Ark. Code Ann. § 23-65-203 (2026)
Service of process
- Service of process upon any such insurer pursuant to § 23-65-202 shall be made by delivering to and leaving with the Insurance Commissioner or some person in apparent charge of his or her office two (2) copies thereof and the payment to him or her of such fees as may be prescribed by law. The commissioner shall forthwith mail by registered mail one (1) of the copies of such process to the defendant at its principal place of business last known to the commissioner, and shall keep a record of all process so served upon him or her. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within ten (10) days thereafter by registered mail by the plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
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Service of process in any such action, suit, or proceeding shall in addition to the manner provided in subsection (a) of this section be valid if served upon any person within this state, who in this state on behalf of the insurer is:
- Soliciting insurance;
- Making any contract of insurance or issuing or delivering any policies or written contracts of insurance; or
- Collecting or receiving any premium for insurance and a copy of the process is sent within ten (10) days thereafter by registered mail by the plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
- No plaintiff or complainant shall be entitled to a judgment by default under this section until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
- Nothing in this section contained shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law.
History. Acts 1959, No. 148, § 185; A.S.A. 1947, § 66-2905.
Case Notes
Jurisdiction.
The court acquired no jurisdiction over the insurance fund by virtue of the service obtained on the officers of union local, since service was not properly obtained by compliance with subdivision (2)(c) of this section. Bost v. Masters, 235 Ark. 393, 361 S.W.2d 272 (1962).
Waiver.
A letter from a firm of attorneys to the Insurance Commissioner acknowledging defendant's receipt of the summons and stating that defendant would either dispose of the matter with opposing counsel or retain local counsel to handle the case did not constitute defendant's waiver of plaintiff's failure to file an affidavit of compliance with this section in the absence of a showing of record that such attorneys were authorized to represent the defendant. United Equitable Ins. Co. v. Karber, 243 Ark. 631, 421 S.W.2d 338 (1967).
Cited: William Penn Fraternal Ass'n v. Hickman, 256 Ark. 308, 506 S.W.2d 823 (1974).