Document 93xr4oK6Qjknv84Zjv6zyGzmp
FILE NAME Insurance Industry INS
DATE 1936 June 25 DOC INS009
DOCUMENT DESCRIPTION Article from The National Underwriter - Disease Rates Under New Illinois Laws are Given
June 25 1936
R29
THE NATIONAL UNDERWRITER
R29
Disease Rates Under New Illinois Laws Are Given
PRESENT ALTERNATIVE PLANS
Claimant's Attorney Wins Fee in Interference Suit
Adjusters for casualty companies must
Riders for High
Discount Plans A
be cautious about interfering with the
Assured May Buy Full Coverage Loss Contribution Scheme signed Risk Still Problem
Or
relations between a claimant and his
attorney The New York court of appeals has just decided against the com-
pany in a suit for his fee brought by the injured's attorney on the ground that representatives of the company in-
Companies have now been furnished by the Massachusetts Rating & Inspection Bureau with copies of retrospec-
tive premium and premium discount endorsements for compensation risks
These riders doubtless will serve as
With 20
date of the be
termine
the
losses includ the unpaid 1
months after
policy
The rates are now available for occu-
pational disease coverage under the new laws which becomes effective in Illinois
Oct. 1. The scale was prepared by the National Council on Compensation In-
surance
Employers will have the choice of purchasing full coverage or a plan under which the assured pays for 50 percent of
every disease loss up to the maximum of 1,000 per casc The rates for the
second plan will be 25 percent less than the full coverage rates
A minimum premium of 5 is estab lished This is regarded as too low by most of the Chicago experts
William Leslie associate general man-
duced the claimant to repudiate the at-
torney and settle without him The al-
legations were that the retained by the injured
attorney was claimant but
that representatives of the threatened the claimant that
company unless he
repudiated his retainer he would receive no compensation for his injuries After
the claimant broke off with the attorney
the company paid 25,000 and took a
general release The attorney thereupon brought suit and recovered a verdict for
6,250 on an alleged agreement of 25
percent of the recovery The court reduced this with the consent of the lawyer to 2,500 as the reasonable value of
the lawyer's services in investigating the
claim interviewing the witnesses taking
models for other states Large risks that do not
elect
to be
retrospectively rated will receive in
Massachusetts a rebate on that portion of the
| of 11.4 percent
premium above
5,000
The bureau does not state
whether commissions will be reduced on
the premium above 5,000 In the retrospective plan no commission is paid
on any premium above the retrospec-
tive minimum
The premium discount endorsement is to be attached to cach policy for which
the estimated annual premium amounts
to at least 2,000 where the retrospec-
tive plan is not used
|
No policy may
be canceled and rewritten for this pur-
From the } curred losses shall then ma of the retros
4. Subseque spective pren the initial shall recomp mium on th determination curred losses mate of the 30 months af policy
Twenty computation pute the ret basis of the the amount
ager National Bureau of Casualty & Surety Underwriters returning from the meeting of the insurance commissioners in St. Paul had a conference with the
membership of the Casualty Managers Club of Chicago following which he conferred with Chairman Angsten of
the Illinois Industrial Commission Mr.
photographs etc. The judgment as reduced was affirmed by the New York court of appeals
Indemnity Policy Test Case Is Ruled Upon in Illinois
pose
Text of Discount Rider
The reads
premium
discount
endorsement
It is agreed that all premium for the policy in excess of 5,000 developed by the application of the standard rates of the Massachusetts Rating & Inspection
cluding ther paid losses a the effective
The retros by the secon final premiu sequent roc the Massach
Bureau
Leslie was particularly interested in the
problem of assigning risks which are
unable to obtain occupational disease
coverage
At the meeting with man-
agers the prevailing view was that the insuring of occupational disease under
the new Illinois law should not be a
problem if the assured does a proper job of housecleaning However it is
ome recognized that a good many canployers will be lax The conclusion was that
the companies as a group or through a committee would undertake to get the
cooperation of the industrial commission in setting up requirements to which an assured must comply in order to get insurance Then when an assured has
complied with those requirements the companies through their assigned risk committee would cooperate in seeing
that coverage is obtained Under the new set up occupational
disease legislation in Illinois is entirely
What appears to be the first test under
the Illinois law to provide claimants a
direct recourse against the insurance
company under automobile liability poli-
cies has been ruled upon by the Illinois
appellate court 1st district in of Trust Co. of Chicago vs.
the case
Iroquois
Auto Insurance Underwriters Inc.
