Document 5edb49DOZgRz3vkvjqD0Mg60

FILE NAME: Insurance Industry (INS) DATE: 1934 June 7 DOC#: INS027 DOCUMENT DESCRIPTION: Article from The National Underwriter - Occupational Disease Topic Important One These Days N ational Underwriter 4 CASUALTY AND SURETY SECTION Page Thirty-one ile Occupational Disease Topic Seek Coordination ual Important One These Days in Auto Affairs ued-- Fire People Want Closer Rela nge [ADE ;ed to :her e new s been ' Casuyo secjducers offices, te conis comon the le risks will go itaining intpor:d limit s. The ame, A. E. bile de ed and ler has eeds of e term lged to ``excess Under own as o in the est covsnal in- ;ral secchanges section' i.tomatic motor tar'poli- section :ommerity table issifying lers or c bodies with the The foldiis are changes,' er, coal 1 trucks, y, poul1 service automotruction, pment-- A list used by t4) In a previous issue Attorney Charles C. Kirk of Chicago inaugurated a series of articles on occupational diseases, a subject of vast importance these days. In his first contribution he dwelt on the subject in a general way, especially in regard to the situation in Illinois and ended with giving a general classifica tion of occupational diseases. Writing further, he said: Occupational Diseases Are Given Definition An occupational disease arises grad ually from the character of the work in which the employe is engaged. It' does not occur suddenly, but is a matter of slow development and is not traceable to a definite time, place and cause. For lack of such definite time, place and cause, the Illinois supreme court has held an occupational disease 'is not an "injury" nor an "accidental injury." Peru Plow vs. Industrial Commission, 311 111. 220. Matthiessen & Hegeler Zinc Co. vs. Ind. Board, 284'111., 378. The "injury" or "accidental injury" is distinguished from an occupational dis ease when it arises in some definite event and at a definite date which can be fixed with certainty. An occupational disease cannot be so fixed. An occupa tional disease, especially where it is due to the inhalation of injurious substances or bodily absorption of injurious ele ments, is of slow development, and in considering the cause of action arising under the statute, the logical view is to consider the time when the employe is forced to stop work .because of the cumulative effect of successive injuries resulting in the final disablement, rather than the first cumulation or bodily ab sorption of the injurious element. The statute of limitation of two years in bringing suit on a disease, does not begin to run as against the plaintiff un til the plaintiff's disability manifests it self in a more or less complete dis ability. Occupational Diseases and Factory Regulation Laws In May, 1911, the U'inois legislature pa'gged-un kcl generally known a~s~~an '"Act tor protection from Occupational Diseases" which requires that "every employer of labor engaged m~ carrying oilw ork or process whictnmay produce anTITness or disease peculiar to thework oFTprocess, oFTvhicfi subjects "the em ploye to the danger of illness or disease incident to such work or process, to which employes are not ordinarily ex posed in other lines of employment, shall, for the protection of all employes adopt^aml provide reasonable and^ thd^prevention ot such mdustnal- or c>c- eupalioiiat diseases trs- are incident to such work or" p r o c e s s th a t thereafter the legislature further passed an act known as the "Health and Safety of. Employees Act," which has to do with Those factories using power driven ma chinery. It also provides further and addi tional safety facilities in the proper fencing and other protections of the power driven machinery; ventilation of factory rooms generally and other ven tilation facilities where poisonous and noxious fumes and gases arise from any process or manufacture; blowers to carry away all dusts of a character in jurious to the health of the persons em ployed in such manufacturing plants; regulations relative to refuse, waste and sweepings of such factory or manufac turing plants; washing facilities in dress ing rooms and employer to provide change of clothing for the employees in certain manufacturing plants, and other proper sanitary dressing rooms, wash ing rooms, and sanitary places to eat, and other like facilities to fie maintained for each sex. Factory inspection, laws qnd regula tions, being more specific in detail, re garding regulations and equipment, than the occupational disease act, leave in a large measure to the employer the responsibility of providing and adopting all reasonable and approved devices, means or methods for the prevention of industrial and occupational diseases as may be incident to his work. Wilful Negligence Enters Into Liability of Employer The failure on the part of the em ployer to adopt and provide the reason able and approved devices in his manu facturing industry where the nature of his manufacturing process requires safe guards. masks, respirator, clothing to be used in the factor}-, and wash ing facilities, proper sanitary places to eat and numerous other hygienic and sanitary devices, has been termed a "wil ful" negligence and failure to perform a mandatory duty. This failure means a conscious violation of mandatory, statutory duty, and when consciously omitted, it is "wilfully" omitted. First National Bank vs. Wedron Silica Co., 351 111., 570. Where there are dusts, poisonous or noxious fumes or gases arising from the work or process, which is self evident in the factory, and the employer con sciously recognizes this condition by the installation of protective and ap proved devices to reduce the menace, there is then an effort on his part to comply with the duty. Failure to keep in order and otherwise maintain and further provide other protective or pre ventable apparatus, when necessary, creates a "wilful" breach of duty, and gives rise to the common law right