An automobile liability insurer is not an agent for service by default, and plaintiffs must make reasonable efforts to locate defendants before seeking substituted service.
The plaintiff brought an ex parte motion seeking an order for substituted service of the Statement of Claim on the defendant driver by serving his automobile liability insurer.
The court dismissed the motion, finding that the plaintiff failed to take reasonable steps to locate the defendant and that an insurer is not, by default, an agent for service of its insured.
The decision clarifies the proper circumstances and methods for involving an automobile liability insurer in orders for substituted service or dispensing with service.
SCJSuperior Court of JusticeMar 29, 2023
