§ 387.11 State authority and designation of agent.
发布02-24
生效02-24
摘要总结AI 辅助解读
该条款规定了美国陆运承运人(Motor Carrier)满足财务责任要求的保险或保函资格标准。核心在于保险人必须合法授权在承运人运营州或主要营业地州签发保单,且若跨州运营,需指定代理人以接受法律传票送达。特别指出加拿大保险公司若在加方有资质并愿意在美国指定送达代理人,亦符合合规要求。此规定直接影响跨境陆运中保险单的有效性及理赔可行性。
A policy of insurance or surety bond does not satisfy the financial responsibility requirements of this subpart unless the insurer or surety furnishing the policy or bond is—
- (a) Legally authorized to issue such policies or bonds in each State in which the motor carrier operates; or
- (b) Legally authorized to issue such policies or bonds in the State in which the motor carrier has its principal place of business or domicile, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates; or
- (c) Legally authorized to issue such policies or bonds in any State of the United States and eligible as an excess or surplus lines insurer in any State in which business is written, and is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction of the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates.
- (d) A Canadian insurance company legally authorized to issue a policy of insurance in the Province or Territory of Canada in which the Canadian motor carrier has its principal place of business or domicile, and that is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction over the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates.
[46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983; 75 FR 38430, July 2, 2010]
