Ark. Code Ann. § 23-65-202 (2026)
Commissioner process agent
Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be deemed to constitute an appointment by the insurer of the Insurance Commissioner and his or her successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any such contract or transaction; and shall be deemed to signify the insurer's agreement that any such service of process shall have the same legal effect and validity as personal service of process upon it in this state.
History. Acts 1959, No. 148, § 184; A.S.A. 1947, § 66-2904.
Case Notes
Jurisdiction.
Substituted service of summons was held unauthorized, invalid and ineffective as to jurisdiction over defendant. American Farmers Ins. Co. v. Thomason, 217 Ark. 705, 234 S.W.2d 37 (1950) (decision under prior law).
In order for service of summons upon the Arkansas State Insurance Commissioner to confer jurisdiction over the person of the defendant, it must appear that the defendant is an insurer, and that it has issued or delivered a policy or contract of insurance to the plaintiff, who must be a citizen or resident of Arkansas. Atex Mfg. Co. v. Lloyd's of London, 139 F. Supp. 314 (W.D. Ark. 1955) (decision under prior law).