The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-08

Section 2e. No part Of the cost Of such
insurance shall be assessed against. coll
lested from OF paid by any empioye
oeeuIon ~; II the employer be not in
sured his liability hereunder shall be
primary and direct. If he is insured his
hanihty h a be secondary and Indirect.
ana MS insurer shall be primarily and
dlrecty nable hereunder 20 the injured
emPt1ye' ms dependents OF other persons
entitled TO rights hereunder. On request
OF the commission and at every hearing
the employer snail produce and FURNISH II
WIN a copy Of his policy OF Insurance,
Shu on demand the employer shall furnish
tne injured employe, or his dependents
with the correct name and address Of his
insurer and his failure 10 do so shall be
prima tacie evidence of his failure to in
sure Both the employer n his insurer
shall be parties to an agreements or
awards Of compensation, but the same
Snal not be enforceable against the en-
pioyer, except on motion and proof OF de-
fault by the insurer Service on the EN-
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 shall also constitute the APP
pearalce of his insurer.
Section %. Every policy Of insurance
against liability under this act shall be
IN accordance with the provisions Of this
act and shall be in a form approved by
the superintendent Of the insurance de-
Bdi AlltHAs I0Utn UpHtg kldll contain an
agreement that the insurer accepts all Of
the provisions OF his act, that the same
may be enforced by any person entitled
to any rights under this act as 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 nay be obtained as in this act
provided and such covenants shall he en-
foreeable notwithstanding any default Of
the employer.
Section gg An CHARGES for Insurance
against liability under this act and
against the liability of employers reject
Z ing this act, shall be fair, reasonable and
adequate with due allowance for merit
T 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 insur-
arce department it's classification Of risks
and premium rates relating thereto with
its system OF schedule rating Tor merit
rating so-called) II any The superin-
tendent then shall hold Il hearing 10 de-
termine upon a 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
I ton becomes effective, the superintendent
shall approve or issue as far. reasonable
and adequate for all insurance carriers or
groups Of carrier. authorized by law to
transact liability or compensation lnsur-
ance business In this state, d uniform
classification Of risks and premium rates
4 relating thereto. and ma IN his discretion
! approve or issue a system OF schedule
I rating Tor merit rating ~so-called) which
shall be a uniform system OF schedule
rating Tor merit rating su-called) for all
such insurance carriers. The supei Intend
ent may subsequently approve or issue a
uniform system Of schedule rating Tor
merit rating so-called. for all insur-
] - q. - a. ..u .n ..u aAAINN.m- 90 49,
any such system previously approved or
issued after bowling a hearing 10 de-
termine Its effect upon the fairness,
reaSonableness. adequacy or unfairneSs.
unreasonableness or i~nadequacy of rates.
and may approve or issue changes in
rates or c~lassiications after holding q
hearing to determine upon the fairness.
~reasonahleness. adequacy or unfAirness.
unreasonableness or inadequacy Of such
additions or charges. No insurance car
rier or group OF carriers shall issue. renew
or carry Insurance for employers or en-
ployes as provided IN this section at pre-
MUM rates which are less han the rates
approved or issued by the superintendent
for all Insurance carriers or groups OF
.arriers as fa.r, reasonable n adequate
FOR the risk to which they respectively
apply: Provided, however. that II the
superintendent b have previously APP
proved or issued a Uniform system OF
schedule rating Cor merit rating so-called)
insurance carriers may apply the tame to
any risks subject thereto, but basio rates
no less than the rates previously APP
proved or issued by the superintendent.
| and any additions thereto or reductions
therefrom on account Of the appic cation
OF such system OF schedule rating or
(mert rating so-called) shall be clearly
SET forth in the insurance contracts or
endorsements attached thereto. ana nro-
yided. however, that nothing contained
In this section shall afect the ri.ht 81
any insurance carrier or carriers to issue
participating policies or to pay savings
or dividends actually earned or saved
OF this section as TO rates shall not apply
10 employers who provide among them
selves insurance against liability under
this act, on the reciprocal or iHter-insur-
ance plan, except that the rates fixed
by the superintendent Of insurance az
sufficient to provide for the payment OF
the compensation provided by this act,
Section 30. No insurance carrier shall
write any insurance against liability here
under unless II mali tains such reserves
as are required by law or In the absence
thereof such reserves as may he required
by the superintendent OF the insurance
department, The power TO require and
regulate which is hereby vested In said
superintendent.
Section 81 Every Insurance carrier
writing Insurance for liability hereunder,
or the liability OF employers rejecting this
act. shall report TO the superintendent Of
NV tnM eAAAN ~ TO- NAAiNANNN ~ ~ AfN'
with such rules as he may adopt. such
information as he may at any time re-
quire for the purpose Of determining the
solvency OF the carrier or the fairness,
~reasonableness and adequacy OF It's rates.
and for such purposes the superintendent
may inspect the books and records OF such
carrier and examine It's officers, agents
and servants under oath.
Section 30. For any violation Of the
provisions q this act the superintendent
- NkA tnutsrun.. -. - !. t.f 900 a.
or revoke the authority OF any Insurance
carrier to do business In this state. II
any insurance carrier fails or delays 20
pay any compensation finally determined
10 be due. the superintendent shall hear
the complaint, and N such failure Is With
out reasonable excuse he may revoke or
suspend the authority OF such carrier to
do business In this state, and In a proper
case may apply for the appointment Of
a receiver for same.
Section 80. Any employer or group Of
employers may enter into or continue any
agreement with his or their employees to
provide q system OF compensation bene-
fits or Insurance In lieu Of the compensa-
tion ard Insurance provided by this act,
Such substitute system and insurance
shall be subject to the approval Of the
superintendent OF the Insurance depart
ment aud sh9ll not be approved by him
unless they confer benefits upon injured
employees or their dependents at least
equivalent TO the benefits provided by this
act, nor n they require contributions from
employees, unless they confer benefits
in addition 10 those provided under this
act at least Commensurate With such con-
trihution. Such substitute system and in
aurance may be terminated by the super
intendent Of the insurance department on
reasonable notice aud hearing 10 the In
terested parties. n Il shall appear that
the same is not fairly administered. or n
it's operation shall disclose latent defects
threatening It's e%ofvency or n for any
other substantial reason Il falls to ac-
compliah the purposes OF this act. and In
-. IL .....nn.AN - Ahn-In-