Proof of Property Permit or Certificate of Public Convenience and Necessity (Georgia Automobile Insurance Law-Frank E. Jenkins III and Wallace Miller III) In an action against a motor carriers insurer, the injured party must prove that the motor carrier is subject to the direct action statutory provisions and the regulations of the Georgia Public Service Commission or state revenue commissioner, depending on the specific status of the motor carrier in question. A prima facie case is established by showing that the carrier in question. A prima facie case is established by showing that the carrier meets the general definition of motor common carrier or motor contract carrier. The burden then shifts to the motor carrier to establish that its activities fall within one of the specific statutory exemptions. Ideally, a plaintiff proceeding against the liability insurer of a motor carrier should allege and prove the existense of the motor carriers property permit or certificate of public convenience and necessity as part of the direct cause of action against the insurer.
Posted on: Tue, 05 Nov 2013 16:34:28 +0000
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