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Insurance Commissioner as Agent for Service of Process

Several provisions within the Alabama Insurance Code (Title 27, Code of Alabama) designate the Commissioner of Insurance as agent for service of process (ASOP) for such entities as: authorized and unauthorized insurers, foreign insurance companies, reinsurers, HMOs, fraternal benefit societies and automobile clubs. In that capacity, the Commissioner’s designated representative within the Department of Insurance will undertake to ensure service of legal complaints is perfected in a timely manner by delivering it to the company’s designated ASOP.

However, except for fraternal societies and foreign HMOs, it is not mandatory the Department be relied upon as a company’s ASOP. In fact, it is normally more efficient and less costly for the plaintiff seeking service of a lawsuit upon an insurer to serve the complaint directly upon the company(ies) by certified mail, or other means. The ASOPs for those companies who are registered with the DOI can be found here:

Agent for Service of Process Search

Nevertheless, it is acknowledged that under certain circumstances such as the company to be served is not registered, or licensed, in Alabama and/or it is a foreign company, it may be necessary to utilize the Commissioner as the company’s ASOP. In order to do so, the party requesting this service must comply with the following requirements:

  1. Deliver to the Commissioner an original and two copies of the Summons and Complaint to be served. These should be delivered to:
    Commissioner of Insurance
    Alabama Department of Insurance
    Legal Division
    P. O. Box 303351
    Montgomery, AL 36130-3351
  2. Provide the full name and, if known, address of the party(ies) to be served.
  3. Include payment in the form of a check or certified funds made payable to the Alabama Commissioner of Insurance for $50.00 per party to be served.