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§47-425.
§47-425.
(a) No license shall be issued by the Commission until the applicant
shall have filed with each application, and the same have been
approved by the Commission, the following insurance policies and bonds
issued by an insurance carrier or bonding company authorized to do
business within this state. In lieu of such policies, the applicant
may file the written certificate or certificates of any insurance
carrier duly authorized to do business in this state, certifying that
it has issued to, or for the benefit of, the applicant, named as the
insured therein, a policy or policies meeting the requirements of this
section as hereinafter provided, and that said policy or policies are
then in full force and effect. Such certificate or certificates shall
give the dates of issuance and expiration of such policy or policies,
and shall designate by explicit designation or by appropriate
reference all motor vehicles covered thereby.
(1) A bond in the penal sum of Five Hundred Dollars ($500.00) in such
form as may be prescribed by the Commission for the purpose of
protecting the public against fraud, conditioned upon the delivery of
correct weights, measures, footage, or grades, if the commodities
handled by the itinerant merchant are those customarily sold by
weights, measures, footage, or grades, accurate representation as to
quality or class of such commodities, the actual payment of checks,
drafts or other obligations delivered by the itinerant merchant in
exchange for the purchase of commodities, and conditioned to pay any
judgment or judgments that may be obtained against the itinerant
merchant for civil liability arising out of the conduct of his
business, and further providing for the prompt payment of license fees
and taxes to this state or any governmental subdivision thereof,
including the matters hereinbefore specified in this paragraph, but
not including any causes of action covered by the insurance policies
described in paragraph (2) of this subsection. Said bond shall further
provide that any person dealing with said itinerant merchant, any
person using the commodities handled by him, and any person holding
checks, drafts, or other obligations, shall have cause of action upon
said bond by reason of any violation of the terms of said bond with
respect to such dealing, said commodities, or said checks, drafts or
other obligations.
(2) A liability insurance policy or bond which shall bind the obligors
to pay compensation for injuries to persons and damage to property
resulting from the negligent operation of the motor vehicle operated
under authority of the itinerant merchant's license, said policy or
bond to be conditioned to pay any sum up to Five Thousand Dollars
($5,000.00) for personal injury to or death of one individual, and up
to Ten Thousand Dollars ($10,000.00) for personal injuries or deaths
resulting from any single accident, and up to One Thousand Dollars
($1,000.00) for damage to property in any single accident.
(b) Every insurance policy and bond or certificate thereof filed with
the Commission under the provisions of this act shall contain an
endorsement or provision that the same shall not be cancelled by the
obligor, shall not expire, and shall not become reduced in amount,
until thirty (30) days after notice by registered United States mail
has been sent to the Commission of the intention to cancel the same,
or that the same is to expire or is to be reduced in amount. Upon
receipt of such notice the Commission shall immediately notify the
itinerant merchant by registered United States mail, return receipt
requested, of the receipt of such notice, and shall advise him that
unless a new insurance policy or bond is filed to replace the one to
be canceled, or to expire, or to be reduced in amount, prior to the
time such cancelation, expiration or reduction becomes effective, the
license of such itinerant merchant in connection with which said
policy or bond was issued shall be revoked at the time such
cancellation, expiration or reduction becomes effective. If a new
policy or bond is not filed or the amount of the reduction restored
prior to the time such cancellation, expiration or reduction becomes
effective, the Commission must revoke said license at said time, and
licensee shall return license and license plate to the Commission.
(c) Any person having a cause of action against the itinerant merchant
arising out of the matters described in paragraphs (1) and (2) of
subsection (a) of this section may join said itinerant merchant and
the surety on his bond in the same action, or may sue said surety
without joining said itinerant merchant in the action if the itinerant
merchant is deceased or if it is impossible to obtain jurisdiction of
his person within the state where the cause of action arose.
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