The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1919-04-24

z ever w ms thNsfncnt nc deems " fG]
necessary, demand an additional stssc-
/ meni OF the affairs Of any conpsnNl
! ,ransacting business IN this state.
: Approved February al, 1910
NO. 1855
AN ACT TO PROVIDE FOR Mr-I
FORM PROVISIONS IN POLL Z
cIES COVERING ACsArNS IN
| LOSS OR DAMAGE RESUL TlNU
/ FROM ACCIDENTS TO OR N4
| JuRIES SUFFERED BY KM-
| PLoYEES OR OTHER PER-(
/ SONS,
I II is hereby enacted by the GensaN
Assembly OF the State Of vcrmonti
i Section l. A policy Of insurance.
covering against loss or damage rel
sulting from accident TO. or injury suf.l
fered by an employee or othrr person,l
and for which the insured is liable,
shall not be issued or delivered to a
person, firm or corporation resident OIL
or doing business in this state, until
copy Of the form thereof has becr1
| filed with the insurance commissioner :
and il shall not be issued or delivered
unless approved by said commissioned
II said commissioner adjudgcs thaN
such form does not comply with the red
quirements OF law, he shall forthwith
give written notice TO the insurer whod
filed such form. specifying the reason1
for his action, and II shall be unlawful
thereafter for such insurer TO Issue n
policy in such form. The action OF said
commissioner in this regard shall bel
subject to review by writ Of ccftiorzril
Sec. a. Such policy shall not he su
issued or delivered:
l. Unless every printed portion thcse-}
OF and any endorsement, or sttached
papers shall be plainly printed In typol
of which the face shall not be smalIcri
than ten point,
II Unless brief description there
Of is printed on the first page and on
its filing back in type OF which the face
shall not be smaller than fourtceb
point and
III Unless the exceptions OF tho
policy are printed with the same prom-l
hence as the benefits to which they
apply.
Each policy so issued and delivered
shall contain in substance the followinH
conditions
The company shall pay and satisfy
any judgment that may be recovered
against the insured upon any claim COW
cred by this policy 10 the extent andN
within the limits of liability assumed
thereby, and shall protect the insured
against the levy of any execution issued
upon any such judicial judgment orr
claim against the insured No limitation
of liability in this policy shall be valid
If, after a judgment has been rendered.
against the insured in respect tp his Legal
liability for damages in PARTICULAR
instance, the company continues the liti-
cation by an appeal or otherwise, unlcssl
the insured shall stipulate with the COM
pany agreeing TO continue such litiga-
ton.
No action shall lie against the COM,
pany to recover for any loss under thisl
policy, unless brought within one year
after the amount of such loss ID madcI
certain either by judgment against theI
insured after final determination OF tho
litigation or by agreement between thej
parties with the written consent Of the
company
The insolvency or bankruptcy OF the
insured shall not release the company
from the payment Of damages for IN
Jury sustained or loss occasioned DUR
ing the life of the policy. and in case Of
such insolvency or bankruptcy an action
may be maintained by the injured per-
son (or claimant) against the cornpanyi
indcr the terms Of the policy, for thoj
imount of any judgment obtained
against the insured not exceeding tho
limits Of the policy.
Payment Of any judicial judgment or
lain by the insured for any of tho
liability hereunder shall not
,ar the insured from any action or right
II action against the company In case
4 payment Of loss and or expense
lnder this policy, the company shall be-
ubrogated to all rights Of the insured
ganst any party. as respects such loss
nd or expense, 10 the amount OF such
ayn1ent, and the insured shall execute
II papers required and shall cooperate
With the company 10 secure To the COM
any such rights.
Sec. g. Such policy shall not be 80
isucd or delivered II il contains pro-
ision contradictory, in whole or IN
art to any Of the provisions Of this
Ct; nor shall any endorsements or
uached papers vary, alter, extend, 10
sed as substitute for, or in any way
onhict with any Of the same provi-
ons, such policy shall not be 80 issued
+ delivered II il contains any proyi-
on pnrporting TO make any portion OF
le charter, articles Of association, con-
tuition or bylaws OF the insurer part
the policy unless such portion of the
iarier. articles, constitution or bylaws
lall be set forth in full in the policy.
Sec 4 The falsity Of statement in
e application for policy covered by
lis act shall not bar the right to re-.
very hereunder unless such false
atement was made with actual intent 70
.ceive or unless il materially affected
Their the acceptance Of the risk Or the
yard assumed BY the insurer
Sec. 6. The acknowledgment by an
surer OF the receipt ~ notice given
der a policy covered by this act, or
: furnishing Of forms for filing proofs
loss. or the acceptance " such proofs,
the investigation 81 claim there
der shall not operate as waiver 81
y OF the rights Of the insurer in de-
use Of claim arising under such
Icy.
Sec. & An alteration Of a written
Dlicafion for insurance by crasure, IN
ton or otherwise, shall not he made
person other than The applicant
houi his written consent, and per-
making such alteration without the
sent of the applicant shall be fined
more than five hundred dollars II
b alteration Ii made BY an officer
the insurer, or BY an employee Of
insurer with the insurers knogl-
e or consent. such aet shall be
med 10 have been performed by the
irer thereafter issuing the policy
n such altered application