Service of Process Frequently Asked Questions
Who may the Director of the DOI accept service of legal process in Idaho for?
- The Director may accept service of process issued in Idaho on behalf of insurance companies and other persons located outside of Idaho who have designated the Director of the Department of Insurance (DOI) to be their agent for receipt of service of legal process as required by the insurance code.
- Generally Idaho domiciled companies or resident persons may not be served through the Director of the DOI. (Idaho domestic reciprocals may be served in Idaho upon their attorney in fact or the Director per Idaho Code § 41-2915.) Idaho companies and residents should be served directly or through any agent authorized to receive legal process. The address of any Idaho company/person licensed by the DOI, or if applicable the name of any agent and its address, should be available from both the DOI as well as the Idaho Secretary of State.
- To find out if a company, agency or agent is located outside of Idaho (non-domicile), click here. If the company/person is located in Idaho, you should serve them directly in Idaho. If the company person is shown in the DOI database as licensed but located outside of Idaho, then you may serve the director.
- If you have any difficulty locating a company or person after reviewing the above website and applicable insurance policy, feel free to contact the DOI by email or telephone at 208-334-4217.
What are the applicable laws that govern service of process?
- Primarily Idaho Code §§ 41-333 & 41-334 (but certain other foreign (non-Idaho) persons licensed by or registered with the DOI are covered in other sections of the Insurance Code, Title 41, Idaho Code.
- See also Rules 4 and 12 of the Idaho Rules Civil Procedure.
- NOTE: THESE REFERENCES ARE MERELY ILLUSTRATIVE AND ARE NOT INTENDED TO BE EXHAUSTIVE. THIS IS NOT, AND THE DOI CANNOT PROVIDE, LEGAL ADVICE. PLEASE CONSULT A PRIVATE ATTORNEY TO DETERMINE HOW TO ACCOMPLISH PROPER SERVICE OF PROCESS.
What are the applicable laws that authorize the Director of the DOI to accept service?
- Foreign insurance companies per Idaho Code § 41-334; Idaho Code § 41-333 applies to foreign and alien insurers and domestic reciprocal insurers.
- Non-resident producers Idaho Code § 41-1010.
- * Surplus lines per Idaho Code § 41-1231 (note, we have no designation of agent form, rather Director serves person designated in the surplus lines policy). See also Idaho Code § 41-1206 (acts constituting appointment of the Director as Service of Process Agent). See also Idaho Code §§ 41-1207 and 41 – 1210.
- Domestic reciprocals can serve either director or insurer’s attorney-in-fact per Idaho Code § 41-2915.
- Fraternal benefit societies per I.C. § 41-3234.
- Those filing holding company statements per 41-3802. Idaho Code § 41-3805(7).
- Foreign Managed Care Organizations. Idaho Code § 41-3906(1)(n).
- Purchasing groups Idaho Code § 41-4809(2) (with some exceptions based on facts pre October 27, 1986).
- Risk retention groups I.C. § 41-4805(1)(c).
- Reinsurance: Intermediary Brokers/Managers Idaho Code § 41-5103(4)(b).
- Motor vehicle service contract providers – Idaho Code § 49-2808 formerly required appointment of the Director as agent for service of process and authorized such process; however, Senate Bill 1402 enacted by the 2002 legislature, repealed Idaho Code § 49-2808, such repeal was effective July 1, 2002.
IDAPA 18.01.44.040.06 and 18.01.44.040.07 provides that the fee for service of process is $30.00.
What is the process to serve a foreign company or other person through the Director?
- $30.00 fee for each company/person being served.
- 2 copies of all pleadings must be provided for each company/person to be served.
- The company/person being served must have designated the Director of the DOI as its agent for receipt of legal process in Idaho or otherwise be able to be served via the Director.
- A notice will be sent out with the copy of pleadings by certified mail.
- A copy of the notice will be mailed to the attorney’s office requesting service.
- The notice includes the certified mailing tracking number which can be used to track when the service has been signed for.
- Any requests not containing all necessary copies or the $30.00 fee will be returned or at the Director’s option held until complete.
Where are we located?
We are located in the JRW (Joe R. Williams) Building behind the Capitol building on the 3rd floor. Our mailing address is:
Attn: Assistant to the Director
Idaho Department of Insurance
700 W. State St.
P.O. Box 83720
Boise, Idaho 83720-0043
How long will it take the director to forward the documents?
- Documents are forwarded to the company/person by certified mail, usually within 2 business days of receipt.
- Unless otherwise provided, companies and other persons served in Idaho through the Director of the DOI have 30 days to answer a complaint rather than the usual 20 days per Idaho Code § 41-334(3) as permitted by Rule 12(a), Idaho Rules of Civil Procedure.
What form of service upon the Director is acceptable to the Director?
Personal service (i.e. hand delivery) or registered or certified mail upon the Director appear to satisfy the requirements of Rule 4(d)(4) of the Idaho Rules of Civil Procedure for service upon domestic and foreign corporations. The Director of the DOI will accept 2 copies and the $30.00 fee by courier or first class mail as well. The Director will not accept faxed documents for service of process.
The DOI makes no representation regarding the effectiveness of any service. In other words, any party being served with legal process through the Director may object to the effectiveness of service.