judge of the circuit court of the county in which the accident happened, and the reward of such arbitrator shall be binding upon both the employer and the employee, or his dependents, as the case may be. SEC. 14. Any insurance paid in accordance with the provisions of this act shall not be liable to attachment by trustee, garnishee, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, or by operation of law, to pay any debt or liability of the insured or any beneficiary, nor shall any claim to insurance money be assignable by the payee before the same is paid. SEC. 15. A contract for insurance in pursuance of the terms of this Act shall not relieve the employer from liability for any accident due to his failure to comply with the lawful directions of any competent administrative authority given in the interest of the safety of employees, unless it shall have been impossible to carry out such directions by the time that the accident happened, or unless the enforcement of such directions has been suspended by the order of a court of competent jurisdiction. SEC. 16. Every employer shall file with the insurance superintendent a copy of the form of contract and policy which he shall use under the provisions of this act, and in the event of such form being departed from in any particular case, shall also file a copy of such particular contract. If he shall fail to do so he shall be liable to a penalty of $50.00, in each case to be recovered in an action of debt in the name of the people of the state. SEC. 17. A quarterly report of all settlements and payments of insurance benefits shall be filed by the employer with the insurance superintendent. If such employer shall fail to make such report in thirty days after demand by the insurance superintendent, he shall be liable to a penalty of $50.00, to be recovered in an action of debt in the name of the people of the state. SEC. 18. The insurance superintendent shall prepare blanks of contract and policies complying with the provisions of this act and shail distribute the same upon application free of charge. SEC. 19. Nothing in this act contained shall be construed as authorizing any employer and any officer or agent of such employer to require any employee or any person seeking employment as a condition of such employment, or of the continuance of such employment, to enter into a contract, or to continue in such contract, such as is authorized to be made by sec. 1 of this act. APPENDIX E CASUALTY INSURANCE COMPANY CONTRACTS1 The following are the forms of policies and applications as adopted by the Liability Conference, June, 1904, and now in use by the companies forming the conference. Thirteen liability companies are members of the conference, but the policies issued by them follow the same general lines. The character of the liability insurance contract, the extent of liability of the insuring company, and the duties of the insured in respect to such contracts are clearly set forth in these documents. FORM OF LIABILITY POLICY AND GENERAL AGREEMENTS The following skeleton, or general form of liability, and the conditions appended, are the same in all liability contracts approved by the Conference. Special agreements, or conditions, as given herewith, adapt this form to each class of the liability contract: In consideration of the application for this policy, a copy of which is hereto attached and which is made part of this contract, and of.... dollars ($..) premium, hereinafter called "the company," does hereby agree to indemnify State of beginning ... of ., County of . . . ., hereinafter called "the assured," for the term of on the.... day of . . . ., at noon, and ending on the ...., 190.., at noon, standard time, at the place where this policy has been countersigned. GENERAL AGREEMENTS ., day of This insurance is subject to the following conditions, which are to be construed as conditions precedent of this contract: 1. The assured, upon the occurrence of an accident, shall give immediate notice thereof in writing, with full particulars, to the home office of the company, or to its duly authorized agent. He shall give like notices, with full particulars, of any claim which may be made on account of such accident. 2. If thereafter any suit is brought against the assured to enforce a claim for damages on account of an accident covered by this policy, immediate notice thereof shall be given to the company, and the company 1 Manual of Liability Insurance (March, 1905), pp. 39 ff.; New York, The Spectator Co. will defend against such proceedings, in the name and on behalf of the assured, or settle the same at its own cost, unless it shall elect to pay to the assured the indemnity provided for in clause "A" of special agreements as limited therein. 3. The assured shall not settle any claim, except at his own cost, nor incur any expense, nor interfere in any negotiation for settlement or in any legal proceeding without the consent of the company previously given in writing, but he may provide at the time of the accident such immediate surgical relief as is imperative. The assured, when requested by the company, shall aid in securing information and evidence and in effecting settlements, and in case the company calls for the attendance of any employee or employees as witnesses at inquests and in suits, the assured will secure his or their attendance, making no charge for his or their loss of time. 4. This policy does not cover loss from liability for injuries when the assured has failed to observe any statute affecting the safety of persons or has with knowledge violated any local ordinance made in the same behalf. 5. This policy does not cover loss for liability for injuries to any child employed contrary to law, nor to any child so employed under fourteen years of age, where no statute restricts the age of employment, nor does this policy cover any injury due wholly or in part to the employment of any such child. 6. If the assured carry a policy of another insurer, whether valid or not, against a claim arising under this policy, he shall not be entitled to recover from the company a larger proportion of the loss than the sum hereby insured bears to the whole amount of insurance. If the assured has any other policy in this company, in respect of any injury covered hereby, the assured shall elect the policy under which the accident shall be treated, but the company shall not be held responsible for a liability under more than one policy. 