Appointment of the Clerk of the Commission as Agent for Service of Process, issued March 13, 1987, § 38.2-1216

STEVEN T. FOSTER COMMISSIONER OF INSURANCE THOMAS S. NARDO FIRST DEPUTY COMMISSIONER Box 1 157 RICHMOND, VA 23209 TELEPHONE (804) 786-37 STATE CORPORATION COMMISSION BUREAU OF INSURANCE March 13, 1987 Administrative Letter 1987-4 M E M O R A N D U M TO: All Reciprocal Insurers Licensed in Virginia RE: Appointment of the Cleric of the Commission as Agent for Service of Process It has come to our attention that certain reciprocal insurers are not in com­ pliance with Virginia Code Section 38.2-1216. Effective July 1, 1986, Section 38.2-1216 supplanted Section 38.1-700, which had required appointment of the Secretary of the Commonwealth for service of process by every reciprocal insurer licensed to do business in Virginia. All licensed reciprocal insurers must now appoint the Clerk of the State Corporation Commission as agent for service of process. Providing for transition, Section 38.2-1216 states in pertinent part: Any domestic, foreign or alien reciprocal th at, on July 1, 1986, has appointed the Secretary of the Commonwealth as its agent for service of process shall comply with the require­ ments of this section within six months of July 1, 1986. By December 31, 1986, therefore, every licensed reciprocal insurer should have filed a properly executed power-of-attorney appointing the Clerk of the State Corporation Commission as its agent. The SCC/Bureau of Insurance is enclosing copies of two versions of its power-of- attorney form: one for corporations, the other for individuals. The appro­ priate form should be executed by the attorney-in-fact of every licensed reciprocal insurer which has not as yet appointed the Clerk of the Commission as its agent pursuant to Section 38.2-1216. No la ter than April 30, 1987, three copies of the form with original signatures and properly executed should be received by the SCC/Bureau of Insurance at the following address: Company Licensing and Regulatory Compliance SCC/Bureau of Insurance Box 1157 Richmond, VA 23209 Sincerely, Steven T ich has not as yet appointed the Clerk of the Commission as its agent pursuant to Section 38.2-1216. No la ter than April 30, 1987, three copies of the form with original signatures and properly executed should be received by the SCC/Bureau of Insurance at the following address: Company Licensing and Regulatory Compliance SCC/Bureau of Insurance Box 1157 Richmond, VA 23209 Sincerely, Steven T. Forster Commissioner of Insurance STF:AWG/fah Enclosures POWER OF ATTORNEY For appointment of Agent by a Reciprocal Doing Business in Virginia under Chapter 12, T itle 38.2 of the Code of Virginia. KNOW ALL MEN BY THESE PRESENTS: That the subscribers of t h e , a r e c i p r o c a l o r g a n i z e d a n d e x i s t i n g u n d e r t h e l a w s of by t h e i r duly au th o riz ed a t t o r n e y - i n - f a c t , a c tin g under and pursuant to the p r o v is io n s of Section 38.2-1216 of the Code of Virginia, have agreed and by these presents do agree that upon and after the issuance, by the State Corporation Commission, of a l i c e n s e p e r m i t t i n g the r e c i p r o c a l to t r a n s a c t b u sin ess in the Commonwealth of Virginia, any action or su it against the reciprocal, i t s s u b s c r i b e r s or t h e i r a t t o r n e y - i n - f a c t , a r i s i n g out of or on account of any p o lic y , c o n t r a c t or agreement for insurance in the r e c i p r o c a l , may be brought in the c i t y or county in which the cause of action a rise s or the claimant resides c t b u sin ess in the Commonwealth of Virginia, any action or su it against the reciprocal, i t s s u b s c r i b e r s or t h e i r a t t o r n e y - i n - f a c t , a r i s i n g out of or on account of any p o lic y , c o n t r a c t or agreement for insurance in the r e c i p r o c a l , may be brought in the c i t y or county in which the cause of action a rise s or the claimant resides. And the s u b s c r i b e r s of t h e by th eir duly authorized a tto rn e y -in -fac t, have further made, constituted and appointed, and by these presents do make, constitute and appoint the Clerk of the S ta te Corporation Commission and h is successor or successors in office, to be th e ir true and lawful agent and attorney- i n - f a c t for the period of t h e i r lic e n s e upon whom a l l le g a l process against the reciprocal, i t s subscribers or th eir atto rn ey -in -fact, in a l l a c t i o n s or s u i t s a r i s i n g out of or on account of p o l i c i e s , contacts