1986 c 3 art 1
s 82; 1992 c 564 art 2 s 9
COMMISSIONER.
Subdivision 1. Appointment of agent. Any act of entering into a contract of insurance or
annuity as an insurer or transacting insurance business in this state as set forth in subdivision 2 of
section 72A.41, by an unauthorized company is equivalent to and shall constitute an appointment
by such company of the commissioner of commerce and a successor or successors in office to
be its true and lawful attorney upon whom may be served all lawful process in any action or
proceeding against it, arising out of a violation of section 72A.41, and any of such acts shall be a
signification of its agreement that any such process against it which is so served shall be of the
same legal force and validity as personal service of process in this state upon such company.
Subd. 2. How made. Service of such process shall be made in compliance with section
45.028, subdivision 2.
Subd. 3. Postponement of service. The court in any action or proceeding in which service is
made in the manner provided in subdivision 2 may, in its discretion, order such postponement
as may be necessary to afford such company reasonable opportunity to defend such action
or proceeding.
Nothing in this section is to be construed to prevent an unauthorized company from filing a
motion to quash a writ or to set aside service thereof made in the manner provided in subdivision
2 on the ground that such unauthorized company has not done any of the acts referred to in
subdivision 1.
Subd. 4. Judgment by default. No judgment by default shall be entered in any such action or
proceeding until the expiration of 30 days from the date of the filing of the affidavit of compliance.
Subd. 5. Affect on other law. Nothing contained in this section shall limit or affect the right
to serve any process, notice or demand required or permitted by law to be served upon any
company in any other manner now or hereafter permitted by law.
History: 1967 c 590 s 4; 1978 c 674 s 60; 1984 c 618 s 3,4; 1986 c 444; 1Sp1986 c 3 art 1
s 82; 1992 c 564 art 2 s 9
Official Publication of the State of Minnesota
Revisor of Statutes