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Service of Process on Surety Company

Asked over 3 years ago - Tacoma, WA

Lawsuits

If i am bringing suit against a companys insurance policy, and there is a local agent who produced the bond, do I only serve the local agent who produced the bond or must I serve the actual insurance company. The actual insurance company is a foreign corporation not registered to do business in my state (Washington)

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Attorney answers (2)

Elizabeth Rankin Powell

Reputation Level 20

Answered over 3 years ago. Litigation Lawyer in Tacoma, WA.

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A foreign company (one not licensed in WA) should be served, via their registered agent in the state where they are domiciled. Their local agent is not the same as their registered agent for service of process. The Secretary of State in the place where they are domiciled will have the information you need. You can hire a process server there to make the personal service.

If you do this incorrectly they will move to nonsuit you on the basis of lack of jurisdiction. You have to do it right.

This may not help you enough - if this doesn't answer your question, feel free to contact me with more facts. Elizabeth Powell

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Peter Robert Dworkin

Reputation Level 7

Answered about 3 years ago. Litigation Lawyer in Bellingham, WA.

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Service of process on insurance companies is governed by special rules. How you serve depends on whether the insurance company is a "foreign" or "domestic" insurance company. Your first stop should be to go to the Washington State Insurance Commisioner's website. They will have some information for you.

Foreign insurance companies are served by serving the suit on the Insurance Commissioner, who then forwards the suit to the insurance company's agent.

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