|
SERVICE OF PROCESS INSTRUCTIONS
WHEN SERVING AN INSURANCE COMPANY
The responsibility for receiving
process for insurers for the office previously known as the
Department of Insurance has been delegated to the Service of Process
Section of the Department of Financial Services.
All authorized insurers
(insurance companies) registered to do business in the state of
Florida are required to designate the Chief Financial Officer of
Florida as their Registered Agent for Service of Process. These
processes (Summons & Complaint or Subpoenas) may be delivered by
personal service or mail (Ch 624.422, FS allows service by mail when
serving the Department for an insurer).
When serving Insurance Companies you
must provide the following:
· Original Summons, 2
copies of summons (one
must be a true copy, one may be a photocopy), and 2 copies of every
piece of paper to be served (Complaint, exhibits, discovery, etc.)
pursuant to Ch 48.151(1), FS;
· A $15.00 check
payable to “Department of Financial Services” or “Chief
Financial Officer”, pursuant to Ch. 624.502, FS.
· Make certain that
the attorney’s name & address are correct and clearly printed on the
summons or subpoena. The
proof of service will be returned to that name and address. You may
wish to include a self-addressed stamped envelope to expedite return
of service.
The
command line of the summons should read:
|
TO:
Name of Insurance Company
c/o Florida Chief Financial Officer as RA
200 East Gaines Street
Tallahassee, FL 32399-4201 |
or
Name of Insurance Company
c/o Florida Chief Financial Officer as RA
Service of Process Section
PO Box 6200
Tallahassee, FL 32314-6200 |
Our
office will only serve the initial process (Summons and Complaint)
or Subpoena. We are not responsible for transmittal of any pre-suit
notices or correspondence as well as subsequent filings, pleadings,
and documents following the initial service, unless ordered by the
Court pursuant to Florida Rules of Civil Procedure, Rule #1.080.”
When serving an unauthorized
insurer of which we have no records, you must provide the
address for us to serve. Please submit the same items shown above
and deliver them to our address, but the command line of the
summons should read as follows:
TO: Name of Insurance
Company pursuant to Ch 626.906, FS at
Last known address of company
City, State, Zip
Please review all documents to determine
the correct legal name of the underwriting company. This should
appear on the declaration page of the insurance policy. For
example, there are several “State Farm” companies registered in
Florida, but State Farm and State Farm Insurance Company or
Companies are not legal names for any insurers in Florida and thus
cannot be served through our agency. We are not required to act as
registered agent for insurance agencies or insurance groups. If you
are unsure as to the correct name, you may check with the Secretary
of State-Division of Corporations at (850) 487-6053 or website
http://ccfcorp.dos.state.fl.us/. We welcome a call
for assistance at (850)413-4200.
|