Auguste v. Nationwide Mutual Insurance

ORDER

GERSHON, District Judge.

Plaintiffs, both residents of New York, commenced this action for breach of an insurance contract in the Supreme Court for the State of New York, Kings County. On July 14, 1999, plaintiffs served the defendant Nationwide Mutual Insurance Company (“Nationwide”) pursuant to N.Y.Ins.Law § 1212 by serving the New York State Insurance Department with the summons and complaint. N.Y.Ins.Law § 1212 requires foreign insurers doing business in New York to designate the Insurance Department as their agent for the receipt of process in the State. Nationwide is incorporated in…