Mexico weekly ledger., 1920-10-14

paul W hUy NWDlOYe.
section q: II the employer be not In
,ured his liability hereunder shaH be
,alnary and direct. II he is Insured. his
ad hhhy y De secondary and indirect,
ihu ms insurer shall be primarily and
,rectly liable hereunder to the injured
IlpioSe. his dependents or other persons
H'iiled 70 rights hereunder. On reques
= the commission and at every hearing
ne employer shall produce and furnish IL
Vlth a copy OF his policy Of Insurance.,
ma on demand the employer shall furnish
NJ injured employe, or his dependents,
WIN the correct name and address of his
1surer: and his failure to do 40 shall be
,rlma tacte evidence OF his failure to in.
pre; Both the employer and his insurer
nan De parties to all agreements or
wards OF compensation. but the same
nan not be enforceable against the em-
,Ioyet, except on motion and proof Of de-
ault by the insurer. Service on the en-
commission jurisdiction over the person
both the employer and his Insurer, and
ne appearance Of the employer In any
noeeedlhg shaii also constitute the APP
'earan'e OF his insurer.
section 2S: Every policy OF insurance
tgalnst liability under this act shal be
n accordance with the provisions Of this
tct ana shall be in a form approved by
he superintendent Of the insurance de-
2artment, Such policy shall contain an
agreement that the insurer accepts all of
ne pfoVisloas Of this act, that The same
may be enforced by any person entitled
20 any rights under this act as well as
ny the employer, that the insurer shall be
a party to all agreements or proceedings
liuer ms act, ana his appearance may
he entered therein and Jurisdiction over
MS person may be obtained as In this act
provided. and such covenants shall be en-
'orceahle Notwithstanding any default of
he employer.
Section 20. All charges for i~nsurance
aralnst liability under this act and
AGAINST the liability Of employers reject
,hs ms act, shall be fair, reasonable and
Adpnl1tR with duo allnuaVfrn Fw wn-zIs
rating, Every insurance carrier or group
~ carriers authorized to insure AGAINST
ability under this act, shall within thirty
7ays after this section becomes effective.
lie with the superintendent OF the insur-
aNCe department it's classification OF risks
ana premium rates relating thereto with
w system Of schedule rating Tor merit
rating so-Called) II any. The suDerIn-
tendent then shah hold n hearing 10 de-
iermlne upon a uniform classification of
r'sSa and premium rates relating thereto.
ana m MS discretion n uniform system Of
Srhohule rating Tor merit rating so
called. Within sixty days after this sec
'.ou becomes effective. the superintendent
snail approve or issue as fair. reasonable
and adequate for all Insurance carriers or
'roIps OF carrier, authorized by law TO
transact liability or compensation insur-
ave" business in this state, a uniform
classification 81 risks and premium rates
relating thereto, and may In his discretion
approve or issue a system Of schedule
rntih" 'or merit rating sO-Called) which
shall be n uniform system Of schedule
rating Tor merit rating so-called) for all
sch INSURANCE" cirricrs. The s~uperintend-
cnt may subsequently approve or issue n
uniform system of schedule rating Cor
merit rating so-Callrd, for all inSur-
anfe carriers, or may modify or change
my such system previously approved or
issued after holding "A hearing 10 de-
tcrmiue it's effect upon the fairness,
feaSonallcrCas adequacy or unfatrnesS.
unre~Agorablenes8 or in~adequacy Of rates.
md may nnfpnAa mr. fEg1n Fhn pFrng In
rates or ClaSsifiCations after holding a
hearing 10 determine upon the fairness,
rcaEorhhIencsg. adequacy or unfatrneSS,
ur~reHSOnablencss or inade1uacy of such
additions or charges. No insurance car
rler or group of carriers shall issue. renew
or carry insurance for employers or en-
rloyes as provided In this section AT pre-
MUM rates which are less than the rates
approved or issued by the superintendent
for all insurance carriers or groups Of
carriers as fair, reasonable and adequate
for the risk 20 which they respectively
amply. Provided, however. that " the
superintendent shah have previously APP
proved or issued 81 uniform system Of
schedule rating Cor merit rating so-called)
insurance carriers may apply the same to
any risks subject thereto. bat basic 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 application
Of such system Of schedule rating or
(mertt rating so-called) shall be clearly
set forth In the Insurance contracts or
endorsements attached thereto, and pro-
vIded, however, that nothing contained
In this section shall AFFECT the right of
any insurance carrier or carriers to issue
participating policies or To pay savings
or dividends actually earned or saved
and provided further, that the provisions
~ this section as to rates shall not apply
10 employers who provide among them
solves Insurance AGAINST liability under
this act, on the reciprocal or inter-insur-
ance plan, except that the rates fixed
~ the superintendent Of insurance as
Sufficient to provide for the payment of
the compensation provided by this act.
Section 80. No Insurance carrier shall
write any insurance against liability here
Under unleas II maintains such reserves
as are required by law or in the absence
thereof such reserves ms may be required
by the superintendent Of the insurance
department, the power to require and
regulate which is hereby vested In a
superintendent.
Section al. Every insurance carrier
writing insurance for liability hereunder.
or the liability Of employers rejecting this
act, shall report to the superintendent OF
the insurance department, In accordance
with such rules as he may adopt, such
Information as he may at any time re-
quiTc for the purpose or |eternlnln the
solvency Of the carrier or the fairness,
re~asonablcness and adequacy OF its rates.
and for such purposes the superintendent
may inspect the books and records Of such
carrier and m It's officers, agents
and servants under oath.
Section 80 For any violation OF the
provisions of this act the superintendent
OF the insurance department may suspend
or revoke the authority OF any insurance
carrier to do business IN this state, II
any insurance carrier fails or delays to
pay any compensation finally determined
TO be due, the superintendent shall hear
the complaint. and II 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. Amy employer or group of
employers may enter into or continue any
agreement with his or their employees TO
provide a system of compensation bene-
Ats or insurance in lieu Of the compensa-
ton and insurance provided by this act.
Such substitute system and insurance
shall be subject to the approval of the
superiutcndent OF the insurance depart
ment and shall not be approved by. him
unless they confer benefits upon injured
employees or their dependents Mt least
equivalent to the benefits provided by this
act. nor II they require contributions from
employees, unless they confer benefits
in addition to those provided under this
act at least commensurate with such con-
tribution. Such substitute system and in
surance may be terminated by the super
Of the insurance department on
notice and hearing to the in
parties, II II shall appear that
the same Is not fairly administered, or IL
threatening its solvency or II for any
other substantial reason 1t fails to ac-
complish the purpose of this act; and in
this case the superintendent of the in
surance department. shall determine upo
the proper distribution Of all remaining
assets, II any. subject to he right of any
party in interest to have such action re-
viewed by IA court OF competent 1urisdic-