Page images
PDF
EPUB

pare and furnish upon request suitable blank forms of application for the certificates required by this article.

C. S., s. 6384; 1913, c. 182, s. 2:

780. Application for certificate by agent. Every individual, partnership, association, or corporation desiring or intending to sell or to offer for sale in this state the securities of insurance corporations or of any holding or promoting corporations shall file with the insurance commissioner an application for a certificate of such authority. This application must contain a statement, verified by oath, setting forth the name and address of the applicant, previous business experience, date and place of birth or organization and such other information as the commissioner requires. It is the duty of the commissioner to examine the application and to make any further inquiry or examination of the applicant as he deems advisable. If upon examination the commissioner finds the applicant, or if a corporation, the officers and directors. thereof, to be trustworthy persons of good business credit, he may issue to the applicant a certificate of authority to sell or offer for sale in this state the securities of any insurance corporation, and of any promoting or holding corporation previously authorized under this article, which shall be mentioned therein.

C. S., s. 6385; 1913, c. 182, s. 3.

781. Application for certificate by corporation. Every such unauthorized insurance corporation, and every promoting or holding corporation, whose securities are offered for sale in this state, must file with the insurance commissioner copies of all securities to be offered for sale, and an application for certificate of authority under this article which shall contain a statement in detail of the plans and purposes of such corporation, the amount and par value of the securities to be offered for sale, and the selling price thereof, the manner in which the money paid in therefor is to be spent or employed, the rate of commission to be paid for the sale of such securities, the salaries to be paid to the officers of such corporation, and such other information as the insurance commissioner requires. No change shall thereafter be made in the form or character of the securities to be offered for sale, or in the plans or purposes of any such corporation, without the approval thereof in writing by the commissioner. It is the duty of the commissioner to examine the application and other documents filed, and to make any further inquiry or examination of the corporation as he deems advisable. If upon examination the commissioner finds that the plans and purposes of the corporation are

proper, that its condition is satisfactory, that the amount of its securities is reasonable, that the price at which such securities are to be sold is adequate, and that the manner in which the money paid in therefor, the rate of commissions to be paid and the salaries of officers are fair, he may issue a certificate that the corporation has complied with all the provisions of this article, and is authorized to sell or offer its securities for sale in this state. C. S., s. 6386; 1913, c. 182, s. 4.

782. Approval of advertising matter; misrepresentation. No printed matter may be used in connection with the sale of securities of any such promoting, holding, or insurance corporation, for advertising purposes, or in the dissemination of information with reference thereto, unless it is first submitted to the insurance commissioner and approved by him in writing. No such corporation, and no officer, director, or agent thereof, or any other person, copartnership, association, or corporation may issue, circulate, or employ or cause or permit to be used, issued, circulated, or employed any circular or statement, whether printed or oral, misrepresenting or exaggerating the earnings of insurance corporations or the value of their corporate stock or other securities, or the profits to be derived either directly or indirectly from the organization and management of insurance corporations, or of organizing or holding corporations. No insurance or other corporation, and no individual, copartnership, or association transacting business in this state shall place or offer to place insurance in any corporation in connection with the, sale or purchase of the securities of any insurance corporation or of any promoting or holding corporation.

C. S., s. 6387; 1913, c. 182, s. 5.

ART. 13. RATE-MAKING COMPANIES.

783. Information to be filed with insurance commissioner. Every corporation, association, board, or bureau which now exists or hereafter may be formed, and every person who maintains, or hereafter may maintain, a bureau or office for the purpose of suggesting, approving or making rates to be used by more than one underwriter for insurance, including surety bonds, on property or risks of any kind located in this state, shall file with the insurance commissioner a copy of the articles of agreement, association, or incorporation and the by-laws and all amendments thereto under which such person, association, or bureau operates

or proposes to operate, together with his or its business address and a list of the members or insurance corporations represented or to be represented by him or it, as well as such other information concerning such rating organization and its operations as may be required by the insurance commissioner.

C. S., s. 6388; 1913, c. 145, s. 1; 1915, c. 166, s. 8.

784. Examination by insurance commissioner; reports. Every such person, corporation, association, or bureau, whether before or after the filing of the information specified in the preceding section, shall be subject to the visitation, supervision, and examination of the insurance commissioner, who shall cause to be made an examination thereof as often as he deems it expedient, and at least once in three years. For such purpose he may appoint as examiners one or more competent persons, and upon such examination he, his deputy, or any examiner authorized by him shall have all the powers given to the insurance commissioner, his deputy, or any examiner authorized by him by law, including the power to examine under oath the officers and agents and all persons deemed to have material information regarding the business or manner of operation by every such person, corporation, association, bureau, or board. The insurance commissioner shall make public the results of such examination, and shall report to the legislature in his annual report on the methods of such rating organization and the manner of its operation.

