Mexico weekly ledger., 1920-09-30

SeStIoh ~. no part OF the cost Of such
Insurance snail be assessed against, coll
lected from or paid by any employee.
section "a. II the employer be not In
sured his liability hereunder shall be
liability shall be secondary and Indirect.
and his insurer shall be primarily and
directly liable hereunder 10 the injured
employe' his dependents or other persons
entitled to rights hereunder. On request
o. the commission and at every hearing
the employer shall produce and furnish IL
with a copy Of his policy Of insurance,
and on demand the employer shall furnish
the injured employe, or his d~ependents,
| with the correct name and address Of his !
Insurer, and his failure to do 30 shall be
prima facie evidence, OF his failure to In
sure: Both the employer and his insurer
shaIl be parties to all agreements or
awards of compensation. but the same
snail not be enforceable against the en-
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 an
pearance OF his insurer.
Section 2s. 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 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 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.
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 insur-
apce department its classification Of risks
and premium rates relating thereto with
It's system Of schedule rating (or merit
rating so-called) II any The superin-
tendent then shall hold a hearing TO de-
termine upon II uniform classification CT
risks and premium rates relating thereto.
and In his discretion a uniform system OF
called. Within sixty days after this sec
ton becomes effective, the superintendent
h approve or Issue as fair, reasonable
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 and 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 n uniform system Of schedule
rating Tor merit rating so-called) for all
snCh insurance carriers. The Superlntend-
emit may subsequently approve or issue a
uniform system Of schedule rating Cor
merit rating so-called, for 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 unfatrness.
! q. afNpu I1,nnGq pp inuHnIl1rN of rates.
and may approve or issue chances in
rates or classiAcations after holding a
hearing to determine upon the FAIRNESS,
reaSOnahlcnPSS. adequacy or unfairness,
unreasonahleness or inadeauacy of u
additions or charges. No insurance car
rier or group Of carriers shall issue, renew
or carry insurance for employers or em-
ployes MS 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 u uniform system OF
schedule rating Tor merit rating so-cailed)
insurance carriers may apply the same 70
any risks subject thereto. but basic rates
no less han the rates previously ap-
proved or issued by the superintendent
and any additions thereto or rHtuctlohf
therefroTn on account OF the appicatiot
OF such system OF schedule rating OF
] tInEIll W " 1AAtAA w ''fNH -
set forth in the insurance contracts OF
endorsements attached thereto; and pro,
vided, however, that nothing CONTAINED
in this section shall AFFECT the right q
any insurance carrier or carriers to issu'
participating policies or to pay saving
or dividends actually earned or saved
and provided further. that me provision
Of this section as to rates small not appl
to employers who provide among thein
|. selves insurance against liability unde
this act. on the reciprocal or inter-lnSur
A-AA ~Ia ~ fhnf tina 7 N
by the superintendent Of insurance a
sufficient TO provide for the payment o
, the compensation provided by this act.
Section 30. No insurance carrier shal
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 may ne reuutrc'
by the superintendent of the insurance
department, the power to require an
regulate which Is hereby vested in SAT-
superintendent.
: writing insurance for liability hereunder
or the liability Of employers rejecting I'M
act. shall report to the superintendent o
Y the insurance department, In accofdanc,
: with such rules as he may adopt. sue
r information as he may at any tlme re
Y auire for the purpose OF determining IN
solvency OF the carrier or the talrness
o r~easonableness and adequacy OF Its rates
q and for such purposes the superintendent
: may inspect the books and records OF sue
carrier and examine its Officers agent
/ And StTNlillS uiiut Vail -.
V Section ~ For any violation OF tn
e provisions Of this act the superintendent
V Of the insurance department may suspen
h or revoke the authority OF any INSURANCE
carrier TO do business in this state. !
l. any insurance carrier fails or delays l
.e nav any compensation finally determine
a IN he due. the superintendent shall hea
l. the complaint, and II such FAILURE Is with
ID out reasonable excuse he may revoke o
suspend the authority OF suCh carrier I
lie do business In this state, and IN a prope
q. case may pply Tor the dPpo'utIHe"' "
70 a receiver for same.
Section 80. Amy employer or group c
t. EMPLOYERS may enter Into or continue an
~ agreement with his or their employees l
y proyide a system OF Compensation pehe
stS or insurance in lieu Of the compensa
le ZION and insurance provided by this ac'
or such substitute system and insurahc
It, shall be subject to the approval OF "
to eInarintendent OF the insurance depaft
Mt meut and shall not be aappronea pS M
be ,nlass they confer benefits upon inJure
az emnloyes or their dependents al leas
lie en,iivaleut to the benefits provided by TN
IN act. nor II they require contributions lIoi
IN emnloyes. unless they confer benehl
Id In addition to those proNldea unuIf IN
or NOT nj least commensurate with such cor
or tribution, Such substitute system ana II
all aurance may be terminated by the super
s. intendent of the insurance department. =
es reasonable notice and hearing 10 the u
n terested parties, II II man apLeai ~.
ar Inc same is not fairly administered or
he its operation shall disclose latent detec
threatening its solvenCy or II TOT al
of other substantial reason It rams 10 az
e. nomplish the purposes OF TINS act anu
this case the superintendent OF tHe u
a surnuce department shall determine upt
ed Inc nroper distribution OF all renaIhit
ue sssefs il any, subject to the right OF al
nartv in interest to have such acton r.
to Viewed by a court of competent 1urlsal