The law provides that the insurance
company shall be liable to the person
entitled to recover for death or injury
when caused by the insured in the same
manner and to the same extent that
such carrier is liable to the insured The
curious effect of this is if taken liter-
ally that the claimant is left just where he was before the law was passed under
called indemnity policies Such laws were passed in most states for the very purpose of giving the injured claimant the benefit of the insurance when
the insured driver is unable to pay The
distinct from the law governing compensation for industrial accidents Pre
viously where an uncertain measure of disease liability was included in the workmen's compensation law the companies have been getting a loading in the regular compensation premium This loading will be eliminated effective Oct.
I and a revised accident compensation
policy in this case was an indemnity policy by which payment was promised only to reimburse the insured after he had paid the injured In this case the insured had not paid the injured
Without going into the reasoning which led to its conclusion the appellate
court said that the indemnity provision
was contrary to the statute and there-
scale promulgated Below are given
the
new
rates
fore ineffective and void The case was
for remanded with directions to enter a
disease coverage
Occupational in
various classificationsclassifications in
judgment in favor of
amount of its claims
plaintiff for the The trust com-
Code
Classification
1164 1165
Smelting 1430
Mining underground .2.74
surface
..1.95
loud
sintering
.ee
ee
cere
.1.40
pany held a judgment of 3,000 for the
death of Juzang Undoubtedly the appellate court gave
the effect to the law that was intended
1438 Smelting sintering or reining-
N. sintering ee ec eee eens
.60
1472 Distillation of wood
.07
but it had to go easy in giving its reasoning
1605 Rock excavation ...
2.13
Bureau shall be reduced 11.4 percent
provided however that the provisions of this endorsement apply solely to the premium for operations covered by the policy which for purposes of premium determination are subject to the jurisdletion of said bureau
The ment
retrospective premium endorseomitting the table of rating
values reads
Additional percentage of standard premium required by paragraph 5 a of
this endorsement
percent
It is agreed that the premium for the
polley shall be determined as follows 1. Elements in development of retro-
spective premium computation of the retrospective premium is based upon
the following elements
a Standard premium premium computed in accordance with the proviglons of the policy other than this endorsement shall be known as the standard premium The earned standard premlum shall be used to determine the
basic premium the minimum retrospective premium and the maximum retro-
spective premium b Basic premium
basic
pre-
mium is that percentage of the earned
standard premium stated in the basic
premium column of the table of rating values schedule which forms a part of
this endorsement c Incurred Incurred losses
under the policy shall mean the actual paid losses and the reserves as estimated by the company for unpaid losses
::
2. Retrospective premium retrospective premium is the sum of
a The basic premium and b The incurred losses and c 15 percent of the incurred losses The retrospective premium is the premium for the policy provided however that if such premium is less than the
5. Payme a Stand thereof
company
premium thereof stat
dorsement
b Retros company ha tion of the employer sl difference b
mlum and
to the comp mium is gr viously pai
to the emp
the retrosp
mium if the
prev retro
the premium Correspu
made at th
of the retro All adjus
to the min
and to
mium
the
Hi
Cane
a Canc the event ployer
1 The the period to be comp
ance
with
table print 2 The
computed : basic prem
3 The computed spective pi
4 The nfum sha standard
the period
1624 Quarrios O. C.
.1.17
minimum retrospective
premium
the
tended to
1710 Stone crushing ...
.2.13
Dust Disease Procedure
minimum retrospective premium shall be the polley
1741 1745 1747 1748 1803 -1852 1860 2260 2280 2288 2538 2000 2623
Flint and spar grinding
Spapstone products mfg
wee
-22
Emery works ....-..-Abrasive wheel mfg ..
.
.22
.56
Stone cutting and polishing
7.00
Asbestos goods mfg .. Abrasive paper mfg ..
.
4.444.44
2.1
Wool combing or scouring
.07
Hatter's fur mfg ...
16
Felting mfg ....
