Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-09-30

lected from or paid by any employe.
sured his liability hereunder shall be
primary and direct, II he is insured, his
liability shall be secondary and indirect,
and his insurer shall be primarily and
directly 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
and on. demand the employer shall furnish
the injured employe, or his dependents.
with the correct name and address of his
prima facie evidence OF his failure to in
sure. Both the employer and his insurer
shall be parties to all agreements or
awards of compensation, but the same
shall not be enforceable against the em-
ployer, 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
pearance of his insurer.
Section 20. 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-
partment. Such policy h 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 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 may be obtained as in this act
provided, and such covenants shall be en-
forceable Notwithstanding any default Of
the employer.
Section 80. All charges for Insurance
against the liability Of employers reject
ing this act, shall be fair, reasonable n
adequate with due allowance for merit
rating. Every insurance carrier or group
liability under this act, shall within thirty
days after this section becomes effective,
file with the superintendent of the insur-
ance department its classification of risks
its system of schedule rating (or merit
rating so-called) If any. TIL superin-
tendent then shall hold a hearing to de-
termtne upo a uniform classification OF
risks and premium rates relating thereto.
and in his discretion a uniform system Of
schedule rating Cor merit rating So
called). Within sixty days after this sec
ton becomes effective, the superintendent
and adequate for all insurance carriers or
groups of carrier, authorized by law to
transact liability or compensation insur-
ance business in this state, a uniform
classification of risks n premium rates
relating thereto, and may in his discretion
approve or issue a system of schedule
rating Tor merit rating so-called) which
shall be a uniform system Of schedule
rating Cor merit rating so-called) for all
such Insurance carriers. The su~perfntend-
emit may subsequently approve or issue a
uniform system OF schedule rating Tor
merit rating so-called, Tor all insur-
ance carriers, or may modify or change
any such system previously approved or
issued after holding a hearing to de-
|termine its effect upon the fairness,
reasonableness, adequacy or unfairness,
,tpran SIM hiappGc or iuadan11aP y Of rates.
and may approve or Issue changes in
rates or classifications after holding a
hearing to determine upon the fairness,
reasonableness, 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 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 to which they respectively
apply: Provided. however, that II the
superintendent shall have previously APP
proved or issued a uniform system OF
schedule rating Cor merit rating ~so-caied)
insurance carriers may apply the same to
any risks subject thereto. but basic rates
no less than the rates previously ap-
proved or issued by the superintendent.
and n additions thereto or reductions
therefrom on account of the application
of such system of schedule rating or
INERT rating so-ca1led) 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 saXed;
and provided further. that the provisions
of this section as to rates shall not apply
to employers who provide among them
selves insurance against liability under
4 <L41 o4f - x1n. rnotnrapol ~ Sufn mr. ( ~
ance plan, except hat the rates fixed
by the superintendent of insurance as
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 it maintains such reserves
as are required by law or in the absence
thereof such reserves as nay be required
by the superintendent of the Insurance
department, the power to require n
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
the insurance department, In accordance
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 its rates,
and for such purposes the superintendent
may inspect the books records OF such
carrier and examine its 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
dc business in this state, and in a proper
case may apply for h appointment OF
Section 33. Any employer or group of
employers may enter into or continue any
agreement with his or their employees to
provide a system of compensation bene-
fits 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
superintendent Of the insurance depart
ment and h q 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 II they require contributions from
employees, unless they confer benefits
act at a commensurate with such con-
tribution. Such substitute system and in
surance may be terminated by the super
intendent of the insurance department on
reasonable notice and hearing to the in
terested parties, If 1t hall appear that
the same is not fairly administered, or II
its operation shall disclose latent defects
other substantial reason 1t fails to ac-
complish the purposes of this act; n in
this case the superintendent of the in
surance department shall determine upon