Mexico weekly ledger., 1920-10-07

business tSs, | ns, shall BE- required to insure only
Section 20. No part OF the cost Of such
insurance shall be assessed against, col
iee,ed from or paid by any employe.
section ~, II the employer be not In
primary and direct. II he Is insured, his
liability shall be secondary and Indirect,
and his insurer h be primarily and
alreetly liable hereunder to the injured
employe, his dependents or other persons
entitled to rights hereunder. On request
OF the commission and at every hearing
the employer shall produce and furnish It
with a copy OF his policy of insurance,
ana or, demand the employer shall furnish
the Injured employe. or his dependents,
with the correct name and address Of his
insurer: and his failure to do 80 shall be
prima facie evidence Of his failure to in
shall be parties to all agreements or
awards of compensation, but the same
shall not be enforceable against the en-
ployer, except on motion and proof OF de-
ployer h be sufficient to give the
commission Jurisdiction over the person
Of both the employer and his insurer. and
the appearance OF the employer in any
proceeding shall also constitute the ap-
pearance of his insurer.
Section 2S. Every policy Of insurance
against liability under this act shall be
In accordance with the provisions Of this
- "aN t'hA ~ hA - va hiPhofC ~
the superintendent of the insurance de-
partment. Such policy shall contain an
agreement that the insurer accepts all Of
the provisions OF this act. that the same
may be enforced by any person entitled
to any rights under this act rs well as
by the employer. that the insurer shall be
a party to all agreements or proceedings
under this act, and his appearance may
be entered therein and jurisdiction over
his person may be obtained as In this act
provided, and such covenants shall be en-
forceable Notwithstanding any default of
the employer.
Section 20. All charges for insurance
against liability under this act and
against the liability Of employers reject
ing this act shall be fair, reasonable and
adequate with due allowance for merit
rating. Every insurance carrier or group
Of carriers authorized TO insure against
liability under this act, shall within thirty
days after this section becomes effective,
file with the superintendent OF the lnsur-
auce department its classification Of risks
and premium rates relating thereto with
its system Of schedule rating Cor merit
rating so-called) II any. The superin-
tendent then shall hold a hearing to dc.
termine upon n uniform classification OF
risks and premium rates relating thereto.
and In his discretion a uniform system OF
schedule rating Tor merit rating So
called). Within sixty days after this sec
ton becomes effective, the superintendent
shall approve or issue as fair. reasonable
and adequate for all insurance carriers or
groups Of carrier, authorized by law 10
transact liability or compensation lnsur-
ance business In this state, a uniform
classification OF risks and premium rates
relating thereto, and MAJ in his discretion
approve or issue a system Of schedule
rating Tor merit rating So-caled) when
shall be n uniform system OF scheduio
rating Tor merit rating so-called) for all
such Insurance carriers. The siiperintenu-
ent may subsequently approve or issue n
uniform system OF schedule rating Cor
merit rating so-called, for all insur-
| nnce carriers, or nay modify or change
any such system previously approved or
issued after holding n hearing 70 de-
termiue It's effect upon tho fairness
roasonahleness, adequacy or untairness
unreasOnableness or tpadequacy OF rates
aud may approve or issue changes VI
rates or classiications after holding 9
hearing to determine upon the fairness
reasouableness, adequacy or unfalrncss
| unreasonableness or i~nadequacy OF sucf
additions or charges. No insurance car
rier or group Of carriers shall issue, renew
or carry insurance for employers or EN-
/ ploycs as provided In this section at pre-
MUM rates which are less thar the rate
approved or Issued by the superintendent
for all Insurance carriers or groups Q
carriers as fair. reasonable and ADEQUATE
for the risk 10 which they respectivo!!
amply; Provided, however. that IN
superintendent shall have previously ap
proved or issued n uniform system, Q
schedule rating Cor merit rating So-called
insurance carriers may apply the same l
any risks subject thereto. but basic rAte
no less than the rates previously ap
proved or issued by the superintendent
and any additions thereto or rGnuctlon
therefrom on account OF the appnca'io
Of such system of schcduIe, fatlns 9
fmeTit rating Hu-Cailed) shall be clearl
sci forth in the insurance contracts G
endorsements attached thereto; and pro
Vided, oweveT that nothing contalhe
III this section shah anect me rlgnt $
any Insurance carrier or carriers to lesu
participating policies or to pay saving
or dividends actually earned or saved
and provided further. that tho provision
OF his section as to rates shall not app
to employers who provide among them
selves insurance against liability unde
this act, on the reciprocal or inter-insuI
ance plan, except that the rates nNe
bv the superintendent OF insurance q
Rufficlent 10 provide for the payment {
the compensation provided by mis- act.
Section 80. No Insurance carrier ,sha
write any insurance against liability mere
under unless It maintains such reserve
as are required by law or IN the absene
thereof such reserves az may he require
nv the superintendent OF the lnsurant
department, the power 10 rel1'T re- sni
regulate which 10 hefeDy NeSleu III e"i
Section 81. Every insurance carrie
writing insurance for liability hereunde
or the liability OF employers re1ecIihs W
the insurance department, In aceordant
with such rules as he may adopt. SUI
: information AS he may az any ,ume ~
quIre for the purpose, OF determhRlns u
!, r~easonableness and adequacy OF us Tate
} and for such urpos the superintende
NAV Inspect the books and records OF sue
carrier and eXamin its. oitlcers' aSeh
and servants under oath, 4,
, Section 80. For any violation OF VI
: provisions OF this act the superintende
!; Of h insurance department may suspef
or revoke the authority of any insuran'
carrier to do business in this state.
= any insurance carrier rams or uelays
q nav any compensation finally determlh'
10 he due. the superintendent shall he
: tho complaint, and II such failure Is Wit
4 oTt reasonable excuse he may revoke
suspend the authority OF such carrier
e do business in this state, and IN a prop
case may apply for the appointment
o a receiver for same.
I Section SO. Any employer or group
. emnloyers may enter into or continue IL
Y agreement with his or their employees
: nrovide n system OF compensation pen
[ Ais or insurance In lieu OF the compens
q tion and insurance provided by this a.
SHch substitute system n fnsuran
t, shall be subject to the approval or !
o Superintendent Of the insurance 1epaI
Il ment and shall not be approved y. NJ
o unless they confer penem.S upo 81 paa
e enuivalent to the benefits provided by u
N oct nor IL they require contribution lfS
II employees, unless they CONFER pehe,
d in addition to those provided under u
n act at least ommehs9fni g wls ! saS and II /
II s,,rance may be terminated by the sup'
T. tntendent Of the insurance department
Is reasonable notice ana nearing 10 tne
l. terested parties, II It shall appear u
II the same is not l 4 syo COMPLEMENTARY IasSnt aefe,
threatening its solvency or II TOT q
II other substantial reason 1t. fails TO .