Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-28

business shall u required to insure only
Section rs. No part OF the cost Of such
insurance shall be assessed against. coll
iected from or paid by any employe.
sured ''I his liability TIVE hereunder s%paEsde DC sh nIi be 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
with a copy Of his policy Of insurance,
and on demand the employer shall furnish
the injured employee, or his dependents.
with the correct name n 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 en-
ployer, except on motion and proof of de-
fault by the insurer. Service IN 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 ap-
pearance 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
i Inc superintendent OF Int lHouTdIiCc uS-
| partment. Such policy shall contain an
agreement that the insurer accepts all Of
the provisions of this act, hat 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 theN inSur-
anee department it's classification of risks
and premium rates relating thereto with
it's system Of schedule rating (or- merit
rating s~o-called) if any. The superin-
tendent then shall hold a hearing to de-
termine upon a uniform classification OF
| risks and premium rates relating thereto,
and in his discretion a uniform system OF
schedule rating Cor merit rating So
| ton becomes effective, the superintendent
shall 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 a uniform system of schedule
rating Cor merit rating so-called) for all
such insurance carriers. The superintend-
emit may subsequently approve or issue a
uniform system of schedule rating Tor
merit rating so-called, for all insur-
ance carriers, or may modify or change
4 -. -.-l --1-tN,,-Iry NN-Nrra Nv
issued after holding a hearing to de-
tegmine it's effect upon the fairness,
reasonableness, adequacy or u~nfafrness,
unreasonableness or i~nadequacy of rates,
and may approve or issue changes in
rates or classiflcations after holding a
hearing to determine upon the fairness,
reaSonableneSS, adequacy or unfatrnesS,
unreasonableness or in~adequacy of such
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 OF 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 if the
superintendent shall have previously ap-
proved or issued a uniform system Of
schedule rating Tor merit rating so-called)
insurance carriers may apply the same to
any risks subject thereto, but basic rates
no less han 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
(merit 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 a savings
or dividends actually earned or saved;
ond nr0uidad further that the nrnViEiOnS
Of this section as to rates shall not apply
to employers who provide among them
selves Insurance against liability under
this act, on the reciprocal or in~ter-insur-
ance plan, except that the rates fixed
by 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 unless it maintains such reserves
as are required by law or in the absence
thereof such reserves as may be required
by the superintendent of the insurance
department, the power to require and
regulate which is hereby vested In said
superintendent.
writing insurance for liability hereunder,
or the liability Of employers rejecting this
act, h a 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 and 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 nay 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 if such failure is with
out reasonable excuse he may revoke OF
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 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-
Ats or insurance in lieu of the compensa-
ton n insurance provided by this act.
i Such substitute system and insurance
shall be subject to the approval of the
superintendent of the insurance depart
ment and shall not be approved by him
employees or their dependents at least
equivalent to the benefits provided by this
act, nor If they require contributions from
employees, upless they confer benefits
In addition to those provided under this
act at least commensurate with such con-
Il tribution. Such substitute system and in
surance may be terminated by the super
intendent of the insurance department or
reasonable notice and hearing to the in
terested parties, II 1t shall appear thai
the same is not fairly administered, or II
/ IA z1@~okfAx. shall -diCAIncaM 1afnnf dafaate