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Guidelines for Service of Process

Service is the formal delivery of a writ, summons, or other legal process or notice, also termed service of process, according to Black’s Law Dictionary. Use the TDI Company Lookup webpage to find an entity’s agent for service of process contact information. 

For some types of entities, the commissioner of insurance is the agent for service of process. These entities include:

  • third-party administrators (foreign);
  • multiple employer welfare arrangements;
  • risk retention groups (registered but not chartered in Texas);
  • purchasing groups;
  • viatical settlement companies (unless the viatical settlement company has an agent for service filed with TDI);
  • surplus lines insurer;
  • domestic companies that maintain principal offices or books, records and accounts out of state and do not appoint or maintain a person in Texas as agent for service of process, or the agent cannot with reasonable diligence be found; and
  • alien or foreign companies if the company fails to appoint or maintain an agent, the agent cannot with reasonable diligence be found, or the company’s certificate of authority is revoked.

If the commissioner of insurance is the agent for service of process, include the following with your service:

  • two copies of the documents to be served;
  • $50 fee payable by check or money order made out to the Texas Department of Insurance; and
  • the name and address of the entity you intend to sue.

Mailing address for service on the commissioner of insurance:

Chief Clerk Office
333 Guadalupe
MC 113-2A, P.O. Box 149104
Austin, Texas 78714-9104

Texas statutes designating the commissioner of insurance as agent for service of process include Insurance Code Chapter 804, and Sections 4151.052; 846.059; 2201.152; 2201.256; and 1111A.003. In addition to the Insurance Code statutes designating the commissioner of insurance as agent for service of process, the procedures for serving a person are also governed by Texas Rules of Civil Procedure, the local court rules, and any other applicable law.

For more information, contact:

Last updated: 2/21/2018