The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-15

section &c. No part Of the cost Of such
insurance shall he assessed against, col
leeted from or paid by any mploy
Section ~. II the employer be not in
sured his liability hereunder shall be
: primary and direct. II he Ia Insured. his
liability shall be secondary and Indirect.
m his insurer shall be primarily and
directly liable hereunder 10 the injured
employe, his dependents or other persons
entitled 10 rights hereunder. On request
OF the commission and at every hearing
the employer shall produce and furnish ir
with q copy Of mis- pol. y OF insurance,
ana 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 tacie evidence OF his failure 10 in
sure. Both the employer and his insurer
] shall be paroles to All agreements or
wards OF compensation, but the same
shall not be enforceable against the EN-
ployer, except on motion r1d proof Of de-
fault by the insurer Ser ice 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 aay
proceeding snail also constitute the sp-
pearanee Of his insurer.
Section rs. Every policy Of insurance
against liability under this act shall he
n accordance with the provisions Of this
act and shall be in a form approved by
he superintendent Of the insurance de-
|pdilileut. NuGh pOHcy SIldli contain TN
agreement that the insurer accepts all OF
the provisions OF this act, that the same
may be enforced by any person entitled
10 any rights under this act as well As
by the employer, that the insurer shall he
a party 20 all aereen ents 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
i the employer.
Section % An charges for insurance
against liability under this act and
against the liability Of employers reject
ing this act, shall be fair, reasonable aud
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 Directive,
hle with the superintendent Of the insur-
auce department It's classification Of risks
and premium rates relating thereto with
its system OF schedule rating Tor merit
rating so-called) II m The superin-
tendent then shall hold a hearing to de-
termine upon a uniform classification OF
risks and premium rates relating thereto D..
and In his discretion a uniform System OF
schedule rating (or merit rating So
called). Within sixty days after this sec
ton becomes effective, the superintendent
shall approve OF issue as fair. reasonable
and adequate for all insurance carriers or
groups u carrier, authorized ~ law 70
I LIANEA1A HADlAlNg VI G0ANPVADA A0n ~
ance business In this state, a uniform
classification OF risks and. preiBium ra. es
relating thereto,s and may III his discretion
approve or issue a system Of schediile
rating Tor merit rating %sO-called) which
shall be a Uniform system Of schedule
rating Tor merit rating so-catlcd) Tor AL
such insurance carriers. The superlntenu-
ent may subsequently approve or Issue a
uniform system Of schedule rating tor
merit rating so-called. for all nsur-
ance carriers. or may modify or change
any such SYSTEM previously approved or
issued after holding a hearing 70 de-
termine it's effect upon the fairness
reasonableness. adequacy or unfairneSs.
uff~easonableness or inadeguscy OF rates,
and may approve or issue changes In
rates or classiications 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 10 which they respectively
applyt Provided, however, that II the
Superintendent shan have previously APP
proved or issued a uniform system Of
schedule rating Cor merit rating so-called
insurance carriers may apply the same tC
any risks subject thereto, Dut ndSlc rates
no less than the rates previously ep'
proved OF issued by the superintendent
and any additions thereto or reductions
therefrom on account OF the application
Of such system Of schedule rating q
(merit rating so-called) shall be clearl.
set forth In the Insurance CONTRACTS o.
endorsements attached thereto; n pro
vided. however. that nothing containes
in this section shah AFFECT the right o
any insurance carrier or carriers 10 issu'
participating policies or to pay saving
or dividends actually earned or saved
and provided further, that the provisions
OF this section as to rates shall not appIl
to employers who provide among them
selves insurance against liability unde
this act, on the reciprocal or inter-insnr.
ance plan, except that the rates fNel
by the superintendent OF INSURANCE a.
sufficient to provide for the paymen o
the compensation provided by this act.
Section 80. No insurance carrier shal
write any insurance against liability here
under unless Il maintaips, such reserve
as are required by law Or IN the absencl
thereof such reserves as may be require q
by the superintendent Of the insurancl
department. the power to require AM
regulate which is hereby vested in SAT-
superintendent.
writing Insurance for liability hereunder
or the liability Of employers rejecting TIL
act, shall report to the upertntendeu Q
the insurance department, In ACCORDING.
with such rules as he may adopt sue
Information as he may At ans time Re
quire for the purpose Of determining tn
solvency OF the carrier or the fairness
, reasonableness and adequacy OF US. rates
and for such purposes the superintendent
may Inspect the hooks and records OF sue
, carrier and examine its officers, aCent
n servants under oath.
Section. so. For any violation OF TN
provisions OF this act the superintenden
Of the insurance department may suspen
or revoke the authority OF p lnsnTAncs
, any insurance carrier falls or delay {
nav any COMPENSATION finally determine
10 be due. the superintendent shall hea
, the complaint. and " such failure IL with
/ out reasonable excuse he may revoke Q
! suspend the authority Of such carrier I
, do business In this state, and In a prope
case may apply for the appointment Q
a receiver for same.
Section 80. Any employer or group Q
7 employers may enter into or continue An
agreement with his or their employees I
: provide a system Of compensation bene
, hts or Insurance. IN lieu Of the coInpensa
tion and insurance provided by thlH &C
| Such substitute system and lnsurans
Z superintendent OF the Insurance depart
I meut and shall not be approved by. MI
= unless they confer BENEFITS upon nJure
employees or their dependents ~ leas
! eaiIyaient 10 the benefits provided by tn
: az. nor II they require ~contrlbptiopR froI
4 employees. unless they confer beneni
y In addition 10 those provided. under tn
4 act At least commensurate Win ssueh c9n
4 tribution. Such substitute syetem aito ~
: eurance may be terminated by the aupel
= intkndent Of the insurance department. .
\ reasonable notice and hearing TO the "
|. terested parties, n u shall appear thi
q the same Is not fairly administered, or
: ita operation ahall disclose latent defecl
= threatening its solvency or N for Al
: other substantial reason L fails 70 =;