688. Commissioner to prescribe form and furnish blanks for returns. It is the duty of the insurance commissioner to furnish blank forms for statements, which forms may be changed by him from time to time when necessary to secure full information as to standing, condition, and such other information desired of companies under his department. The following, or such other forms as he prescribes, shall be used:

1. Return of stock companies, other than life companies.

1. State the name of company. 2. Where located. 3. When incorporated, and for what period. 4. Amount of capital. 5. Amount of capital actually paid in. 6. Cash value of real estate owned. 7. Amount loaned on mortgage on real estate. 8. Amount and description of each kind of bonds and stocks owned, with par and market value. 9. Amount loaned on collateral, with par and market value of each security pledged. 10. Amount of cash on hand. 11. Amount of gross premiums in course of collection. 12. Amount of bills receivable, not matured, taken for premiums. 13. Amount of all other property or investments. 14. All outstanding losses. 15. Amount of unearned premiums on policies in force. 16. All other liabilities and claims. against the company. 17. Amount of cash received for premiums. 18. Amount of notes received for premiums. 19. Amount received for interest and rents. 20. Amount of income received from all other sources. 21. Amount paid for losses. 22. Amount paid for dividends. 23. Amount paid for expenses. 24. All other expenditures. 25. Amount of risks written, terminated, and in force with gross premiums thereon.

2. Return of mutual companies, other than life.

1. State the name of company. 2. Where located. 3. When incorporated, and for what period. 4. Amount of guaranteed capital, if any. 5. Cash value of real estate owned. 6. Amount loaned on mortgage of real estate. 7. Amount and description of each kind of stocks and bonds owned, with par and market value. 8. Loans, on collateral, with par and market value of each security pledged. 9. Cash in office and in bank. 10. Gross premiums in course of collection. 11. All other loans, investments, and property. 12. Premium notes liable to assessment. 13. Amount of scrip outstanding. 14. All outstanding losses. 15. Unearned premiums. 16. Dividends declared and unpaid. 17. Bor

rowed money. 18. All other liabilities and claims against the company. 19. Cash received for premiums. 20. Cash received for interest and rent. 21. Premium notes received. 22. Income from all other sources. 23. Amount paid for losses. 24. Amount paid for expenses. 25. Surplus returned to policyholders. 26. All other expenditures. 27. Scrip dividends declared. 28. Amount of risks written, terminated, and in force, with gross premiums thereon.

3. Return of life insurance companies.

1. The name of the company. 2. Where located. 3. When incorporated, and for what period. 4. Amount of capital stock or guaranteed fund. 5. Cash value of real estate owned. 6. Amount loaned on mortgages of real estate. 7. Amount and description of each kind of bonds and stocks owned, with their par and market value. 8. Loans on collateral, with par and market value of each security pledged. 9. Cash in bank and in office. 10. Premium notes and loans on policies in force. 11. Outstanding and deferred premiums on policies in force. 12. All other loans, investments, and property. 13. All outstanding losses and policy claims. 14. Dividends of surplus due policyholders. 15. Forfeitures and surplus accrued, held for and to be divided to any special class of policyholders; surplus accrued in policies in force not yet distributed. 16. All other liabilities and claims against the company. 17. Cash received for premiums. 18. Cash received for interest and rents. 19. Income from all other sources. 20. Amount paid for losses and claims. 21. Dividends of surplus to policyholders. 22. Amount paid for expenses. 23. All other expenditures. 24. Number, date, amount, and kind of each outstanding policy not heretofore returned, gross premium thereon, and age of the insured. 25. Number, date, and amount of each policy, which has within the year ceased to be in force, now terminated, what has been paid to the legal holder of the policy, and the age of the insured.

