§ 387.35 State authority and designation of agent.
发布02-24
生效02-24
摘要总结AI 辅助解读
该条款规定了美国联邦公路管理局（FMCSA）对承运人财务责任保险或保函的合规性要求。核心在于承保机构必须具备特定资质：要么在承运人运营的所有州合法授权，要么在总部所在州授权并指定送达代理人，或是符合超额/剩余线保险人资格。特别值得注意的是，加拿大保险公司若在其所在省/地区合法授权且愿意指定美国法院送达代理人，其保单也被视为有效。此规定直接影响跨境陆运中保险单证的审核标准。
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 a 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.
[48 FR 52683, Nov. 21, 1983, as amended at 75 FR 38430, July 2, 2010]