Okla. Stat. tit. 47, § 47-425
This is the official text of Okla. Stat. tit. 47, § 47-425, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Insurance policies and bonds - Parties to actions
Official statutory text
(a) No license shall be issued by the Commission until the
applicant shall have filed with each application, and the same have
been approved by the Commission, the following insurance policies
and bonds issued by an insurance carrier or bonding company
authorized to do business within this state. In lieu of such
policies, the applicant may file the written certificate or
certificates of any insurance carrier duly authorized to do business
in this state, certifying that it has issued to, or for the benefit
of, the applicant, named as the insured therein, a policy or
policies meeting the requirements of this section as hereinafter
provided, and that said policy or policies are then in full force
and effect. Such certificate or certificates shall give the dates
of issuance and expiration of such policy or policies, and shall
designate by explicit designation or by appropriate reference all
motor vehicles covered thereby.
(1) A bond in the penal sum of Five Hundred Dollars ($500.00) in
such form as may be prescribed by the Commission for the purpose of
protecting the public against fraud, conditioned upon the delivery
of correct weights, measures, footage, or grades, if the commodities
handled by the itinerant merchant are those customarily sold by
weights, measures, footage, or grades, accurate representation as to
quality or class of such commodities, the actual payment of checks,
drafts or other obligations delivered by the itinerant merchant in
exchange for the purchase of commodities, and conditioned to pay any
judgment or judgments that may be obtained against the itinerant
merchant for civil liability arising out of the conduct of his
business, and further providing for the prompt payment of license
fees and taxes to this state or any governmental subdivision
thereof, including the matters hereinbefore specified in this
paragraph, but not including any causes of action covered by the
insurance policies described in paragraph (2) of this subsection.
Said bond shall further provide that any person dealing with said
itinerant merchant, any person using the commodities handled by him,
and any person holding checks, drafts, or other obligations, shall
have cause of action upon said bond by reason of any violation of
the terms of said bond with respect to such dealing, said
commodities, or said checks, drafts or other obligations.
(2) A liability insurance policy or bond which shall bind the
obligors to pay compensation for injuries to persons and damage to
property resulting from the negligent operation of the motor vehicle
operated under authority of the itinerant merchant's license, said
policy or bond to be conditioned to pay any sum up to Twenty-five
Thousand Dollars ($25,000.00) for personal injury to or death of one
individual, and up to Fifty Thousand Dollars ($50,000.00) for
personal injuries or deaths resulting from any single accident, and
Oklahoma Statutes - Title 47. Motor Vehicles Page 792
up to Twenty-five Thousand Dollars ($25,000.00) for damage to
property in any single accident.
e conditioned to pay any sum up to Twenty-five
Thousand Dollars ($25,000.00) for personal injury to or death of one
individual, and up to Fifty Thousand Dollars ($50,000.00) for
personal injuries or deaths resulting from any single accident, and
Oklahoma Statutes - Title 47. Motor Vehicles Page 792
up to Twenty-five Thousand Dollars ($25,000.00) for damage to
property in any single accident.
(b) Every insurance policy and bond or certificate thereof filed
with the Commission under the provisions of this act shall contain
an endorsement or provision that the same shall not be cancelled by
the obligor, shall not expire, and shall not become reduced in
amount, until thirty (30) days after notice by registered United
States mail has been sent to the Commission of the intention to
cancel the same, or that the same is to expire or is to be reduced
in amount. Upon receipt of such notice the Commission shall
immediately notify the itinerant merchant by registered United
States mail, return receipt requested, of the receipt of such
notice, and shall advise him that unless a new insurance policy or
bond is filed to replace the one to be canceled, or to expire, or to
be reduced in amount, prior to the time such cancellation,
expiration or reduction becomes effective, the license of such
itinerant merchant in connection with which said policy or bond was
issued shall be revoked at the time such cancellation, expiration or
reduction becomes effective. If a new policy or bond is not filed
or the amount of the reduction restored prior to the time such
cancellation, expiration or reduction becomes effective, the
Commission must revoke said license at said time, and licensee shall
return license and license plate to the Commission.
