How To Serve Legal Papers on NYS Insurance Department

This article will provide guidance on How To Serve Legal Papers on NYS Insurance Department. Navigating the complex field of insurance law requires an understanding of the sector’s stability and importance in risk management through insurance contracts. Despite shifts in the industry’s perception since the 1970s and 1980s, insurance remains a cornerstone for many, necessitating stringent statutory protections for consumers. Click here to watch our introduction video.

The New York State Department of Financial Services (DFS) regulates financial services and products under New York’s insurance, banking, and financial services laws. Before merging with the New York State Banking Department in October 2011 to form the DFS, the New York State Insurance Department was a pioneering regulator in the insurance sector. It’s important to note that the DFS does not process services for actions against specific insurance-related entities. Click here for New York Rules of Civil Procedure.

Who Can Receive Service:

You can serve legal papers on any insurance company holding a license in New York, as well as on unlicensed companies, Federal Risk Retention Groups, or Federal Purchasing Groups. Nonetheless, the DFS excludes certain entities, like the Motor Vehicle Accident Indemnity Corporation, from process service. Click here for How To Serve Legal Papers In New York State.

Service Requirements:

To serve legal papers effectively, you must deliver two copies of the documents and a USD 40 payment to the superintendent or their designated representative. The superintendent then mails a copy of the process to the defendant’s main business address and records every process served. Click Here for Frequently Asked Questions About Process Servers!

Notification and Proof of Service:

Sending a notification of service to the defendant within ten days is crucial for keeping them informed about the proceeding. Filing an Affidavit of Compliance with the court is also essential for validating the service process.

Serving the Superintendent of Financial Services

The Superintendent of Financial Services oversees and regulates the state’s financial institutions, including insurance companies and banks. The superintendent serves as the legal representative for accepting process services on behalf of many insurance businesses operating within the state.

Foreign and Alien Insurers:

Both domestic and foreign insurers must authorize the superintendent as their legal representative to accept processes, enabling legal actions related to insurance contracts within the state.

Serving Out-of-State Corporations

Out-of-state trust corporations must submit relevant documents to the DFS to conduct non-testamentary trust transactions in New York. Compliance with state banking laws is crucial for these corporations to operate effectively.

Proving Service Completion

After serving legal papers, providing proof of service is crucial. This proof includes an affidavit of compliance and, if necessary, a return receipt or a postal notation indicating refusal. Such documentation is vital for advancing legal proceedings within New York’s judicial system.


To Serve Legal Papers on NYS Insurance Department requires thorough knowledge of the regulatory environment. This guide simplifies the process, ensuring legal professionals and consumers can effectively navigate legal actions within the state’s insurance landscape. By adhering to these guidelines, parties involved can ensure their legal matters are recognized and proceed without delay.


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