.03
Iut mfg straw .
.06
Fur mfg hatters
.06
Tanning
..--.... wees
.13
NEW YORK June Approval of
rules and rates for classifications subject
to specific dust hazards under the state law prepared by the Compensation Insurance Rating Board of New York having been given by Superintendent L.
H. Pink became effective coincident
with operation of dust disease amend-
ments to the statute
All carriers have
the premium for the policy and if such premium is more than the maximum retrospective premium the maximum retrospective premium shall be the pre-
mium for the polley Minimum retrospective premium
minimum retrospective premium is that
percentage of the earned standard premium stated in the minimum retrospective premium column of the table of rating values schedule
b Can the event pany the the period to be com the retros puted on t ard premi^>
7
App
mium onl
2660 3081 3082 3085 3089 3091 3093
Boot or shoe mfg ..--..-
.04
Foundries O. 2.96
Foundries castings 2.96
Foundries 2.96
Pipo cast iron .. Enameled iron ware mfg
.44 .80
Cast iron centrifugal ..,.- .71
been advised by General Manager L. S. Senior of the method to be followed
Purchases Building
Maximum retrospective premium maximum retrospective premium is that
percentage of the earned standard preantum stated in the maximum retrospective premium column of the table of rating values schedule
dorsement
for
opera
which for
nation ar the Mass
Bureau
etary antee
idsay nobile ?
3122 3169 3175
3364
Cutlery mfg.-N. O.
C.
...
weno
.71
Stove mig
Radiator or
-.rrerseee
heater mufi
.27
wee--
.90
Plumber's supplies mfx ..
-.
Agate or enamel ware mig
Lead works ....
sees
we
.07 .39 .80
Type foundries .
vanes
1 .48
acetylene welding Electroplating ...
.08 .03
CONTINUED ON PAGE 32
The State Automobile au automobile
reciprocal of Indianapolis the Medical Arts building
has bought in that city
on southeast corner of Michigan and
Pennsylvania streets of which it will occupy two floors and the basement for
home office purposes
**
*
3. tive
Initial computation premium six
of retrospec-
months after
the termination of the policy the company shall make an audit of the records of the
employer standard
in order to premium
compute
and
LO
the earned determine
therefrom the basic premium
compensa one and
CO
THE NATIONAL UNDERWRITER
cort
now
Sustains
its
contention
se defnite understanding is the C
| ing plan If so how many
|
. Will you present the plan to each
will continue the National Surety Cor-
risk in your section having more than
poration as a distinct entity with Vin- 5,000 in premiumi
cent Callen as its president The depart-
5.
How many of the risks above re-
}
reed recently concluded
an examination ferred to are in mutual companies
In
opISIONS
company as Dec.
31 1935 lind-
in highly prosperous condition
with-
11-
Riders
for
High
and
stock companies
6 Has the presentation of this plan
to those risks now insured in mutual
companies enabled you to
secure
the
busmess for stock companies
Discount Plans Are Given i
Holds Outing at Freeport
CONTINUED CONTINUED FROM PAGE 29
The Freeport Motor Casualty held its annual agency meeting and golf outing
and experience of the agents of the at Freeport H. for agents in northern
will be helpful to the insurance
'
commissioner in making his decision as
Hlinois and Chicago arca
Paul F. Seitz president presided at
to the voll K.
future of the plan President CarSteele has sent out a question to
the meeting and reported healthy gains in business for the first five months of
tional
members of the Massachusetts Associa
1936. Gustave Bartels of the auto theft
theton tion
theton of Insurance Agents to be answered
Fitore July 17
The questions asked are
division of the states attorney's office Chicago described how thefts have been
of the
Rs follows
seduced and how insurance companies
cae
, the
ustic da
Toate DESAP
ferent
1
Have you any compensation risk
your territory which develops a
name of 5,000 or more
If so
prehow
any of those risks
po
Have you explained the retrospec-
f
bse plan of rating to any of your cus-
tomers or prospects in your territory
|
have
cooperated
by
reducing
rates
Special Agent Hoyman of the northern Hinois territory Leon F. Knipschild
claims department tary and treasurer
C. P. Young secreW. Richards and
Chas M. Fish underwriting department
also spoke
Gwas
ap |
he lat
who
are eligible
Have
any of the risks above re
to accepted the retrospective rat
The Insurance Women's Association of Portland Ore elected Mildred Coleman
as president
j
educed educed Rates
automobile liability insurance is one
Disease Rates Under New Illinois Law Are Given
3807
3822
3823
881 2883 1821 4024 4053 1054 1061 1062
Agricultural
Textile Printing
mi
Boulcharding
chinery
:
.
