77-7-91 - Actions against motor carriers and sureties.
§ 77-7-91. Actions against motor carriers and sureties.
In any action, whether in law or equity, against any motor carrier operating under the provisions of this chapter, whether such carrier is a common carrier, restricted motor carrier, contract carrier or an interstate carrier, the insurer, insurance company or obligor in the policy of insurance or bond given by such carrier in compliance with this chapter shall not be joined as a party to such suit and shall not be a proper party thereto except as hereinafter provided.
The insurer, insurance company or obligor, in any policy of insurance or bond filed in compliance with this chapter, shall be obligated to pay any final judgment obtained against any such carrier as provided in Sections 77-7-83 through 77-7-87, regardless of the solvency, insolvency, bankruptcy or receivership of such carrier.
In the event the insured shall abandon his permit or certificate and leave the state, a claimant asserting a claim within the provisions of said bond or policy may file suit against the sureties executing such bond or company issuing such policy in a court of competent jurisdiction without the necessity of making the insured a party to the said suit.
Sources: Codes, 1942, § 7654; Laws, 1938, ch. 142; Laws, 1958, ch. 507; Laws, 1968, ch. 533, § 1; Laws, 1995, ch. 338, § 6, eff from and after passage (approved March 10, 1995).