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22.2002 Certificate of insurance.

Cite as [A.S.C.A. § 22.2002]

In order to control and regulate travel on the public highways and to provide for the public safety, effective 1 July 1967, no vehicle may be or continue to be registered in the name of any person unless that person files with the Director of Administrative Services a certificate of insurance consistent with the requirements of 22.1001 et seq., or, in lieu thereof, a bond as provided by 22.2016. The certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered thereby.

History: 1972, PL 12-65 § 1.

Case Notes:

Safety purposes of this statute is at best obscure. Sam v. Jennings, ASR (1979).

Section is part of statutory scheme intended to ensure recovery in tort for victims injured by drivers who could not afford to pay damages. Amount to be recovered against defendants not to exceed amount that would have been covered by insurance had defendant not breached its statutory duty to provide insurance. Foma’i v. Samana, 4 A.S.R.2.d 102 (1987).

Rental company that allowed its automobile to be operated on the highway without insurance required by law was liable for damages suffered by person injured by negligent driver of company’s automobile, up to the amount that would have been covered by insurance if the rental company had not breached its statutory duty to provide insurance. A.S.C.A. §§ 22.1001, 22.1002-03. Foma’i v. Samana, 4 A.S.R.2d 102 (1987).

Statute requiring the owner of a vehicle to purchase and maintain liability insurance for losses inflicted by any person using his vehicle, and related statutes forbidding the operation of uninsured vehicles on the public highway and giving an inured person the right to bring direct action against the insurer, were intended by drivers who could not afford to pay damages. A.S.C.A. §§22.1001, 22.2002-03. Foma’i v. Samana, 4 A.S.R.2d 102 (1987).