SB 804
Allows for substituted service upon an insured defendant's automobile insurance company
Sponsor:
LR Number:
3636S.01P
Last Action:
4/18/2006 - Hearing Conducted H Judiciary Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2006

Current Bill Summary

SB 804 - This act provides that in any court proceeding arising from injury to person or property caused by a resident's use of any motor vehicle or trailer, if the plaintiff alleges that the defendant cannot be served personally in the manner prescribed by law, then the court shall order that the summons and petition be served upon any insurance company through which the defendant maintains an automobile insurance policy.

The plaintiff, either in a verified petition or in an affidavit, must describe at least one prior attempt to personally service the defendant, including the date, time, place and manner by which service was attempted. The plaintiff must also provide the defendant’s last known address, and the address and name of the insurance company through which the defendant maintains an automobile insurance policy.

The summons and petition shall be served upon the insurance company in the same manner as on any domestic or foreign corporation, as provided by this section. The summons and petition shall also be mailed to the defendant at his or her last known address.

ALEXA PEARSON

Amendments