S.D. Codified Laws § 37-25A-41

Current through the 2024 Legislative Session

Section 37-25A-41 - Conduct constituting appointment of director as attorney for service of process

If any person engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct is equivalent to the person's appointment of the director of the Division of Insurance or the director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor or personal representative which grows out of that conduct and which is brought under this chapter or any rule or order hereunder with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process in the office of the director and it is not effective unless:

(1) The plaintiff in a suit, action, or proceeding instituted by the director, sends notice of the service and a copy of the process forthwith by registered mail to the defendant's or respondent's last known address or takes other steps which are reasonably calculated to give actual notice; and

(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

SDCL 37-25A-41

SL 1985, ch 305, § 41; SL 1995, ch 167, § 188; SL 2017, ch 231 (Ex. Ord. 17-2), § 19, eff. Apr. 13, 2017.