§ 46-7-12 - Requirement as to obtaining indemnity insurance or self-insurance before issuance of certificate - Georgia Statutes

O.C.G.A. 46-7-12 (2010)
46-7-12. Requirement as to obtaining indemnity insurance or self-insurance before issuance of certificate

(a) No motor carrier of household goods or passengers shall be issued a certificate unless there is filed with the commission a certificate of insurance for such applicant or holder on forms prescribed by the commission evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor carrier may be legally liable. The commission shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the commission shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.

(b) The commission shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants.

(c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract.