Service of Process Upon Unauthorized Insurer

(a)The transacting of business in Guam by a foreign or alien insurer without a certificate of authority and the issuance or delivery by such foreign or alien insurer of a policy or contract of insurance to a citizen of Guam or to a resident thereof, or to a corporation authorized to do business therein, is equivalent to an appointment by such insurer to the Commissioner and his successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit or proceeding arising out of such policy or contract of insurance, and the said issuance or delivery is a signification of its agreement that any such service or process is of the same legal force and validity as personal service of process in Guam upon it.

(b)Such service of process shall be made by delivering and leaving with the Commissioner or to some person in apparent charge of his office two

(2)copies thereof and the payment to him 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 his last known principal place of business and shall keep a record of all processes so served upon him. 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 plaintiff’s attorney to the defendant at his last known principal place of business, and the COL 1/26/2024 CH. 15 BUSINESS OF INSURANCE 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. However, no plaintiff or complainant shall be entitled to a judgment by default, or a judgment with leave to prove damages, or a judgment pro confesso under this section until the expiration of thirty

(30)days from date of the filing of the affidavit of compliance.

(c)Service of process in any such action, suit or proceedings shall, in addition to the manner provided in subsection

(b)of this section, be valid if served upon any person within Guam who, in Guam, on behalf of such insurer, is

(1)soliciting insurance, or

(2)making any contract of insurance or issuing or delivering any policies or written contracts of insurance, or

(3)collecting or receiving any premium for insurance; and a copy of such 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 with such further time as the court may allow.

(d)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.