The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-22

insurance snail De assessed against, COLI
lected from or paid by any employe.
Section "a: IL the employer be not in
snred his liability hereunder shall be
primary and direct, II he is insured, hts
liability shan be secondary and indirect,
and his insurer shall be primarily and
directly liable hereunder 10 the Injured
employs, his dependents or other persons
entitled 10 rights hereunder. On request
OF the commission and at every hearing
the employer shall produce and furnish ID
with q copy Of his policy OF insurance,
and on 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 so shall be
prima Iacle evidence OF his failure 10 in
sure; Both the employer and his insurer
snail be parties to al agreements or
awards OF compensation, but the same
shalt pot be enforceable against the em-
ployer, except on motion and proof OF de-
tauit by tbs insurer. Service on the em-
ployer shall 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 hail also constitute the APP
p%earance OF his insurer.
Section rs. Every policy OF insurance
against liability under this act shall be
n accordance with the provisions OF this
act and shall be in a form approved 10y
The superintendent OF the insurance de-
partment. UGH policy shall contain an
agreement that the insurer accepts all Of
the plpNiHlOHS Oh Anlh hcNt Nldl the Nd ne
may be enforced by any person entitled
to any rights under this act as well rs
by the employer. that the insurer shall he
a party TO all agreements or proceedin e
under this act, and his appearance may
be entered therein and jurisdiction over
his person may be obtained as In this act
provided aud such covenants shah lie efi-
torce..Lle Notwithstanding any default OF
the employer.
section 20 An charges for insurance
against liability under this act and
against the liability Of employers reject
ing this act, shall be fair, reasonable aid
adequate with due allowance for mtftt
rating. Every insurance carrier or group
Of carriers authorized TO insure against
liability under thiss act, shall within thirty
days after this section becomes enective,
die with the superintendent OF the insur-
auce department itH classification OF RISKS
and premium rates relating thereto with
its system OF schedule rating cor merit
rating s0-called) II any. The supefin-
teDdent then shall hold a nearing 20 de-
ternine upo a uniform CLASSIFICATION OF
risks and premium rates relating thereto.
and in his discretion a uniform system OF
schedule rating Tor merit rating 30
called). Within sixty days after this sec
ton becomes effective the Superintendent
shall approve or issue A. fair. rcasnnahle
and adequate for all INSURANCE carriers or
groups Of carrier, authorized by Jaw 70
transact liability or compensation instir-
nee business In this state, q unifo.m
classification Of risks and premium n. es
relating thereto. and may Ia hjs discretion
approve or issue q system Of sehedIle
rating Tor merit rating so-called) VIII IN
shall be a uniform system OF scheduie
rating Tor merit rating s~O-called) Tor all
such insurance carriers. Tint superinteld-
emf may subsequently, approve or i,sue a
uniform system OF schedule rating lor
merit rating so-called. for all instr
ance carriers, or may modify or change
any such system previously approved or
I 1--..Al afenN haIatnn q haQrfnp IN IA-
termine its effect upon the fairness
reasonableness. adequacy or unfairness,
u~nreasonableness or inadequacy Of rates.
and may approve OF issue CHANGES IN
rates or classifications after holding a
hearing 10 determine upon the fairness,
reasonableness, adequacy or unfalfness'
unreasonableness or i~nadeduafy OF sich
additions or charges. No Insurance car
rier or group OF carriers shail issue' rene"
or carry insurance for employers or EN-
ployes as provided in this section az pre-
MUM rates which are less than the rates
approved OF issued by the superintendent
for all Insurance carriers or groups Of
carriers as far, reasonable and adequate
for the risk to which they respectively
Amply: Provided. however. thai II the
superintendent shall have previously ap-
proved or issued a uniform system o.
schedule rating Tor merit rating so-caledl
Insurance carriers may apply the same e
any risks subject thereto, but basic rates
no less than the rates previously ap'
proved or issued by the superintendent
and any additions thereto or reduction'
therefrom on account Of the application
of such system OF schedule rating ol
INERT rating so-caIed) shall be clearly
set forth in the insurance contracts q
endorsements attached thereto and pro.
vide however. that nothing contalrei
in this section shall Affect the risht o
any insurance carrier or carriers to issu'
participating policies or to pay saving
or dividends actually earned or saved
and provided further, that the nroNisioni
Of this section as TO rates shall not appll
to employers who provide among them
selves Insurance against liability unde
this act, on the reciprocal or inter-insur
ance plan, except that the rates DAe'
by the superintendent OF insurance a
sufficient TO provide for the payment o
the compensation provided by this act.
Section 80. No Insurance carrier shal
write any insurance against liability here
under unless n maintains such reserve
"a are required by law or in the absence
thereof such reserves as may be requlre'
by the superintendent OF the insurance
department, the power to require AM
regulate which is hereby vested In salt
Section 81. Every insurance carrie
writing Insurance. for liability hereunder
or the liability OF employers rejecting thi
act, shall report 10 the superintendent o
the insurance department, In accordance
with such rules AZ he may Edopt, Fucl
Information as he may az m time re
ouire for the purpose OF determining III
sol yency OF the carrier or the fairness
reasonableneas and adequacy OF us rates
and for such purposes the superintendent
may inspect the books and records of sue
carrier and examine Its Officers agent
M servants under oath.
Section 81. For any violation OF IN
provisions OF this act the superintendent
Of the insurance department may suspen
or revoke the authority Of any INSURANCE
carrier TO do business In. this state, !
any insurance carrier fails or delays l
pay any compensation finally determine
to be due, the superintendent snail hea
the COMPLAINT. and II such failure IL with
out reasonable excuse he may revoke o
suspend the authority OF such carrier I
do business In this state, and IN a prope
case may apply for the appointment O
a receiver for same.
Section 90 ANY employer or group Q
, employers may enter into or continue an
agreement with his or their employees 7
nrovide a system Of compensation bene
+, Ats or Insurance in lieu Of the compensa
ton and insurance provided by TINS &C
Such substitute system ana INSURANCE
shall be subject 10 the approval OF IN
Z superintendent Of the insurance depart
ment aud shah not be approved py MI
, unless they confer benefits upo in1ure
I enDloyes or their dependents al leas
. emiivalent 10 the benefits provided ny TIL
/. act. nor n they require contributions froi
I employes. unless they confer 9enent
, In addition to those provided under TN
, ACT al least commensurate with such con
! trihution. Such substitute system and IN
I surance may be terminated by the super
: i~ntendent Of the insurance department Q
4 reasonable notice and nearing 20 the w
= terested parties, II 4 shall appear thn
! the same IL not fairly administered, or
I its operation shall disclose latent defec'
threatening it's solvency or II for an
! other substantial reason falls 70 ae
complsh the purposes OF TINS aet' ana !
I his case the superintendent q me y