Concurrently with the filing of the declaration provided for by the terms of section 44-1203, the attorney shall file with the Department of Insurance an instrument in writing executed by him or her for said subscribers, conditioned that upon the issuance of certificate of authority provided for in section 44-1211 action may be brought in the county in which the property insured thereunder is situated and service of process may be had in the manner provided for service of a summons in a civil action in all suits in this state arising out of such policies, contracts, or agreements, which service shall be valid and binding upon all subscribers exchanging at any time reciprocal or interinsurance contracts through such attorney. Such instrument shall further provide that in all suits arising in this state on account of contracts issued by such attorney for the account of said subscribers, such action may be brought against such attorney as attorney in fact for all subscribers at such reciprocal or interinsurance exchange, and the judgment in the action shall be a judgment against and binding upon each of the subscribers, as their respective interests may appear.

Source

  • Laws 1917, c. 189, § 4, p. 460;
  • Laws 1919, c. 190, tit. V, art. XV, § 4, p. 683;
  • C.S.1922, § 7972;
  • C.S.1929, § 44-1504;
  • R.S.1943, § 44-1204;
  • Laws 1983, LB 447, § 61.

Terms Used In Nebraska Statutes 44-1204

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Department: shall mean the Department of Insurance. See Nebraska Statutes 44-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Summons: Another word for subpoena used by the criminal justice system.