New York in whole or in part, have insured the liability for such compensation; Provided, however, that payment in whole or in part of such compensation by either the employer, or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other, of the amount so paid." NEVADA The only way in which an employer can adopt the compensation principle in Nevada is by making contributions to the State Insurance fund. NEW HAMPSHIRE Any employer to take advantage of the provisions of the Act, must either satisfy the Commissioner of Labor that he is of sufficient financial ability to comply with the Act, or must file a bond "in such form and amount as the commissioner may prescribe." This bond may be enforced by the Commissioner of Labor, "for the benefit of all persons to whom such employer may become liable under this Act in the same manner as probate bonds are enforced." F 3. NEW JERSEY There is no provision in the New Jersey Act on this subject. NEW YORK Employers of workmen specified in § 2 of the Act are brought within its terms by compulsion and are subject to the compensation features of the Act whether they insure or not. They are required, however, to insure and a penalty is inflicted for failure to do so. This penalty is a double one. A failure to insure gives the employé the right to elect, after the accident, whether he will claim compensation or common law damages, and if he claims damages the employer is not permitted in such a suit to set up the ordinary common New York law defenses. §§ 11 and 52. Besides this, the employer is liable to a penalty during his failure to insure of one dollar for every employé. § 50. The provisions of the Act relating to insurance will be found below. "§ 50. Security for payment of compensation. An employer shall secure compensation to his employés in one of the following ways: "1. By insuring and keeping insured the payment of such compensation in the state fund, or "2. By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association authorized to transact the business of workmen's compensation insurance in this State. If insurance be so effected in such a corporation or mutual association the employer shall forthwith file with the commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual association together with a copy of the contract or policy of insurance. "3. By furnishing satisfactory proof to the commission of his financial ability to pay such compensation for himself, in which case the commission may, in its discretion, require the deposit with the commission of securities of the kind prescribed in section thirteen of the insurance law, in an amount to be determined by the commission, to secure his liability to pay the compensation provided in this chapter. "If an employer fail to comply with this section, he shall be liable to a penalty during which such failure continues an amount equal to the pro rata premium which would have been payable for insurance in the State fund for such period of non-compliance, to be recovered in an action brought by the commission. "The commission may, in its discretion, for good cause shown, remit any such penalty, provided the employer in default secure compensation as provided in this section. "§ 51. Posting of notice regarding compensation. Every employer who has complied with section fifty of this chapter shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed notices in form prescribed by the commission, stating the fact that he has complied with all the rules and regulations of New York the commission and that he has secured the payment of compensation to his employés and their dependents in accordance with the provisions of this chapter. "§ 52. Effect of failure to secure compensation. Failure to secure the payment of compensation shall have the effect of enabling the injured employé or his dependents to maintain an action for damages in the courts, as prescribed by section eleven of this chapter. "§ 53. Release from all liability. An employer securing the payment of compensation by contributing premiums to the state fund shall thereby become relieved from all liability for personal injuries or death sustained by his employés, and the persons entitled to compensation under this chapter shall have recourse therefor only to the state fund and not to the employer. An employer shall not otherwise be relieved from the liability for compensation prescribed by this chapter except by the payment thereof by himself or his insurance carrier. "§ 54. The insurance contract. 1. Right of recourse to the insurance carrier. 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 enforce in the name of the people of the State of New York for the benefit of the person entitled to the compensation insured by the policy either by filing a separate 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 insurance carrier shall to the extent thereof be a bar to the recovery against the other of the amount so paid. "2. Knowledge and jurisdiction of the employer extended to cover the insurance carrier. Every such policy shall contain a provision that, as between the employé 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 Ohio carrier; that jurisdiction of the employer shall, for the purpose of this chapter, 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 chapter. "3. Insolvency of employer does not release the insurance carrier. Every such policy shall contain a provision to the effect that the insolvency or bankruptcy of the employer shall not relieve the insurance carrier from the payment of compensation for injuries or death sustained by an employé during the life of such policy. "4. Limitation of indemnity agreements. 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 employé by accidental means, or on account of the negligence of such employer or his officer, agent or servant, shall be absolutely void unless it shall also cover liability for the payment of the compensation provided for by this chapter. "5. Cancellation of insurance contracts. No contract of insurance issued by a stock company or mutual association against liability arising under this chapter 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 partnership, 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." OHIO Employers may either go into the State Fund or, in certain cases, by approval of the Industrial Commission, may Texas carry their own insurance. If they decide to carry their own insurance they must give a bond, but this is not an insurance contract. They may insure if they so desire, in addition to giving the bond, but they are not required to do so. OREGON The only manner in which employers can adopt the compensation principle is by making contributions to the State insurance fund. RHODE ISLAND There is no provision in the Act on this subject. TEXAS The only manner in which the employer can adopt the compensation principle is by becoming a "subscriber." This means that he must take a policy in the Texas Employers' Insurance Association, which is created under the Act (see Part III), or take a policy in a liability insurance company authorized to do business in the State of Texas. Part IV, § 2. "Part IV, § 2. Any insurance company, which term shall include mutual and reciprocal insurance companies lawfully transacting a liability or accident business within this State, shall have the same right to insure the liability to pay the compensation, provided for by Part I of this Act, and when such company issues a policy conditioned to pay such compensation the holder of such policy shall be regarded as a subscriber so far as applicable under this Act; and when such company insures such payment of compensation it shall be subject to the provisions of Parts I, II and IV of sections 10, 17 and 21 of Part III of this Act, and shall file with the Commissioner of Banking and Insurance its classification of premiums none of which shall take effect until the Commissioner of Banking and Insurance has approved same |