§ 387.409 Insurance and surety companies.
发布02-24
生效02-24
摘要总结AI 辅助解读
本条款规定美国联邦汽车运输安全管理局（FMCSA）接受货运代理保险或保证金证书的前提条件。核心要求是签发机构必须在货运代理获准服务的每个州持有执照，或在总部所在州持照并指定送达代理人，或是符合超额/剩余线保险公司资格。特别针对加拿大货运代理，要求其总部所在省/特区持照并指定美国境内的法律送达代理人。此规定旨在确保在发生纠纷时，相关责任主体具备偿付能力且司法管辖可达。
A certificate of insurance or surety bond will not be accepted by the FMCSA unless issued by an insurance or surety company that is authorized (licensed or admitted) to issue bonds or underlying insurance policies:
- (a) In each State in which the freight forwarder is authorized by the FMCSA to perform service, or
- (b) In the State in which the freight forwarder has its principal place of business or domicile, and will designate in writing upon request by the FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the freight forwarder performs service; or
- (c) In any State, and is eligible as an excess or surplus lines insurer in any State in which business is written, and will make the designation of process agent prescribed in paragraph (b) of this section.
- (d) In the Province or Territory of Canada in which a Canadian freight forwarder has its principal place of business or domicile, and will designate in writing upon request by FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the freight forwarder operates.
[56 FR 28111, June 19, 1991, as amended at 75 FR 38430, July 2, 2010; 78 FR 58482, Sept. 24, 2013]