of action on behalf of the injured person as against his employer. Employe Has Redress Under the Disease Act The employe who is injured in health as the result of the "wilful" failure of the employer to comply with the occu pational disease act, has his remedy under that act. If however, he is in jured accidentally, his remedy is under the workmen's compensation act. If in jured in health by reason of a disease, his right of action is in the common law courts, based upon the failure to provide reasonable and approved devices, or the tions With Casualty Companies I. E. A. IS INTERESTED Regular Fire Companies Feel They Are Helpless Victims of Competition in P. L. and P. D. Field The Insurance Executives Association has been requested by the National Au tomobile Underwriters Association to use its good offices in an attempt to bring about greater coordination of ef fort between the fire and casualty com panies in automobile insurance affairs. A good many fire insurance people feel that they are innocent and helpless sufferers in the intense automobile rate competition. The fire and theft item is a small part of the premium which the automobile owner pays and this line, by itself, is not subject to severe rate com petition. As a matter of fact, many of the specialty companies charge manual rates for fire and theft. The heavy com petition is in the public liability and property damage coverages and where the bureau companies are losing out in this field, the association fire companies are taking the same punishment. That is true, because many of the most ag gressive companies, offering the heaviest price competition, are specialty carriers and they get the fire and theft coverage more or less automatically after they have succeeded in taking the property damage and public liability from the or ganization companies. In other words, the tail goes with the hide. The fire companies feel that they are more or less helpless in attempting to meet the rate competition because, even if they should cut the fire and theft rates materially, the saving would still not be anywhere near as great as that offered by the specialty companies in the p. 1. and p. d, items. Some of the fire insurance people feel that the casualty company rates are too high in the country towns, where the cut rate companies seem to be making their greatest headway. failure to maintain in good repair and operation, such devices that are already installed. The failure to use statutory and other approved and reasonable de vices, subjects the employer to a specific charge of a breach of a specific duty, based upon any of the other require ments mentioned in the health and safety act, the blower act, the poisonous and noxious gases act, the sanitary ven tilation section of the general factory laws. The establishment of such statutory breach, or breach of duty or duties, de prives the employer of the common law (C O N T IN U E ON PA G E 34) INAHUN A i, UNDERWRITER June 1, J** Ge s i n C a s u a l t y F ie l d P TM .! `hat he was fn Detroit W``h the Fidelity & Casualty Fidelity-Surety land Manager barge of National iere, Succeeding icHwart Indiana and Illinois. He held this po sition until retirement of the Consoli dated recently. Sevick Heads New Branch A branch office of the Manufacturing -Y f-i",'. i Scott with Neare, Gibb# wh has been connected with the fidelity & Deposit for the past Activities Si1X viears' has become associated with the Neare, Gibbs & Co., agency of Cin Reciprocal Not Allowed to cinnati, as manager of the bond depart ment. W rite Surety in ArkaW*1 June 6.--Roland :he Baltimore office eau of Casualty & and more recently Graff, safety enirters in New York >inted manager of Portland, Me. He lwart, who returns ssistant to Milton the compensation nt. Appointed Agency of Milwauthe Maryland Casid northern Michiee K. Beliveau and cial agents in that eau the last five cial agent of the n Minnesota. Mr. yith the St. Paul in Minnesota and Lumbermen's Underwriters of Kansas City with J. J. Sevick in charge as man ager has been opened in Chicago, covtring the city and Cook county. Mr. Sevick formerly was special agent for this carrier! in Wisconsin, Michigaln, Minnesota and Illinois. Names Two General Agents The H. M. Hinchman agency of San Francisco has been appointed general agent for the state of California by the Standard Surety & Casualty of New York. The Standard Surety & Casualty has also appointed the Walsh-Cobb agency as general agent in St. Louis Carson Made Iowa Manager t JhnDL,VCarson> Peoria, 111., succeeds J. E. Rollins as Iowa branch manager j P,'tumlnus Casualty of Rock island. III., with offices at 248 Insur ance Exchange, Des Moines. Mr. Rol lins, who has been Iowa branch man ager four years, will become an execu tive m the home office. y in Change has joined the F the Central Mu ' several years he ency development )n I n d e m n i t y le west, and follat company with demnity, he has Id development in Conochie w ith Central Surety . Lloyd Conochie, who has been asso* ciate manager of the surety department in the Chicago branch office of the Con tinental Casualty, has joined the Central Surety of Kansas City as production manager for fidelity and surety lines. Mr. Conochie had been connected with BleTM9?rtinental Casualty and with the K. W. Hyman & Co. agency of Chicago "The square deal companies" baitta Casualty Company anti teb jft're Insurance Co. ?E dealings with agents, brokers and yholders have built for these companies Revise Automobile Casualty Manual (C O N T IN U E D F R O M P A G E SX) contractors and municipalities, with the rat for such equipment included. The rule affecting truckmen--local and long haul, expressmen and transfer companies, has undergone some change, the operating radius of the local truck man has been extended to 50 miles from the place of principal garaging. The rates for long haul truckmen are the heavy class 3 rats