Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-04-23

clulllS tile tnlI ly-ITSt udy Vi DeCeInl
The insurance commissioner may, VIII
ever in his judgment he deems it
necessary, demand an additional sta
ment of the affairs of any compd
transacting business in this state.
Approved February Fl, 1919.
NO. 155
AN ACT TO PROVIDE FOR Ur
FORM PROVISIONS IN POI
CIES COVERING AGAIN.
LOSS OR DAMAGE RESULTII
FROM ACCIDENTS TO OR d
JURIES SUFFERED BY 81
PLOYEES OR OTHER PE
1t is hereby enacted by the Gene
Assembly of the State of Vermont:
Section I. A policy of insuraI
covering against loss or damage
sulting from accident to, or injury 81
fered by an employee or other pers(
and for which the insured is liah
shall not be issued or delivered to
person, firm or corporation resident
or doing business in this state, ur
a copy of the form thereof has BID
filed with the insurance commissiond
and it, shall not be issued or delive1
unless approved by said commission
If said commissioner adjudges Il
such form does not comply with the !
quirements of law, he shall forthw
give written notice to the insurer W
filed such form, specifying the reaso
for his action, and it shall be unlaw
thereafter for such insurer to issue
policy in such form. The action of s:
commissioner in this regard shall
subject to review by writ of certiorz
Sec. e. Such policy shall not be
issued or delivered:
l. Unless every printed portion the
of and any endorsement or attach
papers shall be plainly printed in y
of which the face shall not be small
than ten point;
II. Unless a brief description the1
of is printed on the first page and
its filing back in type of which the Il
shall not be smaller than fourte|
point; and
III. Unless the exceptions of d
policy are printed with the same prom
hence as the benefits to which TIL
apply.
Each policy so issued and deliver
shall contain in substance the followi|
conditions
The company shall pay and satia
any judgment that may be recover
against the insured upon any claim cd
cred by this policy to the extent al
within the limits of liability assum
thereby, and shall protect the insur|
against the levy of any execution issu|
upon any such judicial judgment
claim against the insured. No limitatiI
of liability in this policy shall be val
| it, after a judgment has been renderI
against the insured in respect to his LED
liability for damages in particul|
instance, the company continues the III
| cation by an appeal or otherwise, unld
the insured shall stipulate with the COD
pany, agreeing to continue such liig
ton. =.
No action shall lie against the cor
pany to recover for any loss under I'll
policy, unless brought within one vel
after the amount of such loss is mai
certain either by judgment against 4
insured after final determination of Il
litigation or by agreement between Il
parties with the written consent of u
company.
The insolvency or bankruptcy of Il
insured shall not release the compai
from the payment of damages for \
jury sustained or loss occasioned du
ing the life of the policy, and in case
such insolvency. or bankruptcy an actit
may be maintained by the injured pc
son Cor claimant) against the compaf
under the terms of the policy. for Il
amount of any judgment obtaint
against the insured not exceeding d
limits of the policy.
Payment of any judicial judgment
claim by the insured for any of Il
company's liability hereunder shall n
bar the insured from any action or rig
of action against the company. In ca
of payment of loss and or expen
under this policy, the company shall
subrogated to all rights of the insure
against any party, as respects such 10
and or expense. to the amount of sue
payment, and the insured shall execu
all papers required and shall coopera
with the company to secure to the cor
pany such rights.
Sec. 3. Such policy shall not be
issued or delivered if it contains pr
vision contradictory, in whole or
part to any of the provisions of tn
.act; nor shall any endorsements
attached papers vary, alter, extend,
used as substitute for, or in any W;
conflict with any of the same prov
sions; such policy shall not be so issue
or delivered if it contains any prov
sion purporting to make any portion
the charter, articles of association, CO..
stitution or bylaws of the insurer a pa
Of the policy unless such portion of II
charter, articles, constitution or bylaw
shall be set forth in full in the polio
Sec. 4. The falsity of a statement
the application for policy covered
this act shall not bar the right to +
covery hereunder unless such fal
statement was made with actual intent
deceive or unless it materially affect,
either the acceptance of the risk or Il
hazard assumed by the insurer.
Sec. S. The acknowledgment by ;
insurer of the receipt of notice give
under a policy covered by this act,
the furnishing of forms for filing proc
of loss, or the acceptance of such proof
or the investigation of claim Their
under shall not operate as waiver
any of the rights of the insurer in d
Tense of a claim arising under SUE
policy.
Sec. E. An alteration of writ,
application for insurance by erasure, i
sertion or otherwise, shall not be mat
! by a person other than the applica
without his written consent, and a pc
son making such alteration without Il
consent of the applicant shall be fin,
not more than five hundred dollars.
such alteration is made by an offic
of the insurer, or by an employee
the insurer with the insurers know
edge or consent, such act shall
| deemed To have been ner fnrmed by n