Minnesota Statutes 45.028 is the correct statute for a plaintiff or the conciliation court clerk to follow to effect service of process. That means if the insurer is being sued for a violation of the insurance laws set forth in those chapters of Minnesota law, the following procedures apply:
Serve the insurance company by certified mail. The person and address which the insurance company provides us to accept on its behalf can be obtained by contacting the Department of Commerce. To obtain the agent for service address call 651-539-1742. Please note that it needs to be determined which specific, singular insurance company is to be served. One cannot commence a lawsuit against a group of companies such as, "Insurance Company Group," or "Insurance Company Companies." There may be several companies as defendants, but each defendant would be one company.
Provide the Department of Commerce with a copy of the Summons and Complaint. Please use the address below:
Consumer Protection and Education Division
85 7th Place East, Suite 500
Saint Paul, MN 55101
File an original Affidavit of Compliance with the court where the case is filed. This will inform the court that service was completed pursuant to Minnesota Statutes 45.028, subd. 2. There is no official form for this affidavit. It is basically a document prepared that states the plaintiff/plaintiff's attorney sent a copy to the Department of Commerce on a specific date and sent a copy to the defendant by certified mail on a specific date. State that by doing so, you have met the service requirements set forth under Minnesota Statutes 45.028. NOTE: according to statute, this should be filed on or before the return day of the process, if any, or within further time as the court allows.
The Department retains hardcopies of the summons and complaints for one year. After one year, the files are destroyed pursuant to our record retention schedule. However, an electronic record of the service is kept indefinitely.
If you have any questions pursuant to Service of Process, please contact Vicki Alsides @ 651-539-1742 or Vickie.Alsides@state.mn.us.