1. (a) A policy or bond is not effective under Section 55-8-40 unless:

   1. (1) Issued by an insurer or surety company authorized to do business in this State; or
   2. (2) Issued by an insurer or surety company not authorized to do business in this State found by the agency to afford adequate protection and which has filed or shall file with the agency a power of attorney authorizing the Secretary of Commerce to accept service on its behalf of notice or process in any action upon the policy or bond arising out of such accident.
   3. (3) If the accident results in bodily injury to or death of a person not a passenger, the policy or bond provides coverage of not less than one hundred thousand dollars because of bodily injury to or death of one person in any accident and three hundred thousand dollars because of bodily injury to or death of three or more persons in any one accident.
   4. (4) If the accident involves an aircraft being operated for hire and the accident results in bodily injury to or death of a passenger, the policy or bond provides coverage of not less than seventy-five thousand dollars, because of bodily injury to or death of one person in any one accident and not less than seventy-five thousand dollars multiplied by three-fourths the number of passenger-seats in the aircraft because of bodily injury to or death of two or more persons in any one accident, limited to three hundred thousand dollars in any one accident.
   5. (5) If the accident involves an aircraft not being operated for hire and the accident results in bodily injury to or death of a passenger, the policy or bond provides coverage of not less than one hundred thousand dollars because of bodily injury to or death of one person in any one accident and not less than one hundred thousand dollars multiplied by the number of passenger-seats in the aircraft because of bodily injury to or death of two or more persons in any one accident, limited to three hundred thousand dollars in any one accident.
   6. (6) If the accident results in damage to or destruction of property, the policy or bond provides coverage of not less than one hundred thousand dollars because of damage to or destruction of property in any one accident with the exception of the following property which is exempted from the security required under this chapter: property owned, rented, occupied or used by, or in the care, custody or control of the owner or operator or carried in or on the aircraft.

2. (b) The policy bond need not cover:

   1. (1) Any liability on account of bodily injury to or death of any employee of the owner or operator while the employee is engaged in the duties of his employment; or
   2. (2) Any obligation for which the owner or operator or his insurer may be held liable under any workmen's compensation law.

HISTORY: 1978 Act No. 563 Section 5; 1993 Act No. 181, Section 1291, eff July 1, 1993; 1994 Act No. 361, Section 8, eff May 3, 1994.