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49 U.S.C. § 44308Administrative

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 405 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may run this chapter's insurance program using normal aviation-insurance business practices. The Secretary can issue policies, settle claims, and hire an insurance carrier as an underwriting agent to help. The Secretary must also submit an annual budget and keep accounts for audit.

(a) Commercial Practices. The Secretary of Transportation may run this chapter consistent with commercial aviation-insurance business practices. (b) Issuance of Policies and Disposition of Claims. (1) The Secretary may issue insurance policies to carry out this chapter, and set their forms, insured amounts, and premiums. A policy may allow binding arbitration of claims, in whatever way the Secretary and any responsible commercial insurer agree. The Secretary may change an existing policy's insured amount or premium only with the insured party's consent. (2) For a claim under insurance this chapter authorizes, the Secretary may: (A) settle and pay a claim made for or against the U.S. Government; (B) pay a binding arbitration award made under paragraph (1); and (C) pay a court judgment against the Government. (c) Underwriting Agent. (1) The Secretary may — and when practical, must — hire an insurance carrier or group of carriers as an underwriting agent. The Secretary may use that agent, or an independent claims adjuster, to adjust claims under this chapter, but only the Secretary may approve paying a claim. (2) The Secretary may pay the underwriting agent reasonable compensation, including reasonable expenses, for servicing the Secretary's insurance. But this may not include paying the agent to stimulate or solicit insurance business. (3) Except as this subsection allows, the Secretary may not pay an insurance broker or similar person to arrange insurance when the Secretary directly insures part of the risk. (d) Budget. The Secretary must submit an annual budget program for this chapter, the same way wholly-owned government corporations do under chapter 91 of title 31. (e) Accounts. The Secretary must keep accounts for audit under chapter 35 of title 31. Despite chapter 35, the Comptroller General must allow credit for expenditures under this chapter that follow commercial aviation-insurance practices, when shown to be necessary for this chapter's authorized business.
the actual law source: uscode.house.gov ↗public domain
(a)Commercial Practices.—

The Secretary of Transportation may carry out this chapter consistent with commercial practices of the aviation insurance business.

(b)Issuance of Policies and Disposition of Claims.—
(1)

The Secretary may issue insurance policies to carry out this chapter. The Secretary may prescribe the forms, amounts insured under the policies, and premiums charged. Any such policy may authorize the binding arbitration of claims made thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a loss to which such policy relates. The Secretary may change an amount of insurance or a premium for an existing policy only with the consent of the insured.

(2)

For a claim under insurance authorized by this chapter, the Secretary may—

(A)

settle and pay the claim made for or against the United States Government;

(B)

pay the amount of a binding arbitration award made under paragraph (1); and

(C)

pay the amount of a judgment entered against the Government.

(c)Underwriting Agent.—
(1)

The Secretary may, and when practical shall, employ an insurance carrier or group of insurance carriers to act as an underwriting agent. The Secretary may use the agent, or a claims adjuster who is independent of the underwriting agent, to adjust claims under this chapter, but claims may be paid only when approved by the Secretary.

(2)

The Secretary may pay reasonable compensation to an underwriting agent for servicing insurance the agent writes for the Secretary. Compensation may include payment for reasonable expenses incurred by the agent but may not include a payment by the agent for stimulation or solicitation of insurance business.

(3)

Except as provided by this subsection, the Secretary may not pay an insurance broker or other person acting in a similar capacity any consideration for arranging insurance when the Secretary directly insures any part of the risk.

(d)Budget.—

The Secretary shall submit annually a budget program for carrying out this chapter as provided for wholly owned Government corporations under chapter 91 of title 31.

(e)Accounts.—

The Secretary shall maintain a set of accounts for audit under chapter 35 of title 31. Notwithstanding chapter 35, the Comptroller General shall allow credit for expenditures under this chapter made consistent with commercial practices in the aviation insurance business when shown to be necessary because of the business activities authorized by this chapter.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1171; Pub. L. 104–316, title I, § 127(e), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–137, § 4, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 112–95, title VII, § 704, Feb. 14, 2012, 126 Stat. 118.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1171
  • 1996Amended · Pub. L. 104-316 · 110 Stat. 3840
  • 1997Amended · Pub. L. 105-137 · 111 Stat. 2640
  • 2012Amended · Pub. L. 112-95 · 126 Stat. 118

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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