49 C.F.R. § 387.11

State authority and designation of agent

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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 the 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.

[46 FR 30982, June 11, 1981, as amended at 48 FR 52683, Nov. 21, 1983; 75 FR 38430, July 2, 2010]

Notes of Decisions

Cited in 2 cases, 2007–2008 · leading case: Dep't of Transp. v. Initial Transp. Inc., 740 N.W.2d 720 (Mich. Ct. App. 2007).

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Dep't of Transp. v. Initial Transp. Inc., 740 N.W.2d 720 (Mich. Ct. App. 2007). · cites it 2× “11a(1)(b), requires insurers who furnish the necessary insurance coverage to be legally authorized to be "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…”

Dep't of Transp. v. North Cent. Coop. LLC, 750 N.W.2d 234 (Mich. Ct. App. 2008). · cites it 2× “] The Court further noted that 49 CFR 387.11, incorporated into the MCSA, MCL 480.”

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