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ARTICLE · 04 JANUARY 2024

US NAIC Fall 2023 National Meeting Highlights: Surplus Lines (C) Task Force

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At the Fall 2023 National Meeting of the US National Association of Insurance Commissioners ("NAIC"), the Surplus Lines (C) Task Force (the "Task Force") met on December 1, 2023.

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At the Fall 2023 National Meeting of the US National Association of Insurance Commissioners ("NAIC"), the Surplus Lines (C) Task Force (the "Task Force") met on December 1, 2023. Among other matters, the Task Force discussed certain issues with respect to the filing of service of process forms by surplus lines insurers in light of a June 2023 US Supreme Court decision, Mallory v. Norfolk Southern Railway Company (No. 21-1168).

In Mallory, the majority opinion concluded that the courts of a state have general jurisdiction over a corporation if the corporation has appointed an official of that state (such as the Secretary of State or Insurance Commissioner) as its agent to receive service of process, regardless of whether the state's courts would otherwise have jurisdiction over the corporation, based on its conduct giving rise to a specific lawsuit.

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