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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3663   View pdf image (33K)
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WORKMEN'S COMPENSATION 3663

company and association and the State Industrial Accident Commission
may prohibit such self-insurer from carrying its own insurance.

This section referred to. See notes to sec. 15. U. S. F. & G. Co. v. Taylor, 132 Md. 517.

Cited in Hurt v. Casualty Ins. Co., 175 Md. 411.

See notes to secs. 18 and 48.

An. Code, 1924, sec. 30. 1912, sec. 30. 1914, ch. 800, sec. 30.

31. Every policy of insurance covering the liability of the employer
for compensation issued by a stock company or by a mutual association
authorized to transact workmen's compensation insurance in this State,
shall contain a provision setting forth the right of the Commission to en-
force in the name of the State of Maryland for the benefit of the person
entitled to the compensation insured by the policy either by filing a sepa-
rate application or by making the insurance carrier a party to the original
application, the liability of the insurance carrier in whole or in part for
the payment of such compensation; provided, however, that payment in
whole or in part of such compensation by either the employer or the insur-
ance carrier shall to the extent thereof be a bar to the recovery against the
other of the amount so paid.

Every such policy shall contain a provision that, as between the employee
and the insurance carrier, the notice to or knowledge of the occurrence of
the injury on the part of the employer shall be deemed notice or knowledge,
as the case may be, on the part of the insurance carrier; the jurisdiction of
the employer shall, for the purpose of this article, be jurisdiction of the
insurance carrier and that the insurance carrier shall in all things be bound
by and subject to the orders, findings, decisions or awards rendered against
the employer for the payment of compensation under the provisions of this
article.

Every such policy shall contain a provision to the effect that the insol-
vency or bankruptcy of the employer shall not relieve the insurance carrier
from the payment of compensation for injuries or death sustained by an
employee during the life of such policy.

Every contract or agreement of an employer the purpose of which is to
indemnify him from loss or damage on account of the injury of an employee
by accidental means, or on account of the negligence of such employer or
his officer, agent or servant, if engaged in extra-hazardous employment,
shall be absolutely void unless it shall also cover liability for the payment
of the compensation provided for by this Article.

No contract or insurance issued by a stock company or mutual association
against liability arising under this Article shall be cancelled within the time
limited in such contract for its expiration until at least ten days after notice
of intention to cancel such contract, on a date specified in such notice, shall
be filed in the office of the Commission and also served on the employer.
Such notice shall be served on the employer by delivering it to him or by
sending it by mail, by registered letter, addressed to the employer at his or
its last known place of residence; provided, that if the employer be a part-
nership, then such notice may be so given to any one of the partners, and if
the employer be a corporation, then the notice may be given to any agent or
officer of the corporation upon whom legal process may be served.

Where policy cancelled and new policy issued at suggestion of insured, with insurer's
consent, and notice given commission prior to accident, provision as to notice of can-
cellation held not controlling; notice waived. Eurich v. General Casualty Co., 152
Md. 213.

This section referred to in construing secs. 14, 49, et seq. Owners' Realty Co. v,
Bailey, 157 Md. 143.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3663   View pdf image (33K)
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