A. Each authorized foreign or alien insurer shall appoint the Insurance Commissioner as its agent to receive service of legal process, other than a subpoena, issued against it in this state upon any cause of action arising from its transaction of business in this state. The appointment shall be irrevocable, shall bind any successor and shall remain in effect as long as there is in force in this state any contract made by the insurer or obligations arising therefrom. B. Service of such process against a foreign or alien insurer shall be made only by service of process upon the Insurance Commissioner. Service of process against a domestic insurer may be made upon the insurer in the manner provided by laws applying to business entities generally, or upon the insurer's attorney-in-fact if a reciprocal insurer or a Lloyds association.
C. Each such insurer at time of application for a certificate of authority shall file with the Insurance Commissioner designation of the name and address of the person to whom process against it served upon the Insurance Commissioner is to be forwarded. The insurer may change such designation by a new filing. Added by Laws 1957, p. 235, § 621. Amended by Laws 1997, c. 418, § 26, eff. Nov. 1, 1997; Laws 1997, c. 418, § 26, eff. Nov. 1, 1997.
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 1965–2025 · leading case:
Schwartz v. Diehl, 568 P.2d 280 (Okla. 1977).
Schwartz v. Diehl, 568 P.2d 280 (Okla. 1977).
“By law (36 O.S.1971, § 621), Maryland Casualty’s agent is the State Insurance Commissioner who is officially located in Oklahoma County.”
Nw. Nat'l Life Ins. Co. v. Highley, 416 P.2d 932 (Okla. 1966).
· cites it 2× “It is 36 O.S.1961, § 621 which sets forth the means of serving process upon a foreign insurance company.”
Fid.-Phenix Fire Ins. Co. of NY v. Penick, 401 P.2d 514 (Okla. 1965).
“Defendant argues that the only and exclusive method of serving a foreign insurance company was upon the Insurance Commissioner as provided by Title 36 O.S.1961, § 621, which provides: “A. Each authorized foreign or alien insurer shall appoint the Insurance Commissioner as its…”
Brown v. Rock Ridge Ins. Co. (W.D. Okla. 2024).
· cites it 3× “Pursuant to Okla. Stat. tit. 36, § 621 (B) governing service of process on a foreign insurer, plaintiffs later mailed summons and a copy of the petition to the Oklahoma Insurance Department (“OID”) [Doc.”
Vonhartitzsch-Embrey v. State Farm Fire & Cas. Co. (N.D. Okla. 2025).
· cites it 2× “” 36 O.S. § 621(B). When legal process against an insurer for whom the Insurance Commissioner is agent is issued, it shall be served in triplicate by any manner now provided by law or in lieu thereof by mailing triplicate copies of such legal process in the United States mails…”
Gay v. United Servs. Auto. Ass'n (W.D. Okla. 2021).
“7 See generally Okla. Stat. tit. 36, § 621 (B) (2011) (“Service of [legal] process [other than a subpoena] against a foreign or alien insurer shall be made only by service of process upon the Insurance Commissioner.”
Clemens v. Companion Life Ins. Co. (W.D. Okla. 2022).
“Regarding proper service of the Commissioner, under Okla. Stat. tit. 36 § 621(B), “Service of such process against a foreign or alien insurer shall be made only by service of 1 Both parties briefed in detail the reasons they believe the thirty-day removal period pursuant to 28 U.”
— Okla. Stat. tit. 36, § 621(A) — 1 case
— Okla. Stat. tit. 36, § 621(B) — 2 cases
Clemens v. Companion Life Ins. Co. (W.D. Okla. 2022).
“Regarding proper service of the Commissioner, under Okla. Stat. tit. 36 § 621(B), “Service of such process against a foreign or alien insurer shall be made only by service of 1 Both parties briefed in detail the reasons they believe the thirty-day removal period pursuant to 28 U.”
Vonhartitzsch-Embrey v. State Farm Fire & Cas. Co. (N.D. Okla. 2025).
“” 36 O.S. § 621(B). When legal process against an insurer for whom the Insurance Commissioner is agent is issued, it shall be served in triplicate by any manner now provided by law or in lieu thereof by mailing triplicate copies of such legal process in the United States mails…”
— Okla. Stat. tit. 36, § 621(C) — 1 case
Vonhartitzsch-Embrey v. State Farm Fire & Cas. Co. (N.D. Okla. 2025).
“” 36 O.S. § 621(B). When legal process against an insurer for whom the Insurance Commissioner is agent is issued, it shall be served in triplicate by any manner now provided by law or in lieu thereof by mailing triplicate copies of such legal process in the United States mails…”
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