Boot or shoe machinerind
Condectioners Condectioners
maternels
Sewmg
machine machine mfg
Boulcharding
oe
:
machinerind machinerind mig
ee! ee me ne
Valve mig Battery mily
sae
-Storag
Thermometer mik
Automobile FII are
mfg
radiator
:
Automobile radiator
Automobile Automobile
mfg body
or
as
mfx -
waa
c
e
bee
,
Te,
fe ,
K
embl~-m
ple<NIA ,
Automobili
:
Automobili
body'
body'
mix
body'
fe
bodies
.
.
:
Acroplane uts
.
:
ue
a
mig
unroad 6
ee
wheel mig
mix
ue
products Brick and
stay products mix
>
Refractory Products R
a
China or tableware infe
43
Terra cotta fg
:
17
' Potteries
leod molde
re
Potteries -tness foth R
Plate
Class
glass
inte
mfx sheet
se
ee
oe
Glasswat
f eet blew ae
\
4111 GlassWN
Blg XOX
"
1299 Printing
"
4304 Newspaper bublishing "
4308 Linotype
on
hand complace poth
me
4100 Rubber reclaming reclaming
4117 Rubber hoot or
nlp
4420 Rubber tire
onfe
4139 Lacquer mfe
--
4140 1452
Pyroxylin Pyroxylm
mifg
..
; oils unfr
Cable insulation
.
Composition goods mf"
"
Leather
meg.
--mit.in --mit.in
.
4526
Acid mfulphuric
mfulphuric
Taint infg ~
Red or while Cleaning ev
lead myfi renovating
oulsb oulsb
surfaces
Street
or
of blogs
hond
consultan
consultan consultan
rock excavation
Whiting mix
5
pneumat
Tunneling not pneuma pnet umat
Shaft sluking
foe
Caisson pneumatic
Caisson
found tions
.
blogs
.
Jie 5 ae
-
27
9600 Taxidermists
.-
:
It is interesting to compare the H
nois rates with those in Whereas in Ilmois there
other
is a
states
rate
of
206 for foundries in California are two foundiy classifien
California there
sous
one of
which takes rate of 8a and the othem othem
3.29
se many rewards to the community ch earnestly attacks the Traffic ty Problem It is the duty of the I agent to make this known and
in its accomplishment
Huge Loss to State Fund
NEW YORK June 21- The 17
victim in the Roux apartment apartment builders se
collapse ched today The tractor and a number of
general
the sub
'
tractors on the job carried insurance in the New Yo
compensate k state fund
What the aggregate liabil y to the car rier for those killed and the consider
Fin
able number mured be conjectured now
will It
be can bound to
heavy
NKERS INDEMNITY
URANCE COMPANY
Pass Auto Inspection Bill
+!
NEWARK June 21.- wo moter hicle measures have been passed by 1:
heier New Jersey legislature ad and
Governor Hoffman for signature
heier
e
had the backing of casua ly compani^'s
One provides for the compulsory compulsory exara ination of automobiles while the other
gives motor vehicle secters poker
power
There
cents for the
will be a charge of
examination
of the
I
which must be paid by the owner
fine for the first offense all not exce
100 and 200 will be levied agamist
an
one refusing to make repairs or adres
ments suggested by the rests by inspectors may
nspecter Ar
be made on
for violations which occur on highw
Newark New Jersey
y Affiliate of The American Group
Los Angeles Stag Dinner
Casually & Suret Fiel M
Association of Los Angeles hell
a
|
dinner with E. Tucker special
nat
Globe Indemnity and presulent presulent
club presiding
Incorporate Bus Truck Agency
The Transportation Insurers of
mond Va has will specialize in
been incorporated a
writing motor bus 7
truck coverage
L.
Witherspoo
president
ae