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Michigan

receive the same under the terms and conditions of this act; or

"Second. To insure against such liability in any employers' liability company authorized to take such risks in the State of Michigan; or

"Third. To insure against such liability in any employers' insurance association organized under the laws of the State of Michigan; or

"Fourth. To request the commissioner of insurance of the State of Michigan to assume the administration of the disbursement of such compensation exclusive of that provided for in part two, section four herein, and the collection of the premiums and assessments necessary to pay the same, as provided in part five hereof. Said board, however, shall have the right, from time to time to review and alter its decision in approving the election of such employer to adopt any one of the foregoing methods of payment, if in its judgment such action is necessary or desirable to secure and safeguard such payments to employés.

"§ 2. Nothing herein shall affect any existing contract for employers' liability insurance or affect the organization of any mutual or other insurance company, or any arrangement now existing between employers and employés, providing for the payment to such employés, their families, dependents or representatives, sick, accident or death benefits, in addition to the compensation provided for by this act. But liability for compensation under this act shall not be reduced or affected by any insurance, contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer; and in addition thereto, the right to enforce in his own name in the manner provided in this act the liability of any insurance company or of any employers' association organized under the laws of the State of Michigan, or the commissioner of insurance, who may, in whole or in part, have insured the liability for such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer, or the insurance

Minnesota

company carrying such risk, or the commissioner of insurance, as the case may be, shall, to the extent thereof be a bar to recovery against the other, of the amount so paid.

"§ 3. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this act, and provisions thereof inconsistent with this act shall be void. No. company shall enter into any such contract for insurance, unless such company shall have been approved by the commissioner of insurance as provided by law."

MINNESOTA1

"Part II, § 31a. Any employer who is responsible for compensation as provided in this act may insure the risk in any manner then authorized by law. But those writing such insurance shall in every case be subject to the conditions in this section hereinafter named.

"If the risk of the employer is carried by any insurer doing business for profit, or by any insurance association or corporation formed of employers, or of employers and workmen, to insure the risks under this act, operating by the mutual assessment or other plan or otherwise, then in so far as policies are issued on such risks they shall provide for compensation for

1 "An employer subject to the provisions of the Workmen's Compensation Act may insure himself against liability to pay compensation to a part of his employés and not others. He may insure a part of his employés in one company and others in other companies or not at all. If the employer insures only a part of his employés and gives the notice provided for in paragraph 7 of § 31a of said Act, he must use appropriate language in the notice to clearly indicate which of his employés are covered by in

surance.

"The insurer cannot limit its liability under either Parts I or II of the Workmen's Compensation Act but must assume the full obligations imposed upon the employer by the provisions of the Act. In other words, the liability of the insurer cannot be limited to certain specified amounts as was formerly the practice in writing employer's liability insurance. It follows that policies of insurance may not be written which eliminate the medical attention feature specified in § 18 of the Act." J. A. O. Preus, Commissioner of Insurance, Jan. 12, 1914.

Minnesota

injuries or death according to the full benefits of Part II of this act.

"Such policies shall contain a clause to the effect that as between the workman and the insurer, that notice to and knowledge by the employer of the occurrence of the injury shall be deemed notice and knowledge on the part of the insurer; that jurisdiction of the employer for arbitration or other purposes shall be jurisdiction of the insurer, and that the insurer will in all things be bound by and subject to the awards rendered against such employer upon the risks so insured.

"Such policies must provide that the workman shall have an equitable lien upon any amount which shall become owing on account of such policy to the employer from the insurer and in case of the legal incapacity or inability of the employer to receive the said amount and pay it over to the workman or dependents, the said insurer will pay the same direct to said workman or dependents, thereby discharging all obligations under the policy to the employer and all of the obligations of the employer and insurer to the workman; but such policies shall contain no provisions relieving the insurance company from payment when the employer becomes insolvent or discharged in bankruptcy or otherwise, during the period the policy is in force, if the compensation remains owing.

"The insurer must be one authorized by law to conduct such business in the State of Minnesota, and authority is hereby granted to all insurance companies writing such insurance to include in their policies in addition to the requirements now provided by law the additional requirements, terms and conditions in this section provided.

"It shall be lawful for the employer and the workman to agree to carry the risks covered by Part II of this act in conjunction with other and greater risks and providing other and greater benefits such as additional compensation, accident, sickness or old age insurance or benefits, and the fact that such plan involved a contribution by the workman shall not prevent its validity if the employer pays not less than the cost of the insurance of the risks otherwise covered by Part II of this act, and the workman gets the whole of the additional compensation or benefits.

Nebraska

"If the employer shall insure to his employés the payment of the compensations provided by Part II of this act, in a corporation or association authorized to do business in the State of Minnesota and approved by the insurance commissioner of the State of Minnesota, and if the employer shall post a notice or notices in a conspicuous place or in conspicuous places about his place of employment, stating that he is so insured and stating by whom insured, and if the employer shall further file copy of such notice with the labor commissioner of the State of Minnesota, then, and in such case, any suits or actions brought by an injured employé or his dependents shall be brought directly against the insurer, and the employer or insured shall be released from any further liability.

"Provided that in case of insolvency or bankruptcy of such insurance company the employer shall not be released from liability under the provisions of this act.

"The return of any execution upon any judgment of an employé against any such insurance company unsatisfied in whole or in part, shall be conclusive evidence of the insolvency of such insurance company and in case of the adjudication of bankruptcy or insolvency of any such insurance company by any court of competent jurisdiction, proceedings may be brought by the employé against the employer in the first instance or against such employer and insurance company jointly or severally or in any pending proceeding against any insurance company, the employer may be joined at any time after such adjudication."

NEBRASKA

"Part II, § 46. (Insurance.) An employer who is liable for compensation as provided in this Act may insure the liability to pay such compensation in any liability insurance company or companies licensed to write such risks in the State of Nebraska, or in any mutual insurance association authorized under the laws of the State of Nebraska to assume such risks.

"§ 47. (Insurance policies.) No policy of insurance against liability under this Act shall be made unless the same shall cover the entire liability of the employer thereunder and

Nebraska

shall contain an agreement by the insurer that, in case the employer shall be or become insolvent, or in case an execution upon a judgment for compensation is returned unsatisfied, an employé of such employer or the dependents of a deceased employé who shall be entitled to compensation under this Act may enforce their claim or claims to compensation against the insurer to the same extent that the employer could have enforced his claim against such insurer had he paid compensation. No suit shall be maintained for the collection of premiums upon any such policy of insurance, unless such covenant is contained in said policy. Such covenant shall be unaffected by any default of the insured in the payment of premiums and shall be construed to be a direct promise to such injured employé and dependents, and shall be enforceable by action brought in the name of such injured employé or in the names of such dependents. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this Act, and provisions thereof inconsistent with this Act shall be void. No company or association shall enter into any such contract for insurance unless such insurance shall have been approved by the State Insurance Commissioner as provided by law.

"§ 48. (Existing liability insurance contracts.) Nothing herein shall affect any existing contract for employers' liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement now existing between employers and employés, providing for the payment to such employés, their families, dependents or representatives, sick, accident or death benefits in addition to the compensation provided for by this Act; but liability for compensation under this Act shall not be reduced or affected by any insurance of the injured employé, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his own name in the manner provided in section 47 the liability of any insurer who may,

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