Pursuant to N.C. Gen. Stat. § 58-16-30, as an alternative to service of legal process under Rule 4 of the N.C. Rules of Civil Procedure, the service of such process upon any insurance company or any foreign or alien entity licensed or admitted and authorized to do business in this State may be made by service upon the Commission of Insurance or a duly appointed representative. Service may be accomplished by:
- Personal service by the Sheriff or any other person delivering a copy of the process to the Office of the Commissioner of Insurance; or
- By mailing a copy of the process, registered or certified mail, return receipt requested, addressed to the Commissioner of Insurance.
As a condition precedent to a valid service of process under this section, the party obtaining such service shall pay to the Commissioner at the time of service or acceptance of service the sum of ten dollars ($10.00), which the party shall recover as part of the taxable costs if the party prevails in the action.
Procedure for Service of Process with NCDOI
When any law firm or pro se Plaintiff is serving a Complaint and Summons upon an insurance company through the Commissioner of Insurance please remember the following:
- Have the proper name of the insurance company you are trying to serve;
- Always send two copies of the Complaint and Summons;
- Always include a check or money order in the amount of $10.00 for each insurance company you are trying to serve;
- Address the envelope as follows:
Name of Insurance Company you are serving
c/o North Carolina Department of Insurance
Attn: Mike Causey, Commissioner, as Registered Agent
1201 Mail Service Center
Raleigh, NC 27699-1201
You may call the North Carolina Department of Insurance’s General Counsel’s office at (919) 807-6650 or (919) 807-6096 with any questions or concerns you may have with correctly serving the Commissioner as Registered Agent.
Statutory Authority: N.C. Gen. Stat. § 58-16-30; N.C. Gen. Stat. § 58-16-45