Oklahoma § 47-169 - Filing of certificates of insurance coverage as condition

§ 47-169. Filing of certificates of insurance coverage as condition

precedent to certificate or permit - Actions by injured party Failure to maintain coverage.

A. No certificate shall be issued by the Corporation Commission

to any motor carrier of household goods 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,

Oklahoma Statutes - Title 47. Motor Vehicles

persons, and loss or damage to property, resulting from the

operation of any such motor carrier for which such carrier is

legally liable. 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 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 Commission rule. The cargo

insurance must be filed with the Commission prior to a certificate

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 an insurer authorized or approved by the Oklahoma

Insurance Department. No carrier whose principal place of business

is not in Oklahoma shall conduct any operations in this state unless

the operations are covered by a valid bond or insurance policy

issued by an insurer licensed or approved by the insurance

regulatory authority of the state of their principal place of

business or the Oklahoma Insurance Department.

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 the carrier's authority reactivated, upon showing:

1. No operation during the period in which the carrier did not

have insurance; and

2. Furnishing of proper insurance coverage.

E. Any carrier who fails to reactivate the carrier's

certificate within sixty (60) days after such suspension, as above

provided, shall have the certificate canceled, by operation of law,

without any notice from the Commission. No certificate 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

Oklahoma Statutes - Title 47. Motor Vehicles

carrier's fault. Any carrier desiring to file for reinstatement of

the carrier's certificate 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.

Added by Laws 1929, c. 253, p. 358, § 10. Amended by Laws 1933, c.

156, p. 360, § 4, emerg. eff. April 12, 1933; Laws 1937, p. 444, §

16; Laws 1965, c. 183, § 4, emerg. eff. June 3, 1965; Laws 1968, c.

190, § 9, eff. Sept. 30, 1968; Laws 1970, c. 80, § 1, emerg. eff.

March 23, 1970; Laws 1995, c. 143, § 21, eff. Nov. 1, 1995; Laws

2009, c. 183, § 7, eff. Nov. 1, 2009.