for the highest rated territory in which the automobiles are operated and are subject to a surcharge! according to the maximum distance traveled. There are sections in this rule which explain the rating of truckmen engaged in both local and long haul operations, and also the application of the latter two classes, and also the appli cation of it to automobiles rented under contract to others. Buses In Three Classes Buses used in passenger carrying service or for sightseeing work are di vided into three classes; those used ex clusively in local work or within 15 miles of the city or town limits; those operat ing not more than 50 miles between terminal points; and buses operating more than 50 miles between terminal .points. There are subdivisions of the latter two classes. In the garage section are the rules relating to insurance under garage pay roll policies for automobile dealers, re pair shops, automobile storage garages and service stations. There is a new non-owned automobile section which contains all rules for writ ing insurance in connection with auto mobiles not owned by the assured. These include the rules for the named operator policy, drive other cars cover age, hired car and employers' non-own ership liability. In the latter there is a provision fo insuring chibs, department stores, hotels, etc., for the operation of customers' cars by employes. PA R T IA D A PPR O V A L G IV EN LITTLE ROCK, ARK., June fore a company can write fidelity surety business in Arkansas, it i**' Ihave at least $250,000 paid-in cash T ital and meet other requirements of & law and regulations of the insurance-^ [ partment, including the filing of w** Commissioner Gentry has been adn* by Attorney General Norwood. I The ruling was given in response I an inquiry as to whether a reciprocal cently authorized to write fire, liaon?* and plate glass insurance should also permitted to write fidelity and sure" bonds. ^ The attoprtfy general held that the gives na-authority to reciprocals to fidelity and surety without qualify esppaally for that class of insurance- Occupational Disease Topic Im portant One These Dy* (C O N T I N U E D F R O M P A G B *>> defense of master and servant, contrihutory negligence and assumed risk. Ti/ employe is not guilty of assuming >tf risk or contributory negligence wbe*1 there is a direct violation on the part o' the employer in his mandatory statute'1' duty to provide reasonable and ap proved devices. The failure to so pr*vide or maintain is a question of (ate and is submitted to the court or juft as such, and generally shown from fac tory conditions. Expert opinion of en gineers and others engaged in factor! hygiene and sanitation engineering >* given. The employe, having tstvr lished the foregoing facts, the testimonf of attending physicians and other exp?1 medical men then is offered. The dis ease will fall within one or more of tw classifications heretofore set forth. At industrial classification of manufactory* and processes used, will disclose certin types of diseases peculiar to that cj*j tain type of industry.-- As there are 3* or more types of industries which m*1 subject employes to disease. unk*` properly safeguarded, the kind and ty!** of diseases, and a more detailed cU**fication of industries from which they may arise, warrant careful study and consideration on the part of all em ployers and law enforcing agencies. ^le reputation. Small enough to take a interest in agents, yet large and strong o give thorough protection, these comFfer sincere agents a real opportunity, ted write directly to the Home Office, out our special feature policies. N S U R A N C E with attractiva selling features which keep sold including preferred rates to careful and RICHMOND, VA., June . 6.--Ap proval was given^ by the Virginia cor poration commission this week to that portion of the revised automobile man ual providing for reduction in rates and premiums on certain risks but disap proving sections involving rate and pre mium advances. The commission, how ever, agreed to give the companies a hearing June 14 on the proposed in creases before entering a final order. A P P R O V E D IN OK LA H O M A OKLAHOMA CITY, June 6.--The Oklahoma insurance board has approved the revised automobile manual of the Na tional Bureau of Casualty & Surety Un (T O B E CO NTIN U ED ) Can't Deduct Depreciation WASHINGTON, June 6.--U s ance companies may not deduct depre ciation on the buildings they occupy, Is making tax returns, unless they also in clude in their reports a "fair return rental value on the property, it was hew by the United States Supreme Court The ruling of the court was render in cases brought by the In d e p e n d en t tp Rockford Life insurance companies to de termine the validity of provisions in the revenue law that the rental requirem ent should apply to insurance companies fEA LT H IN S U R A N C E which covers every kind of ness and is free from annoying restrictions and derwriters. For the sake of uniformity, rates for Oklahoma are those which have been effective since May 1, 1933, except as to local long distance buses and trucks, which have been definitely pro vided for in the manual. This extension of territory for local buses and trucks, to a radius of 50 miles will include prac tically all those engaged in this service in WANTED Experienced, compensation and lia bility underwriter wanted by Chicago casualty company. In reply state aft1' qualifications and salary expectedAddress Y-64, The National Under writer. IOM E O FFICE, LANCASTER, PA. EL W. Cook 6 m l. Mgr. Oklahoma and rates for this classifica tion will be materially reduced. The only change or increase in rates will affect long distance buses and trucks that travel outside or exceed a radius of 150 miles, which will not interfere with the operations of local trucks and buses at reduced rates. In w riting advertisers please m ention THE NATIO NAL UNDER WRITER.