75-57-49 - Financial responsibility requirements; issuance and duration of permits.
§ 75-57-49. Financial responsibility requirements; issuance and duration of permits.
Before any person shall be granted a permit to, or shall engage in or continue in the business of the distributing, either wholesale or retail, installing, altering, extending, changing or repairing of any liquefied compressed gas system, appliance or container, or in the business of distributing and selling liquefied compressed gas, either at wholesale or retail, whether from trucks or other vessels, in cylinders or in any other manner, such person shall satisfy the State Liquefied Compressed Gas Board that he or she is financially responsible; and this provision as to financial responsibility shall be met by such person by filing with the State Liquefied Compressed Gas Board evidence that he or she has in force such of the hereinafter listed insurance policies on standard contract forms and written by an insurance company, or companies, qualified to do business in the State of Mississippi, as the State Liquefied Compressed Gas Board shall require, based upon those activities listed above in which such person is engaged, to wit:
ANY PERSON THAT ENGAGES IN FILLING CYLINDERS AND MOTOR FUEL TANKS WITH LIQUEFIED COMPRESSED GAS ON THEIR PREMISES OR ANY PERSON WHO IS IN THE BUSINESS OF INSTALLING LC GAS CARBURETION OR APPLIANCES:
Limits of Liability
Each
Occasion Aggregate
Manufacturers and Contractors
Public liability $100,000 $300,000
Products liability $100,000 $300,000
Workers' Compensation and
Employers' Liability
Insurance State Statute
ANY PERSON THAT ENGAGES IN ANY PHASE OF THE LIQUEFIED COMPRESSED GAS BUSINESS OTHER THAN CYLINDER FILLING LOCATIONS:
Each Each Damage Each
Person Accident Accident
Automobile public liability $500,000 $1,000,000 $1,000,000
Each
Occasion Aggregate
Manufacturers and Contractors
Public liability $1,000,000 $1,000,000
Products liability $1,000,000 $1,000,000
Workers' Compensation and
Employers' Liability
Insurance State
Statute
The State Liquefied Compressed Gas Board shall not require insurance coverage as specified above unless the hazard of liquefied compressed gases is involved.
No policy issued under the provisions of this chapter may be cancelled before thirty (30) days from the date of receipt by the Commissioner of Insurance of written notice of intention to cancel such policy.
It is expressly provided, however, that in lieu of filing with the State Liquefied Compressed Gas Board evidence that such insurance, as outlined above, is in force, any such person may file with the State Liquefied Compressed Gas Board a good and sufficient surety bond executed by a surety company licensed to do business in this state in the amount of One Million Dollars ($1,000,000.00), which said bond shall be payable to the State of Mississippi and shall be conditioned to guarantee the payment of all damages which proximately result from any act of negligence on the part of such person, or their agents or employees, while engaged in any of the activities herein specified. In lieu of such surety bond, any such person may execute and file a good and sufficient personal bond in the amount and conditioned as specified above, which said personal bond shall be secured by bonds or other obligations of the State of Mississippi or the United States Government, of equal value.
Upon compliance with the provisions of this section, where such compliance is required, and upon compliance with all other provisions of this chapter, the State Liquefied Compressed Gas Board shall issue to such dealer a permit to engage in such business, but not before. All such permits shall be valid until voluntarily surrendered, or until suspended, revoked or cancelled by the State Liquefied Compressed Gas Board, the Commissioner of Insurance or the chancery or circuit court. All permits issued under the provisions of Chapter 170, Laws of 1940, as amended, or Chapter 265, Laws of 1946, shall remain in full force and effect until the expiration date thereof at which time they must be renewed under the terms and conditions of this chapter.
Sources: Codes, 1942, § 5104-21; Laws, 1940, ch. 170, 1942, ch. 244; Laws, 1946, ch. 265, § 16; Laws, 1948, ch. 317, § 21; Laws, 1950, ch. 475, § 8; Laws, 1952, ch. 346, § 13; Laws, 1960, ch. 405, § 7; Laws, 1980, ch. 416, § 12; Laws, 1980, ch. 561, § 36; Laws, 1982, ch. 408, § 12; Laws, 1982, ch. 437, § 6; Laws, 1991, ch. 442, § 5; Laws, 1995, ch. 475, § 19, eff from and after July 1, 1995.