INSURANCE. 1837

at rates less than are deemed in the opinion of said actuary adequate
for the protection of its contracts made with its policyholders, of the
fact of such report and advice; and shall thereupon, if such company shall
refuse or neglect to adjust its rates in accordance with the advice of said
actuary, cause an examination to be made into the affairs of said company,
and if the opinion of said actuary be sustained by the result of such ex-
amination, it shall be the duty of the commissioner to require said com-
pany to cease writing and issuing policies at rates so found to be insuffi-
cient. If said company continues the writing and issuing of such policies
after notice from the commissioner, then it shall be the duty of the com-
missioner to institute proceedings against said company as provided in
section 51 of this article.

1922, ch. 492, sec. 90.

93. Misrepresentation of Policy. No life, health or accident insurance
company, or officer, director, agent, solicitor or broker, or any person shall
make any misrepresentation, oral, written or otherwise, to any person for
the purpose of inducing or tending to induce such person to take out a
policy of life, health or accident insurance, or for the purpose of inducing
or tending to induce a policyholder in any company to lapse, forfeit or
surrender his insurance therein, or to refuse to accept a policy issued upon
an application thereof and to take out a policy of insurance in any other
company.

1922, ch. 492, sec. 91.

94. Fraud Practiced Against Company. Any agent, collector, phy-
sician, assured or other person who shall make, present or cause to be pre-
sented to any company, including fraternal beneficiary companies or asso-
ciations any false, dishonest or fraudulent certificate or report of death,
sickness or disability of any kind or nature, or any false, dishonest or
fraudulent claim for any death, sickness or disability benefit, or claim for
payment to or against any such company; or any agent or collector who
shall falsely represent or pretend to represent any such company, or who
shall collect or attempt to collect any premiums or moneys or do any busi-
ness of insurance without authority of the company for which he pre-
tends or claims to act, or who shall secure or obtain any cash or pecuniary
advantage from any such company by any false statement, or who shall
fail to turn over when required to do so, or satisfactorily account for all
collections for or on account of or property of any such company, shall be
deemed guilty of a misdemeanor.

1922, ch. 492, sec. 92.

95. Switching Policies. No agent, collector, solicitor or other em-
ployee or representative of any company issuing contracts providing for
sick, accident or death benefits and operating on the weekly or monthly in-
dustrial plan, shall be deemed the owner of any part of the weekly or
monthly debit collected by him or that may be under his charge, care, con-
trol or supervision, but each and every such debit shall be deemed wholly