(a) An unauthorized insurer may be sued, upon any cause of action arising in this territory under any contract issued by it as a surplus line contract, pursuant to this chapter, in the District Court of the Virgin Islands in that judicial division in which the cause of action arose.
(b) Service of legal process against the insurer may be made in any such action by service upon the Commissioner. At the time of such service the plaintiff shall pay to the Commissioner $5, taxable as costs in the action if the plaintiff shall prevail therein. The Commissioner shall forthwith mail the documents of process served, or a true copy thereof, to the person designated by the insurer in the policy for the purpose of prepaid registered mail with return receipt requested. The insurer shall have 40 days from the date of service upon the Commissioner within which to plead, answer, or otherwise defend the action. Upon service of process upon the Commissioner in accordance with this provision, the court shall be deemed to have jurisdiction in personam of the insurer.