230 R.I. Code R. 230-RICR-20-60-9.5

Current through November 7, 2024

Section 230-RICR-20-60-9.5 - Service of Process

A. In order to effectuate service of process the following items must be included in the documents delivered to the Department:

1. The exact name of the entity being served;

2. One copy of the Summons and Complaint or Subpoena;

3. A check in the amount of twenty-five dollars ($25.00) for each entity being served payable to General Treasurer, State of Rhode Island;

4. A cover letter with an email address if confirmation of receipt is requested.

B. Department will accept service of process on behalf of licensed foreign insurers (R.I. Gen. Laws § 27-2-14), reciprocal exchanges and interinsurers (R.I. Gen. Laws § 27-17-5), fraternal benefit societies (R.I. Gen. Laws §27-35-35) and nonresident reinsurance intermediaries (R.I. Gen. Laws § 27-52-3) as follows:

1. By regular mail delivered to:

Insurance Division

1511 Pontiac Avenue

Bldg. 69-2

Cranston, Rhode Island 02920

2. By personal delivery of the summons and complaint and/or subpoena to the Department offices.

a. If service is accomplished in person, the person effectuating service shall deposit the summons and complaint and/or subpoena in the receptacle so designated at the department's offices.

b. The Department will check the receptacle on a daily basis to retrieve and process the summons and complaint and/or subpoena so deposited.

c. The Department will not be able to accommodate requests to personally retrieve and/or sign for service of process.

C. Upon receipt of the summons and complaint the insurance division will note the date of receipt and will forward process in accordance with the designation made by the insurer.

D. If the person serving process includes a request for confirmation by email and a valid email address, the Department will notify the server by email of the date of receipt of the summons and complaint and/or subpoena and the date upon which the service was forwarded to the insurance company.

E. A minimum of thirty (30) days notice of deposition and/or court appearance should be given with regard to subpoenas to allow time for processing by the Insurance Division and forwarding to the insurance company.

F. The Insurance Division will only accept service on behalf of insurers licensed to write business in Rhode Island.

1. The Insurance Division maintains a complete list of all licensed insurers on its website.

2. Many insurers operate under a trade, group or holding company name but the name of the actual insurer(s) is different from the trade, group or holding company name. Persons wishing to serve a licensed insurer should carefully check for the legal corporate name of the licensed insurer prior to attempting to effectuate service.

3. The Insurance Division will return all process addressed to any name other than the legal name of a licensed insurer and will retain the fee as a processing cost.

G. All process must be accompanied by a check in the amount of twenty-five dollars ($25.00) made payable to "General Treasurer, State of Rhode Island." If the Department returns process because a name other than the legal name of a licensed insurer is used, the Department will retain the twenty-five dollars ($25) as compensation for processing of the documents.

H. The Department serves only as the agent for service of process of the initial pleading and should not be included on any pleading(s) served subsequent to service of the summons.

230 R.I. Code R. 230-RICR-20-60-9.5

Amended effective 9/7/2019