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Service of Legal Process

Process, in the context of service upon the Superintendent, consists of the papers used to commence a lawsuit (e.g., a summons, notice of petition, order to show cause) pursuant to which a party receives formal notice to appear or respond in court. Process does NOT include subpoenas, motions, or any other pleadings in a pending lawsuit that are not described herein.

Effective Date of Service

Service will be effective on the date the papers are received by the Department provided that you have complied with all statutory requirements for effectuation of service.

Immediately below you will find detailed instructions for service pursuant to the Banking Law, further down this page you will find instructions for service pursuant to the Insurance Law.

Service Pursuant to the Banking Law

Two copies of such process must be delivered in person to the Superintendent's office at One State Street, New York, NY  10004, together with a check for $2.00 made payable to the "Superintendent of Financial Services of New York." Further papers in a case, which do not themselves commence the proceeding against the bank, should be served directly on the bank or its counsel thereafter.

Service of Foreign Banks

Foreign banks, licensed by the Superintendent to operate a branch, agency or representative office in New York have appointed the Superintendent to accept service in any action or proceeding against them on causes of action arising out of transactions with their New York Offices.

Trust activities in New York by an Out-of-State Trust Company

When an out-of-state trust company, without a physical presence in New York, seeks to conduct non-testamentary trust activities in New York, it must comply with Section 131.3 of the New York Banking Law, which requires the filing of certain documents with the Department of Financial Services. 

Service of US Banks Headquartered in New York

Whether operating under New York Charter or Federal Charter, US banks headquartered in New York State have not appointed the Superintendent their agent for service of process, thus these institutions must be served directly.

The Who We Supervise page can assist you in finding out whether an entity is regulated and/or licensed by the Department, and what additional locations or branches the entity may have.

Service Fees?

Location for Service Pursuant to Banking Law?

Service may be made by mailing or delivering the papers to the Department as follows:

Service Pursuant to the Insurance Law

 

Service of Insurance Companies, Fraternal Benefit Societies, Registered Risk Retention Groups, Registered Purchasing Groups and Licensed Life Settlement Providers

Legal process may be served upon the Superintendent on behalf of an insurance company or fraternal benefit society authorized in New York (see Insurance Law Section 1212), or risk retention group registered in New York (see Insurance Law Section 5904), with respect to a contract delivered or issued for delivery, or upon a cause of action arising in New York. Legal process may also be served on the Superintendent on behalf of an unauthorized (i.e. “unlicensed”) insurance company (see Insurance Law Section 1213) when it engages in certain activities specified in Section 1213.  In addition, legal documents, as well as process, may be served upon the Superintendent on behalf of either a registered purchasing group (see Insurance Law Section 5908) or a licensed life settlement provider (see Insurance Law Section 7803).

The Department of Financial Services does NOT accept service of process under the Insurance Law for actions against insurance groups or fleets, the Motor Vehicle Accident Indemnity Corporation, the State Insurance Fund, insurance agents and brokers, insurance adjusters, or health maintenance organizations or other persons or entities not described above.

Service Fees

If the action is being brought against a licensed insurance company or fraternal benefit society, you must provide one copy of the papers and a $40.00 check or money order made payable to “Superintendent of Financial Services”.

If the action is being brought against an unlicensed insurance company, you must provide two copies of the papers with the name and last known address of the principal place of business of the insurance company being served and a $40 check or money order made payable to “Superintendent of Financial Services”.

If the action is being brought against a licensed life settlement provider, you must provide two copies of the papers and a $40 check or money order made payable to “Superintendent of Financial Services”.

If the action is being brought against a registered risk retention group or a registered purchasing group, you must provide two copies of the papers and a $20 check or money order made payable to “Superintendent of Financial Services.”

Service Fees and Multiple Companies

The Department will accept one check or money order for multiple insurance companies being served. However, if payment is made with a single check or money order and the papers are unacceptable as to any one of the parties being served (for example, if the name of the insurance company is incorrect), all of the papers you attempt to serve will be returned, meaning that service of process will not have been effected upon any of the companies.

Location for Service Pursuant to Insurance Law

Service may be made by mailing or delivering the papers to the Department as follows:

Updated 09/20/2013