Group insurance in unauthorized insurer

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  1. (a) Any employer in this state withholding or collecting any money from employees who are residents of this state for any group life, annuity, or accident and health insurance placed with an unauthorized insurer in violation of § 23-83-123 shall be deemed to be the agent of the insurer for the purpose of service of process in any action brought by any employee on the insurance contract.

  2. (b) If the employee is unable to collect a judgment entered in an action against the unauthorized insurer, then the employer referred to in subsection (a) of this section shall be liable for the judgment.

  3. (c) An unauthorized insurer shall be deemed to be doing business in this state for the purpose of service of process in any action.

  4. (d) This section shall not apply to group insurance lawfully placed in an insurer as a surplus line under § 23-65-101 et seq.


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