7. Any assignment of interest under this policy shall be void unless the written consent of the company is indorsed hereon by one of its officers. 8. No action shall lie against the company as respects any loss under this policy unless it shall be brought by the assured himself to reimburse him for loss actually sustained and paid by him in satisfaction of a judgment after trial of the issue. No such action shall lie unless brought within the period within which a claimant might sue the assured for damages unless at the expiry of such period there is such an action pending against the assured, in which case an action may be brought against the company by the assured within thirty days after final judgment has been rendered and satisfied as above. In no case, except that of minors, shall any action lie against the company after the expiration of six years from the date of the given injuries or death. The company does not prejudice by this clause any defenses to such action which it may be entitled to make under this policy. 9. In case of payment of loss under this policy, the company shall be subrogated to all claims or rights of the assured in respect to such loss against any person or persons, and the assured shall execute any and all papers required to secure to the company said rights. 10. An agent has no authority to change this policy or to waive any of its provisions, nor shall notice to any agent or knowledge of his or of any other person be held to effect a waiver or change in this contract, or in any part of it. No change whatever in this policy nor waiver of any of its provisions shall be valid unless an indorsement is added hereto, signed by the president or secretary of the company, at its home office, expressing such waiver or change. This policy shall cover losses sustained by and liability for any claims against the assured as a result of the risk specified in the contract or contracts hereto attached, and is issued and accepted upon the condition that all the provisions printed on the slip or slips attached to this policy are accepted and shall be fulfilled by the assured as part of this contract as fully as if they were recited at length over the signatures hereto affixed. In witness whereof, the . . . . company has caused this policy to be signed by its president and secretary, at but the same shall not be binding upon the company unless countersigned by a duly authorized representative of the company. .... ...., Against bodily injuries sustained by any employee or employees of the assured through external, violent and accidental means, while actually engaged in the occupation and at the places mentioned in the schedule indorsed hereon, and resulting from the operation of the trade or business described in said schedule. SPECIAL AGREEMENTS Clause A. If the death of any employee shall result within ninety days from such injuries, independent of all other causes, the company will pay to the assured a sum equal to . . . . week's wages, computed at the rate per week received by such injured employee at date of accident, but such sum shall not exceed one thousand five hundred dollars. Clause B. If any employee shall, within ninety days, as the result of such injuries, independent of all other causes, lose by actual separation, at or above the wrists or ankles, both hands or both feet, one hand and one 2 Manual of Liability Insurance, as cited, p. 61. foot, or shall irrecoverably lose the sight of both eyes, the company will pay to the assured the amount specified in Clause A. Clause C. If any employee shall, within ninety days, as the result of such injuries, independent of all other causes, lose by actual separation, at or above the wrist or ankle, one hand or one foot, the company will pay to the assured one-third the amount specified in Clause A. Clause D. If any employee shall, within ninety days, as the result of such injuries, independent of all other causes, irrevocably lose the sight of one eye, the company will pay to the assured, in satisfaction of all claims for such injury, a sum equal to one-eighth the amount specified in Clause A, but not exceeding two hundred dollars. Clause E. If such injuries, independent of all other causes, shall immediately, continuously and wholly disable and prevent such employee from engaging in any work or occupation for wages, the company will pay to the assured an amount equal to one-half the usual weekly wages of the injured employee for the period of such disability, not exceeding twenty-six weeks in respect of any one accident, but such sum shall not exceed five hundred dollars in respect of any one injured person during the policy year. 1. Recovery may be had for the benefit of the same employee under one of the foregoing clauses only as respects the results of injuries caused by any accident, and in no event shall the company's liability for a casualty, resulting in injuries to, or the death of several persons, exceed ten thousand dollars. 2. The premium is based on the wages to be expended by the assured during the period of this policy. If the wages actually paid exceed the sum stated in said schedule, the assured shall pay the additional premium earned; if less than the sum stated, the company will return to the assured the unearned premium, pro rata, but the company shall first retain not less than . . . dollars ($...), it being understood and agreed that this sum shall be the minimum earned premium under this policy. Issued by the . . . . company to . . . . I. .... President. SCHEDULE .Secretary. Name of assured . . . . 2. Address of assured (name street, town, county, and state where office is located). . . . ..... · all factories, shops, or yards are given below 3. The locations of 4. Trade or business is . . . . (state what the business is, giving the ratebook classification, specifically including character of work, etc.). 5. The application of employees are those usual and necessary to the trade or kind of business described above. 6. No power is used except as follows: 7. There are . . . boilers. Their type is... Their age is... 8. There are Their type is ... The maker's name is . . . 9. No ... elevators. ... |