Lawsuits against insurance companies that have no reachable agent in Texas often end at the Texas Department of Insurance, in the Barbara Jordan Building at 1601 Congress Avenue, Austin, TX 78701, in Travis County. The department's Chief Clerk Office receives process when the Commissioner of Insurance is the agent for service under Insurance Code Chapter 804, and TDI also takes papers served on the agency or the commissioner directly. The papers are mostly citations and petitions naming insurers, plus subpoenas and notices.
Pricing and Turnaround
Pick Standard Service at $69, with the attempt within 5 business days; Rush Service at $119, with the attempt within 48 hours; or 24-Hour Service at $169, with the attempt within 24 hours. A Texas state-court citation or summons adds a $100 fee to the tier, because Texas lets only a sheriff, constable or certified process server serve one; with Standard service it is $169 in all. TDI's own fee of up to $50, by check or money order to the department, is separate and travels with the papers. Once delivery is complete, a signed Rule 107 return of service is emailed to you. Compare the tiers on the pricing page or start an order.
What Can Be Served Here
An authorized alien or foreign insurer must appoint a Texas agent, and the commissioner becomes its agent if the company fails to appoint or maintain one, if that agent cannot with reasonable diligence be found, or if its certificate of authority is revoked (Ins. Code 804.103). The same goes for a domestic insurer that moved its principal offices and part of its books and records out of state and keeps no findable Texas agent (Ins. Code 804.102). A risk retention group that is registered but not chartered in Texas must designate the commissioner (Ins. Code 804.104). TDI's guidance page also lists foreign third-party administrators, multiple employer welfare arrangements, purchasing groups, surplus lines insurers, and viatical settlement companies without an agent on file as entities for which the commissioner may be the agent. An ordinary domestic insurer is different: it is served through its president, an active vice president, secretary or attorney in fact at its home office or principal place of business, or by leaving a copy at that office (Ins. Code 804.101). Process served on the commissioner must name the defendant and give its address; service on the commissioner counts as service on the company, and the commissioner then mails a copy to the defendant (Ins. Code 804.201 to 804.203).
Before You Send Papers
TDI asks filers to check the company on the department's reports page before using the commissioner, noting that a domestic insurer may list none because it is served at its own office. Prepare two copies of every document, and make sure the papers state that the Commissioner of Insurance is the agent for service. Add the fee and the name and address of the company to be served. Hand delivery works only during the service-of-process windows TDI publishes, and only certain employees may accept papers, so write to the Chief Clerk Office at ChiefClerk@tdi.texas.gov ahead of time to confirm someone will be available. Papers for an insurer may instead go by certified or registered mail to the Chief Clerk Office's post office box in Austin, but TDI does not accept service on itself or the commissioner by mail or email unless the law allows it.
Nearby Courts and Other Locations
The Travis County Courthouse is at 1000 Guadalupe Street, Austin, TX 78701, and the Travis County page covers its courts. A defendant that is not an insurer normally goes through its registered agent, with the Texas Secretary of State as the fallback when that agent is gone. If TDI's reports page shows a commercial agent for an insurer, the papers go to that agent instead, for example CSC in downtown Austin.