1. A society authorized to do business in this state shall file in the office of the commissioner a power of attorney and an agreement in writing that service of process in any action or proceeding against the society may be served on the commissioner and shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. A copy of the power of attorney, certified by the commissioner, shall be deemed sufficient evidence of the appointment and shall be admitted in evidence with the same force and effect as the original.
Terms Used In Iowa Code 512B.33
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commissioner: means the commissioner of insurance or the commissioner's designee. See Iowa Code 512B.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Service of process: The service of writs or summonses to the appropriate party.
- Society: means a fraternal benefit society, unless otherwise indicated. See Iowa Code 512B.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. Service of process made on the commissioner as the agent for service of process shall be made as provided in section 505.30. A society shall not be required to file its answer, pleading, or defense in less than thirty days from the date the commissioner sends a copy of the service of process to the society by certified mail as provided in section 505.30. Legal process shall not be made upon a society except in the manner provided in this section.