Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23

to the flrSt day OF March. tor the year
ending the thirty-tirst day of December.
The insurance commissioner may. when-
ever i'll his judgment he deems it is
necessary, demand an additional state,
ment of the affairs of any company!
transacting business in this state.
Approved February 81, 1910.
NO. 155
AN ACT TO PROVIDE FOR UNI
FORM PROVISIONS IN POLI-J
CIES COVERING AGAINST!
LOSS OR DAMAGE RESULTING
FROM ACCIDENTS TO OR M
JURIES SUFFERED BY EM-'
PLOYEES OR OTHER PERI
SONS.
1t is hereby enacted by the GeneraN
Assembly of the State of Vermont:
Section I. A policy of insurancei
covering against loss or damage re-
sulting from accident to, or injury suf-'
fered by an employee or other person,
and for which the insured is liable
shall not be issued or delivered to al
person. firm or corporation resident of. !
or doing business in this state, until
a copy of the form thereof has been
filed with the insurance commissioner Il
and it shall not be issued or delivered1
unless approved by said commissioner. /
If said commissioner adjudges that
such form does not comply with the re-
quirements of law, he shall forthwith
give written notice to the insurer who
filed such form, specifying the reasons
for his action, and it shall be unlawful
thereafter for such insurer to issue a
policy in such form. The action of said
commissioner in this regard shall be
subject to review by writ of certiorari.
Sec. g. Such policy shall not be so
Issued or delivered:
!. Unless every printed portion there
of and any endorsement or attached
papers shall be plainly printed in type
of which the face shall not be smaller
than ten point;
II. Unless brief description there
of is printed on the first page and OH
its filing back in type of which the face
shall not be smaller than fourteen
point; and
III. Unless the exceptions of the
policy are printed with the same promi-
nence as the benefits to which they
apply.
Each policy so issued and deliveredl
shall contain in substance the following
conditions:
The company shall pay and satisfy
any judgment that may be recovered
against the insured upon any claim COW
cred by this policy to the extent and
within the limits of liability assumed
thereby, and shall protect the insured
against the levy of any execution issued
upon any such judicial judgment or
claim against the insured. No limitation
of liability i'll this policy shall be valid
if. after a Judgment has been rendered
against the insured in respect to his legal
liability for damages in a particular
the company continues the liti-
CATION by an appeal or otherwise, unlessi
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 this
policy, unless brought within one year
after the amount of such loss is made
certain either by judgment against the
insured after final determination of the
litigation or by agreement between the,
parties with the written consent of the
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 all action
may be maintained by the injured per-
son Cor claimant) against the company
Under the terms of the policy, for the
AMOUNT of any Judgment obtained
against the insured not exceeding the
limits of the policy
Payment of any judicial judgment or
lain by the insured for any of the
liability hereunder shall not
oar the insured from any action or right
If action against the company. In case
If payment of loss and or expense
1nder this policy, the company shall be
ubrogatcd to all rights of the insured
lgainst any party, as respects such loss
md or expense. to the amount of such
payment, and the insured shall execute
III papers required and shall cooperate
With the company to secure to the CONF
,any such rights
Sec. g. Such policy shall not be so
ssued or delivered if it contains pro-
'ision contradictory, i'll whole or in
'art to any of the provisions of this
ct; nor shall any endorsements or
ttachcd papers vary. alter, extend, be
Ised as a substitute for, or i'll any way
onflict with any of the same provi-
ions; suclr policy shall not be so issued
n delivered if it contains any provi-
ion purporting to make any portion of
he charter, articles of association, con-
titution or bylaws of the insurer part
f the policy unless such portion of the
barter. articles, constitution or bylaws
hall be set forth in full in the policy.
Sec. T. The falsity of statement in
he application for policy covered by
his act shall not bar the right to re-
overy Hereunder unless such false
tatement was made with actual intent to
eceive or unless it materially affected
ither the acceptance of the risk or the
azard assumed by the insurer
Sec. S. The acknowledgment by an
1surer of the receipt of notice given
nder policy covered by this act, or
ne furnishing of forms for filing proofs
f loss, or the acceptance of such proofs,
r the investigation of claim there
nder shall not operate as waiver of
ny of the rights of the insurer in de-
ense of a claim arising under such
olicy.
Sec. E. An alteration of written
pplication for insurance by erasure. in
ertion or otherwise, shall not be made
y person other than the applicant
'ithout his written consent, and a per-
Oh making such alteration without the
onsent of the applicant shall be fined
ot moro thar, five hundred dollarc IF