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

 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 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.
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