Service of Process/Process Service-Order To Show Cause

N.Y. ISC. LAW § 7418 : NY Code – Section 7418: Service of Process/Process Service of order to show cause.

(a) The order to show cause and the papers upon which it is granted shall be served upon the insurer named therein by delivering true copies to, and leaving them with: (1) If a domestic corporation: its president or other head, the secretary or clerk to the corporation, the cashier, the treasurer or any director or managing agent. (2) If a foreign or alien corporation: its president, vice-president, treasurer or assistant treasurer, secretary or assistant secretary, or any director or managing agent or, if the corporation has no such officers within this state, to the officer performing corresponding functions. (3) If a voluntary, unincorporated or a joint stock association, order or society: the president, vice-president, treasurer, director, trustee or other officer or a member with managerial powers. (4) If a reciprocal insurer or Lloyds underwriters: the duly designated attorney-in-fact. (b) When it is satisfactorily proved by the verified report of an examiner to the superintendent or by affidavit of any other person familiar with the facts that the persons upon whom service is required to be made have departed from the state or keep themselves concealed therein or have resigned from their offices within forty days prior to the application for an order to show cause under the provision of this section, or that service cannot be made immediately by the exercise of reasonable diligence, such order may provide for service in such manner as the court directs.

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2 thoughts on "Service of Process/Process Service-Order To Show Cause"

JDP says:

I have a client who is suing for an intentional tort—I filed summons and complaint however the defendant cannot be served at this time because he is in the Philippines any suggestions on what I should do? some type of order to show cause ex parte ?

I would need more information, in order to offer some options. Are you suing a business or and individual?

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