Evening capital news. (Boise, Idaho) 1901-1927, 1917-10-28
OPINION BLOW
TO COMPANIES
IN This STATE
CONTINUED from page three,

dent board. When such an award is
made, any party in interest may file
certified copy thereof in the district
court of the state, and the district
court shall thereupon render a decree
or Judgment in accordance with the
award. This decree OF Judgment ne
cessarily would be rendered against
the employer unless provisions of some
sort is made whereby the surety also Is
made party to the judgment. Such
stipulation undoubtedly could be in
serted in the bond or contract. Before
accepting a surety bond or contract
the board undoubtedly has the right
70 require that the surety stipulate
therein that it may be entered with the
employer as q joint and several judg-
ment debtor in any decree or judg-
ment rendered in the district court.
Section 70 of the act provides that the
surety shall be bound by decisions
judgments or awards rendered against
the employer. Such a provision, how
ever, hardly is broad enough 70 auth
orize a district court in rendering q
record Judgment against the surety
unless an express stipulation to that
effect has heretofore been made. Once
q Judgment is rendered against the
surety, 1t undoubtedly would be paid
II the company is at all responsible.
FOR BENEFIT EMPLOYEES.
Should a situation ever arise where
1t became necessary for an action to
be instituted in the district court on
the surety company's bond, such an
action would be instituted by the in
1ured employee. Although the bond or
contract win run to the state, 1t will be
for the benefit Of the employees; and it
is q well established rule of law that
the beneficiary under a contract may
bring suit thereon In his own name
although not party thereto. When
en- employee IL injured and hospital at
tendance, medical aid and compensa-
ton are refused, the employee in the
first instance brings his claim before
the industrial accident board. As stat
ed above, the award Of the board may
be put on record as a Judgment in the
district court. II in any given case the
surety company pays the award, 1t of
course has recourse against the en-
ployer. This, however. is a matter in
which neither the state nor the en-
ploye is interested.
Your last question Is as follows:
Under the Idaho insurance law, can
any insurance company authorized to
DO a surety or guaranty business also
under the authorization to write such
surety or guaranty business. do a
work mans compensation liability busi-
ness?
MUST HAVE LICENSE.
We gather from this question that
you desire our opinion as to whether
or not the ordinary surety company
which has complied with the provisions
of the insurance code and is authorized
to do a surety and guaranty business
In the state of Idaho, may write liza
bility contracts without a special Ii
cense therefor. As a general PROPOSE
ton surety company is not an in
surance company, and any surety COM
pany which desires to write accident
insurance, would be required to comply
with the provisions Of our law gov
erning accident and casualty insur-
ance companies. The provisions Of the
insurance law relative to capital, sur
plus, maximum risks, forms Of policy,
etc, are not the same for surety com
panies as accident companies, and con-
sequently surety company which