or agreements of insurance in the reciprocal, may be served, which se rv ic e s h a ll be v a l i d and binding upon a l l s u b s c r i b e r s exchanging a t any time r e c i p r o c a l insurance c o n t r a c t s through the atto rn e y -in -fac t whose name is affixed hereto, or his duly appointed successor. IN WITNESS WHEREOF, , incorporated under the laws of , the duly au th o riz e d a t t o r n e y - i n - f a c t of the acting for the subscribers of the reciprocal, has executed th is power of attorney in duplicate, by affixing hereto the name or designation of the reciprocal and his own name as a tto rn e y -in -fac t, th is day of , 19. (Attorney-in-Fact) Corporate Seal ______________________ (Name) (Title) Attested By: __________________ (Name) SCC/BOI: REl o riz e d a t t o r n e y - i n - f a c t of the acting for the subscribers of the reciprocal, has executed th is power of attorney in duplicate, by affixing hereto the name or designation of the reciprocal and his own name as a tto rn e y -in -fac t, th is day of , 19. (Attorney-in-Fact) Corporate Seal ______________________ (Name) (Title) Attested By: __________________ (Name) SCC/BOI: REl a t t e s t e d by t h e s e c r e t a r y ) . STATE OF _________________________ CITY (OR COUNTY) OF _________ I , , a N o t a r y P u b l i c i n and f o r t h e c i t y (or c o u n t y ) a f o r e s a i d , h e r e b y c e r t i f y t h a t and , w h o s e n a m es a s P r e s i d e n t and S e c r e t a r y a r e s i g n e d t o t h e f o r e g o i n g p o w e r o f a t t o r n e y h a v e a c k n o w l e d g e d t h e same b e f o r e me i n my c i t y (or c o u n t y ) a f o r e s a i d . G i v e n u n d e r my h a n d a n d o f f i c i a l s e a l t h i s d a y o f , 19 . ( N o t a r y P u b l i c ) My C o m m i s s i o n e x p i r e s . _____ N o t a r y S e a l POWER OF ATTORNEY For a p p o i n t m e n t o f A g e n t by a R e c i p r o c a l D o in g B u s i n e s s i n Virginia under Chapter 12, T itle 38.2 of the Code of Virginia. KNOW ALL MEN BY THESE PRESENTS: T h a t t h e s u b s c r i b e r s o f t h e , a r e c i p r o c a l o r g a n i z e d a n d e x i s t i n g u n d e r t h e l a w s of by t h e i r duly a u th o riz ed a t t o r n e y - i n - f a c t , a c tin g under and pursuant to the p r o v is io n s of S ection 38.2-1216 of the Code of Virginia, have agreed and by these presents do agree that upon and after the issuance, by the State Corporation Commission, of a l i c e n s e p e r m i t t i n g the r e c i p r o c a l to t r a n s a c t b u sin e ss in the Commonwealth of Virginia, any action or suit against the reciprocal, i t s s u b s c r ib e r s or t h e i r a t t o r n e y - i n - f a c t , a r i s i n g out of or on account of any p o lic y , c o n resents do agree that upon and after the issuance, by the State Corporation Commission, of a l i c e n s e p e r m i t t i n g the r e c i p r o c a l to t r a n s a c t b u sin e ss in the Commonwealth of Virginia, any action or suit against the reciprocal, i t s s u b s c r ib e r s or t h e i r a t t o r n e y - i n - f a c t , a r i s i n g out of or on account of any p o lic y , c o n t r a c t or agreement for insurance in the r e c i p r o c a l , may be brought in the c i t y or county in which the cause of action a rise s or the claimant resides. And the s u b s c r ib e r s of t h e by their duly authorized a tto rn e y -in -fac t, have further made, constituted and appointed, and by these presents do make, co nstitute and appoint the Clerk of the S ta te Corporation Commission and h is successor or successors in office, to be th eir true and lawful agent and attorney- i n - f a c t for the period of t h e i r lic e n s e upon whom a l l le g a l process against the reciprocal, i t s subscribers or their atto rn e y -in -fac t, in a l l a c t i o n s or s u i t s a r i s i n g out of or on account of p o l i c i e s , contacts or agreements of insurance in the reciprocal, may be served, which se rv ic e s h a ll be v a l i d and binding upon a l l s u b s c r ib e r s exchanging a t any time r e c i p r o c a l insurance c o n t r a c t s through the atto rn e y -in -fac t whose name is affixed hereto, or his duly appointed successor. IN WITNESS W H E R E O F , , the duly authorized atto rn e y -in -fac t of the acting for the subscribers of the reciprocal, has executed t h i s power of attorney in duplicate, by affixing hereto the name or designation of the reciprocal and i t s own name as atto rn e y -in -fac t, th is day of , 19 . ( A t t o r n e y - i n - F a c t ) SCC/BOI:RE2