2007 Legislation
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SENATE BILL NO. 1124 – MV operator, service of process

SENATE BILL NO. 1124

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Bill Status



S1124................................................by JUDICIARY AND RULES
MOTOR VEHICLE OPERATORS - Amends existing law relating to service of
process on resident and nonresident motor vehicle operators to provide that
certain insurance carriers shall be deemed appointed for service of
process; to authorize the claim representative or claim adjuster for a
liability insurance carrier to accept service of process for a defendant or
process may be served upon the liability carrier; and to provide duties of
the liability carrier when served.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1124
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SERVICE OF PROCESS ON RESIDENT AND NONRESIDENT MOTOR VEHICLE OPER-
  3        ATORS; AMENDING SECTION 49-2421,  IDAHO  CODE,  TO  PROVIDE  THAT  CERTAIN
  4        INSURANCE  CARRIERS  SHALL  BE DEEMED APPOINTED FOR SERVICE OF PROCESS, TO
  5        AUTHORIZE THE CLAIM REPRESENTATIVE  OR  CLAIM  ADJUSTER  FOR  A  LIABILITY
  6        INSURANCE  CARRIER TO ACCEPT SERVICE OF PROCESS FOR A DEFENDANT OR PROCESS
  7        MAY BE SERVED UPON THE LIABILITY CARRIER, TO PROVIDE DUTIES OF THE LIABIL-
  8        ITY CARRIER WHEN SERVED AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 49-2421, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        49-2421.  SERVICE  OF  PROCESS  ON  RESIDENT AND NONRESIDENT MOTOR VEHICLE
 13    OPERATORS. (1)  The operation by any  person,  either  as  principal,  master,
 14    agent,  servant  or  otherwise,  of  any  motor vehicle, whether registered or
 15    unregistered, and with or without a license to operate, on any highway in this
 16    state, shall be deemed equivalent to an appointment by that person of the sec-
 17    retary of state and the insurance carrier that provides the  liability  insur-
 18    ance  coverage  required  by  section  49-1229, Idaho Code, at the time of the
 19    accident or collision at issue, to be  his  true  and  lawful  attorney,  upon
 20    either of whom may be served all lawful summons and processes in any action or
 21    proceeding  against him, growing out of any accident or collision in which he,
 22    either as principal, master, agent, servant, or  otherwise,  may  be  involved
 23    while operating, causing or permitting the operation of a motor vehicle upon a
 24    highway.  The  operation  shall be signification of an agreement by the person
 25    that any summons or process against him which is so served in a manner consis-
 26    tent with this section shall be of the same legal force  and  validity  as  if
 27    served on him personally within Idaho.
 28        (2)  Service of the processes upon the secretary of state shall be made by
 29    leaving  a  copy  of  the  process, with a fee of five dollars ($5.00), in the
 30    hands of the secretary of state or in his office. The service shall be a  suf-
 31    ficient  and  valid personal service upon that person; provided, notice of the
 32    service and a copy of the process is sent by registered mail by the  plaintiff
 33    to the defendant, and the defendant's return receipt and plaintiff's affidavit
 34    of compliance are appended to the process and entered as a part of the return.
 35    Personal service outside of the state in accordance with the provisions of the
 36    laws  of  Idaho  relating  to personal service of summons outside of the state
 37    shall relieve a plaintiff from mailing copies of the  summons  or  process  by
 38    registered  mail  as  provided  in this section. Service of the process upon a
 39    defendant shall not be complete until it is either made by registered mail  or
 40    by  personal  service  outside  of the state. The court in which the action is
 41    brought may order continuances as may be necessary  to  afford  the  defendant
 42    reasonable opportunity to defend the action.
 43        (3)  A  claim representative or claim adjuster for the liability insurance
                                                                        
                                       2
                                                                        
  1    carrier is authorized to accept service of process for the defendant or  proc-
  2    ess may be served upon the liability carrier in the same manner as if the lia-
  3    bility  carrier  were  the defendant. When served, the liability carrier shall
  4    provide notice of the service and a copy of the process to the defendant.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16912

     This bill is one of a series proposed to modernize and
streamline judicial and legal proceedings in automobile insurance
litigation.  This statute is designed to eliminate unnecessary
court hearings and defaults by individuals.  Currently when a
person's location is unknown a plaintiff must get an order from
the court and publish a copy of the summons for four weeks.  This
often leads to a court defaulting a defendant even when there is
an insurance company.  This bill authorizes an insurance company
for the person who caused a collision to accept service of
process.  This will allow a defense lawyer to appear more easily
in a case and reduce costs of litigation.


                           FISCAL NOTE

     This bill will have no fiscal impact.



Contact
Name: Senator Mike Burkett 
Phone: 332-1414
Barbara Jorden
345-1890


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1124