C. S., s. 6389; 1913, c. 145, s. 2.

785. Schedule of rates filed. Every such person, corporation, association, or bureau, as well as every insurance company doing business in the state, shall file with the insurance commissioner, whenever he may call therefor, any and every schedule of rates or such other information concerning such rates as may be suggested, approved, or made by any such rating organization for the purposes specified in section 6388 (herein 783), or by such company for its own use.

C. S., s. 6390; 1913, c. 145, s. 3; 1915, c. 166, s. 8.

786. Certain conditions forbidden; no discrimination. No such person, corporation, association, or bureau shall fix or make any rate or schedule of rates which is to or may apply to any risk within this state, on the condition that the whole amount of insurance on such risk or any specified part thereof shall be placed at such rates, or with the members of or subscribers to such rating organization; nor shall any such person, association, or cor

poration authorized to transact the business of insurance within this state, fix or make any rate or schedule of rates or charge a rate which discriminates unfairly between risks within this state of essentially the same hazard, or if such rate be a fire insurance rate, which discriminates unfairly between the risks in the application of like charges or credits or which discriminates unfairly between risks of essentially the same hazards and having substantially the same degree of public protection against fire. Whenever it is made to appear to the satisfaction of the insurance commissioner that such discrimination exists, he may, after a full hearing, either before himself or before any salaried employee of the insurance department whose report he may adopt, order such discrimination removed; and all such persons, corporations, associations, or bureaus affected thereby shall immediately comply therewith; nor shall such persons, corporations, associations, or bureaus remove such discrimination by increasing the rates on any risk or class of risks affected by such order unless it is made to appear to the satisfaction of the insurance commissioner that such increase is justifiable.

C. S., s. 6391; 1913, c. 145, s. 4.

787. Record to be kept; hearing on rates. Every such rating organization shall keep a careful record of its proceedings and shall furnish upon demand to any person upon whose property or risk a rate has been made, or to his authorized agent, full information as to such rate, and if such property or risk be rated by schedule, a copy of such schedule; it shall also provide such means as may be approved by the insurance commissioner whereby any person affected by such rate may be heard, either in person or by agent, before the governing or rating committee or other proper executive of such rating organization on an application for a change in such rate.

C. S., s. 6392; 1913, c. 145, s. 5.

788. Hearing on rates before insurance commissioner. Any person, firm, or corporation aggrieved by any rating of a fire insurance company, bureau, or board, may file a complaint in writing with the insurance commissioner stating in detail the grounds. upon which the complainant asks relief. The commissioner shall set a time, not earlier than seven days after the date of the notice, and a place for a hearing upon the complaint. After due hearing

the commissioner shall make a finding as to whether the estab lished rate is excessive or unfair, and shall make such recommendations as he deems advisable. The finding and recommendations in each case shall be made a matter of record, and shall be open to public inspection.

C. S., s. 6393; 1915, c. 166, s. 8.

789. Certain insurance contracts excepted. This article shall not apply to any contract of life insurance, nor to any contract of insurance upon or in connection with marine or transportation risks or hazards other than contracts for automobile insurance, nor to contracts of insurance upon property or risks located without this state, nor to contracts made by persons, partnerships, associations, or corporations authorized to do business on the mutual or co-operative plan as associations or societies, nor title and credit insurance.

C. S., s. 6394; 1913, c. 145, s. 6.

ART. 14. REAL-ESTATE TITLE INSURANCE COMPANIES.

790. Purposes of organization. Companies may be formed in the manner provided in this subchapter, with a capital of not less than fifty thousand dollars nor more than two hundred and fifty thousand dollars, for the purpose of examining titles to real estate, of furnishing information in relation thereto, and of insuring owners and others interested therein against loss by reason of encumbrances and defective title. Such companies shall not be subject to the provisions of this chapter except as regards the manner of their formation and as provided in this article. C. S., s. 6395; Rev., s. 4745; 1899, c. 54, s. 38; 1901, c. 391, s. 3. 791. Certificate of authority to do business. Before any such company may issue any policy or make any contract or guarantee of insurance, it shall file with the insurance commissioner a certified copy of the record or the certificate of its organization in the office of the secretary of state, and obtain from the insurance commissioner his certificate that it has complied with the laws applicable to it and that it is authorized to do business.

C. S., s. 6396; Rev., s. 4745; 1899, c. 54, s. 38; 1901, c. 391, s. 3.

792. Annual statement and license required. Every such corporation shall, on or before the thirtieth day of January of each year, file in the office of the insurance commissioner a statement,

« EelmineJätka »