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§47-169.
§47-169.
A. No certificate or permit shall be issued by the Commission to any
motor carrier of household goods or used emigrant movables until after
such motor carrier shall have filed with the Commission a liability
insurance policy or bond covering public liability and property
damage, issued by some insurance or bonding company or insurance
carrier authorized as set forth below, and which has complied with all
of the requirements of the Commission, which bond or policy shall be
approved by the Commission, and shall be in such sum and amount as
fixed by a proper order of the Commission; and such liability and
property damage insurance policy or bond shall bind the obligor
thereunder to make compensation for injuries to, or death of, persons,
and loss or damage to property, resulting from the operation of any
such motor carrier for which such carrier is legally liable. A copy of
the policy or bond shall be filed with the Commission, and, after
judgment against the carrier for any damage, the injured party may
maintain an action upon the policy or bond to recover the same, and
shall be a proper party to maintain such action.
B. Every motor carrier of household goods or used emigrant movables
shall file with the Commission a cargo insurance policy or bond
covering any goods or property being transported, issued by some
insurance or bonding company or insurance carrier authorized as set
forth below, and which has complied with all of the requirements of
the Commission, which bond or policy shall be approved by the
Commission, and shall be in a sum and amount as fixed by a proper
order of the Commission. The cargo insurance must be filed with the
Commission prior to a certificate or permit being issued by the
Commission.
C. No carrier, whose principal place of business is in Oklahoma, shall
conduct any operations in this state unless the operations are covered
by a valid primary bond or insurance policy issued by a provider
authorized or approved by the State Insurance Commissioner. No carrier
shall conduct any operations in this state unless the operations are
covered by a valid bond or insurance policy issued by a provider
licensed or approved by the State Insurance Commissioner or the
insurance regulatory authority of any other state.
D. Each motor carrier shall maintain on file, in full force, all
insurance required by the laws of the State of Oklahoma and the rules
of the Commission during such motor carrier's operation and that the
failure for any cause to maintain such coverage in full force and
effect shall immediately, without any notice from the Commission,
suspend such carrier's rights to operate until proper insurance is
provided. Any carrier suspended for failure to maintain proper
insurance shall have a reasonable time, not exceeding sixty (60) days,
within which to provide proper insurance and to have his authority
reactivated, upon showing:
1. No operation during the period in which he did not have insurance;
and
2. Furnishing of proper insurance coverage.
E. Any carrier who fails to reactivate his or its permit or
certificate within sixty (60) days after such suspension, as above
provided, shall have said permit or certificate canceled, by operation
of law, without any notice from the Commission. No certificate or
permit so canceled shall be reinstated or otherwise made operative
except that the Commission may reinstate the authority of a motor
carrier upon proper showing that the motor carrier was actually
covered by proper insurance during the suspension or cancellation
period, and that failure to file with the Commission was not due to
the motor carrier's own negligence. Any carrier desiring to file for
reinstatement of its certificate or permit shall do so within ninety
(90) days of its cancellation by law.
F. The Commission shall, in its discretion, permit the filing of
certificates of insurance coverage on such form as may be prescribed
by the Commission, in lieu of copies of insurance policies or bonds,
with the proviso that if the certificates are authorized, the
insurance company or carrier so filing it, upon request of the
Commission, shall, at any time, furnish an authenticated copy of the
policy which the certificate represents, and further provided that
thirty (30) days prior to effective cancellation or termination of the
policy of insurance for any cause, the insurer shall so notify the
Commission in writing of the facts or as deemed necessary by the
Commission.
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