C. S., s. 6279; Rev., s. 4708; 1899, c. 54, s. 104.

689. Annual statements to be filed with commissioner. Every insurance company, association, or order-domestic, through its officers, and foreign, through its general agent-shall file in the office of the insurance commissioner, on or before the first day of March in each year, in form and detail as the insurance com

missioner prescribes, a statement showing the business standing and financial condition of such company, association, or order on the preceding thirty-first day of December, signed and sworn to by the chief managing agent or officer thereof, before the insurance commissioner or some officer authorized by law to administer oaths. The insurance commissioner shall, in December of each year, furnish to each of the insurance companies authorized to do business in the state two or more blanks adapted for their annual statements.

C. S., s. 6280; Rev., s. 4698; 1899, c. 54, ss. 72, 73, 83, 97, 90; 1901, c. 706, s. 2; 1903, c. 438, s. 9.

690. Punishment for making false statement. If any insurance company in its annual or other statement required by law shall wilfully misstate the facts, the insurance company and the person making oath to or subscribing the same shall severally be punished by a fine of not less than five hundred nor more than one thousand dollars.

C. S., s. 6281; Rev., s. 3493; 1899, c. 54, s. 97.

691. Commissioner to examine statements and publish abstracts. It is the duty of the insurance commissioner to receive and thoroughly examine each annual statement required by this chapter, and, if made in compliance with the laws of this state, to publish, at the expense of the company, an abstract of the same in one of the newspapers of the state, which newspaper may be selected by the general agent making the statement, if within thirty days after the filing of the statement he notifies the insurance commissioner, in writing, of the name of the paper selected by him.

C. S., s. 6282; Rev., s. 4699; 1899, c. 54, s. 74; 1901, c. 391, s. 6.

ART. 3. GENERAL REGULATIONS FOR INSURANCE.

692. State law governs insurance contracts. All contracts of insurance on property, lives, or interests in this state shall be deemed to be made therein; and all contracts of insurance the applications for which are taken within the state shall be deemed to have been made within this state and are subject to the laws thereof.

C. S., s. 6287; Rev., s. 4806; 1899, c. 54, s. 2; 1901, c. 705, s. 1.

Insurance § 712. A certificate in a mutual benefit association issued to a citizen of North Carolina is deemed to have been made within the state and subject to its laws.-Williams v. Supreme Conclave Improved Order of Heptasophs, 172 N. C. 787, 90 S. E. 888.

Insurance § 712. A contract between a foreign mutual benefit association and a member taking out a policy through a domestic lodge is a North Carolina contract governed by the North Carolina statutes in force when he became a member.-Wilson v. Supreme Conclave Improved Order of Heptasophs, 174 N. C. 628, 94 S. E. 443.

Insurance § 712. A provision in a contract of insurance that, "This contract shall be governed by, subject to and construed only according to the laws of the State of New York, the place of this contract being expressly agreed to be the home office of said association in the city of New York,' is void so far as the courts of this state are concerned.-Blackwell v. Mutual Reserve Fund Life Ass'n, 141 N. C. 117, 53 S. E. 833.

Section referred to in Cottingham v. Maryland Motor Car Ins. Co., 168 N. C. 259, 84 S. E. 275.

693. No insurance contracts except under this chapter. It is unlawful for any company to make any contract of insurance upon or concerning any property or interest or lives in this state, or with any resident thereof, or for any person as insurance agent or insurance broker to make, negotiate, solicit, or in any manner aid in the transaction of such insurance, unless and except as authorized under the provisions of this chapter.

C. S., s. 6288; Rev., s. 4807; 1899, c. 54, s. 2.

694. Statements in application not warranties. All statements or descriptions in any application for a policy of insurance, or in the policy itself, shall be deemed representations and not warranties, and a representation, unless material or fraudulent, will not prevent a recovery on the policy.

C. S., s. 6289; Rev., s. 4808; 1901, c. 705, s. 2.

Insurance §§ 687, 723. Section is applicable to certificate of fraternal benefit association incorporated under the laws of another state, providing for death benefits in excess of $300.00.-Gay v. Woodmen of the World, 179 N. C. 210, 102 S. E. 195.