(c) Any person having a cause of action against the itinerant
merchant arising out of the matters described in paragraphs (1) and
(2) of subsection (a) of this section may join said itinerant
merchant and the surety on his bond in the same action, or may sue
said surety without joining said itinerant merchant in the action if
the itinerant merchant is deceased or if it is impossible to obtain
jurisdiction of his person within the state where the cause of
action arose.
applicant shall have filed with each application, and the same have
been approved by the Commission, the following insurance policies
and bonds issued by an insurance carrier or bonding company
authorized to do business within this state. In lieu of such
policies, the applicant may file the written certificate or
certificates of any insurance carrier duly authorized to do business
in this state, certifying that it has issued to, or for the benefit
of, the applicant, named as the insured therein, a policy or
policies meeting the requirements of this section as hereinafter
provided, and that said policy or policies are then in full force
and effect. Such certificate or certificates shall give the dates
of issuance and expiration of such policy or policies, and shall
designate by explicit designation or by appropriate reference all
motor vehicles covered thereby.
(1) A bond in the penal sum of Five Hundred Dollars ($500.00) in
such form as may be prescribed by the Commission for the purpose of
protecting the public against fraud, conditioned upon the delivery
of correct weights, measures, footage, or grades, if the commodities
handled by the itinerant merchant are those customarily sold by
weights, measures, footage, or grades, accurate representation as to
quality or class of such commodities, the actual payment of checks,
drafts or other obligations delivered by the itinerant merchant in
exchange for the purchase of commodities, and conditioned to pay any
judgment or judgments that may be obtained against the itinerant
merchant for civil liability arising out of the conduct of his
business, and further providing for the prompt payment of license
fees and taxes to this state or any governmental subdivision
thereof, including the matters hereinbefore specified in this
paragraph, but not including any causes of action covered by the
insurance policies described in paragraph (2) of this subsection.
Said bond shall further provide that any person dealing with said
itinerant merchant, any person using the commodities handled by him,
and any person holding checks, drafts, or other obligations, shall
have cause of action upon said bond by reason of any violation of
the terms of said bond with respect to such dealing, said
commodities, or said checks, drafts or other obligations.
(2) A liability insurance policy or bond which shall bind the
obligors to pay compensation for injuries to persons and damage to
property resulting from the negligent operation of the motor vehicle
operated under authority of the itinerant merchant's license, said
policy or bond to be conditioned to pay any sum up to Twenty-five
Thousand Dollars ($25,000.00) for personal injury to or death of one
individual, and up to Fifty Thousand Dollars ($50,000.00) for
personal injuries or deaths resulting from any single accident, and
Oklahoma Statutes - Title 47. Motor Vehicles Page 792
up to Twenty-five Thousand Dollars ($25,000.00) for damage to
property in any single accident.
e conditioned to pay any sum up to Twenty-five
Thousand Dollars ($25,000.00) for personal injury to or death of one
individual, and up to Fifty Thousand Dollars ($50,000.00) for
personal injuries or deaths resulting from any single accident, and
Oklahoma Statutes - Title 47. Motor Vehicles Page 792
up to Twenty-five Thousand Dollars ($25,000.00) for damage to
property in any single accident.
(b) Every insurance policy and bond or certificate thereof filed
with the Commission under the provisions of this act shall contain
an endorsement or provision that the same shall not be cancelled by
the obligor, shall not expire, and shall not become reduced in
amount, until thirty (30) days after notice by registered United
States mail has been sent to the Commission of the intention to
cancel the same, or that the same is to expire or is to be reduced
in amount. Upon receipt of such notice the Commission shall
immediately notify the itinerant merchant by registered United
States mail, return receipt requested, of the receipt of such
notice, and shall advise him that unless a new insurance policy or
bond is filed to replace the one to be canceled, or to expire, or to
be reduced in amount, prior to the time such cancellation,
expiration or reduction becomes effective, the license of such
itinerant merchant in connection with which said policy or bond was
issued shall be revoked at the time such cancellation, expiration or
reduction becomes effective. If a new policy or bond is not filed
or the amount of the reduction restored prior to the time such
cancellation, expiration or reduction becomes effective, the
Commission must revoke said license at said time, and licensee shall
return license and license plate to the Commission.
(c) Any person having a cause of action against the itinerant
merchant arising out of the matters described in paragraphs (1) and
(2) of subsection (a) of this section may join said itinerant
merchant and the surety on his bond in the same action, or may sue
said surety without joining said itinerant merchant in the action if
the itinerant merchant is deceased or if it is impossible to obtain
jurisdiction of his person within the state where the cause of
action arose.
Status: in_force · Read it on the official government site
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