Page:United States Statutes at Large Volume 49 Part 1.djvu/218

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

74TIl CONGRESS . SESS. I. CH. 89. MAY 3, 1935 .

173 closes the name, address, and business of the insured, the coverage afford ed by such p olicy, the p remium charg ed the refor, the p olicy period, the limit of liability, and the agreement that the insurance thereu nder i s prov ided i n acco rdance with the co verage defin ed in this section as respects personal injury and death or property dam- age, or both, and is otherwise subject to all the provisions of the Act . Such motor-vehicle liability policy shall be subject to the follow- 5o bed v is ion s pre- in provisions, which need not be contained therein a) The liability of any company under a motor-vehicle liability parry h i u eren der . c om- j policy shall become absolute whenever loss or damage covered by said policy occurs, and the satisfaction by the insured of a final udgment for such loss or damage shall not be a condition precedent to the right or duty of the carrier to make payment on account of such loss or damage . No such policy shall be canceled or annulled as respects any loss or damage by any agreement between the carrier and th e insu red af ter th e said insur ed has becom e resp onsibl e for such loss or damage, and any such cancelation or annulment shall be void . Upon the recovery of a final judgment against any person for any such loss or damage, if the judgment debtor was at the accrual of the cause of action insured against liability therefor under a motor- vehicle liability policy, the judgment creditor shall be entitled to have t he ins urance money appli ed to the sa tisfac tion o f the judg- ment. But the policy may provide that the insured, or any other person covered by the policy, shall reimburse the company for pay- ments made o n acco unt of any a cciden t, cla im, or suit involv ing a breach of the terms, provisions, or conditions of the policy ; and further, if the policy shall provide for limits in excess of the limits designated in this section, the insurance carrier may plead against such j udgmen t cred itor, with r espect to th e amou nt of such e xcess limits of liability, any defenses which it may be entitled to plead against the insured . Any such policy may further provide for the prorat ing of the i nsuran ce the reunde r with other appli cable valid and collectible insurance . (b) The policy, the written application therefor (if any), and fl;POW

n

not. to con- any rider or endorsement which shall not conflict with the provisions of this Act shall constitute the entire contract between the parties . (c) The insurance carrier shall, upon the request of the insured, Delivery of certifi- deliver to the insured for filing, or at the request of the insured shall cate, if requested . file direct, with the said Commissioners or their designated agent an appropriate certificate as set forth in section 4 hereof . (d) Any carrier authoriz ed to is sue moto r-vehicl e liabi lity pol icies Executing binder, as provided for in this Act may, pending the issuance of such a etc' policy, execute an agreement, to be known as a binder ; or may, in lieu of such a policy, issue an endorsement to an existing policy, each of which shall be construed to provide indemnity or protection in like manner and to the same extent as such a policy . The pr o- visions of this section shall apply to such binders and endorsements . SEC . 13 . The following words, as used in this Act, shall have the Definitions . following meanings (a) The singular shall include the plural . The masculine shall include the feminine and neuter, as requisite . (b) "Person" shall include individuals, partnerships, corpora- " P e r s o n " , tions, receivers, referees, trustees, executors, and administrators ; and shall also include the owner of any motor vehicle as requisite, but shall not include the District of Columbia . (c) " Motor vehicle " shall include trailers, motorcycles, and "Motor vehicle" . tractors. (d) " Public highway " shall include any street, road, or public "Pu bli c highway". thoroughfare .