§ 28-4078 — Certificate by nonresident

A. A nonresident owner of a motor vehicle that is not registered in this state may give proof of financial responsibility by filing with the director a written certificate of an insurance carrier authorized to transact business in the state in which the motor vehicle described in the certificate is registered, or if the nonresident does not own a motor vehicle, in the state in which the insured resides, if the certificate otherwise conforms with this chapter. The director shall accept the certificate on the condition that the insurance carrier complies with the following provisions with respect to the policies certified:

1. The insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in an action arising out of a motor vehicle accident in this state.

2. The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued in this state.

B. If an insurance carrier that is not authorized to transact business in this state and that is qualified to furnish proof of financial responsibility defaults in any such undertaking or agreement, the director shall not accept a certificate of the carrier as proof whether filed before the default or tendered as proof after the default, as long as the default continues.