Insurance § 668. Whether the hernia which insured had when he stated he was in sound condition was of such nature as to render him unsound is a question of fact for the jury.-Hines v. New England Casualty Co., 172 N. C. 225, 90 S. E. 131.

Insurance § 330. Under a policy of insurance prohibiting incumbrances or changes in title or interest, a chattel mortgage held merely to suspend the insurance, which, therefore, revived upon payment and cancellation of the mortgage.-Cottingham v. Maryland Motor Car Ins. Co., 168 N. C. 259, 84 S. E. 274.

Insurance § 292. Where an applicant for life insurance stated he had not consulted a physician for two years preceding the application, but the evidence showed that he had been under treatment of several physicians during those two years, such misrepresentation was material, and avoids the policy. Schas v. Equitable Life Assur. Society, 166 N. C. 55, 81 S. E. 1014; Bryant v. Metropolitan Life Ins. Co., 147 N. C. 181, 60 S. E. 983.

Master & Servant § 78. Contract of membership in a railroad company's relief department held not a contract of insurance within this section; and a knowingly false statement did not defeat a recovery unless made to deceive and fraudulently mislead the company.-Daughtridge v. Atlantic Coast Line R. Co., 165 N. C. 188, 80 S. E. 1080.

Insurance § 299. Where an applicant for insurance falsely stated that within a year he had not been intimately associated with any one'suffering from a transmissible disease, such misrepresentation avoiding the policy, unless the insurer waived the same with full knowledge of the facts.Gardner v. North State Mut. Life Ins. Co., 163 N. C. 367, 79 S. E. 806.

Insurance § 300. A misrepresentation by an applicant for life insurance that he had never been examined for insurance and rejected is material, and, if false, avoids the policy.-Hardy v. Phoenix Mut. Life Ins. Co., 167 N. C. 569, 83 S. E. 801.

Insurance § 291. A statement in an application for life insurance that applicant had never had any disease of the kidneys is a material representation; and the untruth of which is a defense to the policy, irrespective of fraud.-Alexander v. Metropolitan Life Ins. Co., 150 N. C. 536, 64

S. E. 432.

695. Stipulations as to jurisdiction and limitation of actions. No company or order, domestic or foreign, authorized to do business in this state under this chapter, may make any condition or stipulation in its insurance contracts concerning the court or jurisdiction wherein any suit or action thereon may be brought, nor may it limit the time within which such suit or action may be commenced to less than one year after the cause of action accrues or to less than six months from any time at which a plaintiff takes a nonsuit to an action begun within the legal time. All conditions and stipulations forbidden by this section are void.

C. S., s. 6290; Rev., s. 4809; 1899, c. 54, ss. 23, 106; 1901, c. 391, s. 8. Insurance § 622. The provision that no company or order shall make any conditions in its insurance contract limiting the time within which suit may be brought to less than one year, is in furtherance of police power of the state, and all contracts covered by its terms are subject to its provisions, and are in no way modified or affected by the provision in a bond that obligations of surety shall be construed strictly as one of suretyship only. Guilford Lumber Mfg. Co. v. Johnson, 177 N. C. 44, 97 S. E. 732.

Insurance § 622. The provision of a fire policy requiring action within 12 months after the fire is reasonable and valid.-Holly v. London Assur. Corporation, 170 N. C. 4, 86 S. E. 694.

Insurance § 812. Benefit society laws limiting the bringing of actions on certificates to one year from accruing of action is valid.-Faulk v. Fraternal Mystic Circle, 171 N. C. 301, 88 S. E. 431.

Insurance § 622. Where indemnity bond limited time for actions to 6 months after time for filing claim, and gave the employee thirty days in which to make good any loss, it is held that the employer could sue within one year and thirty days after the discovery of a default.-Dixie Fire Ins. Co. v. American Bonding Co., 162 N. C. 385, 78 S. E. 430.