Rule 560-10-31-.04. Responsibility of an Insurance Carrier

1. (1) An insurance carrier that provides public liability insurance to commercial motor carriers shall provide a copy of such insurance policy to the Department.

   1. (a) An insurance carrier may provide a copy of an insurance policy for an interstate motor carrier to the Department by:

      1. 1. Filing with the FMCSA as provided in 49 CFR Part 387.

   2. (b) An insurance carrier may provide a copy of an insurance policy for an intrastate motor carrier to the Department by:

      1. 1. Filing electronically in a form prescribed by the Department.
      2. 2. Submitting a certificate of insurance as prescribed by the Department for intrastate carriers.
      3. 3. Filing with the FMCSA as provided in 49 CFR Part 387.

2. (2) An insurance carrier that provides public liability insurance to motor carriers that no longer maintain a certificate of insurance shall send notification of cancellation of such insurance to the Department by:

   1. (a) An insurance carrier may provide notice of cancellation of an insurance policy for an interstate motor carrier to the Department by:

      1. 1. Filing with the FMCSA as provided in 49 CFR Part 387.

   2. (b) An insurance carrier may provide notice of cancellation of an insurance policy for an intrastate motor carrier to the Department by:

      1. 1. Filing electronically in a form prescribed by the Department.
      2. 2. Submitting a certificate of insurance as prescribed by the Department for intrastate carriers.
      3. 3. Filing with the FMCSA as provided in 49 CFR Part 387.

3. (3) An application and certificate of insurance, if filed with the Commissioner, shall be provided to a person who has a cause of action against the Motor Carrier.

   1. (a) Any request for an application and certificate of insurance shall be made to the Commissioner in writing and accompanied by a statement of facts setting forth the cause of action.

Authority: O.C.G.A. Secs. 40-2-11, 40-2-140.

History. Original Rule entitled "Responsibility of an Insurance Carrier" adopted as ER. 560-10-31-0.45-.04. F. and eff. October 1, 2009, the date of adoption.

Amended: ER. 560-10-31-0.47-.04 adopted. F. Jan. 11, 2010; eff. Jan. 12, 2010, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Mar. 2, 2010; eff. Mar. 22, 2010.