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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 issoserved 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 oftheprocessesupon 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 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