Approval. May require filing of schedules. May examine bureau. Powers of commissioner. Refusal to furnish information a misdemeanor. Excessive rates prohibited. schedules used by it in figuring rates and of all rules or practices pertaining to the final rate, including all amendments thereto, rules and regulations thereunder, and all interpretations thereof, and of its instructions to its agents, inspectors or other employes in relation to the application thereof; and shall also, from time to time as the same are made, furnish said commissioner with true copies of all new changes, modifications, additions thereto or interpretations thereof. No such filings shall be effective or be employed in this state unless and until approved by said commissioner, and the commissioner shall, after reasonable notice and hearing thereon, have the authority to disapprove any particular part, rule, requirement or interpretation pertaining to such filings and to approve the rest, or to revoke his approval once given to the whole or any part of such filings, upon further consideration, in which case he shall notify the bureau of his action; and no such bureau shall thereafter use or employ any schedule, rule, interpretation, or part thereof, so disapproved. SEC. 9. The commissioner of insurance may address inquiries to any rating bureau which is or has been engaged in making rates or estimates for rates for fire insurance upon property of this state, in relation to the organization, maintenance or operation, or any other matter connected with its transactions, and shall require the filing of schedules, rates. forms, rules, regulations and such other information as may be required, and it shall be the duty of each such rating bureau to promptly make such filing or reply to such inquiries in writing. The commissioner of insurance shall have the power to examine any such rating bureau as often as he deems it expedient to do so, and shall have access to all the books, determinations, documents, schedules, forms and records of such bureau for the purpose of obtaining information for the use of the state. The commissioner shall have the same power of examination and inspection of such bureaus as is vested in him by this act with respect to insurance companies. Any owner, officer, or employe of any such bureau who refuses to permit any such examination or inspection or who wilfully hinders or delays the same, or who refuses to furnish the commissioner any information in his possession or under his control, as provided for herein, shall be deemed guilty of a misdemeanor and in addition thereto the license of such bureau or the owner, officer or employe thereof, or all of them may be revoked or suspended by the commissioner as in other cases. SEC. 10. No fire insurance company or other insurer against the risk of fire or lightning shall fix or charge any rate for fire insurance upon property in this state which is excessive or which discriminates unfairly between risks in the application of like charges and credits, or which discriminates unfairly between risks of essentially the same hazards, wherever located, regard being had to the relative degree of protection against fire, or which discriminates unfairly against or in favor of classes, or communities as a whole. Every rating revoked, etc. bureau that fixes, finds, or advises any insurance company When license to charge any rate for fire insurance upon any property in this state which is excessive or which is discriminatory within the meaning of this chapter, shall be liable to having its (or his) license revoked or suspended by the commissioner of insurance as in other cases, in addition to any other penalties prescribed in this chapter. deviation. SEC. 11. Any deviation of any insurance company or in- Uniform surer from the schedule of rates established by such company shall be uniform in its application to all of the risks in the class for which the deviation is made, and no such uniform deviation shall be effective unless notice thereof and the reason therefor shall be filed with the commissioner of insurance, and has been approved by him. rating compose. complaint whom notice. SEC. 12. The attorney general, the commissioner of bank- Insurance ing and the commissioner of insurance, as chairman thereof, commission, shall constitute a commission to be known as the insurance who to rating commission, and upon written complaint being filed Hearing in the office of such commissioner of insurance or upon his upon own information that discrimination in rates exists between risks, in the application of rules of classification or of like charges and credits, or between risks of essentially the same hazard, wherever located, regard being had to the relative degree of protection against fire, or in any other manner prohibited by this act, such commissioner of insurance may order a hearing before such commission for the purpose of determining such questions of discrimination. In any pro- Against ceeding authorized by this section, complaint may be made made. against either the insurance company or companies or the bureau concerned as the case may be, in making, fixing, finding, promulgating or charging the rate or rating complained of. The review of such rate before said commission shall be Review, had only after ten days' notice to all parties immediately interested; and if, upon such hearing, the commission shall determine that said rate is discriminatory, it shall have power to order the discrimination removed; but no such discrimination shall be removed by increasing the rate or rates on any risk or class of risks affected by such order unless it shall be made to appear to the commission that such increase is justifiable. Any rate which is excessive or inadequate as the When rate case may be shall be prima facie deemed to be discriminatory. criminatory. The commissioner of insurance shall not be disqualified in any such hearing or proceeding by reason of being the real or nominal complaining party. Said commission may make and May make enforce all necessary rules and regulations as to matters of practice before it, and shall have the right to summon witnesses to appear before it in any matter under its jurisdiction, and to swear and compel them to testify; and in any Refusal of case where a witness duly summoned shall refuse to testify testify. or to answer questions put to him, shall have the right to apply to any circuit court in whose jurisdiction such hearing is being held for a writ of attachment against such witness, deemed dis rules, etc. witness to Witness fees, payment of. Suspension, cause for. Proviso. review by certiorari. Deposit by company. and in such case the court shall issue its order compelling such witness to appear or testify as the case may be, as provided in like cases in the judicature act of this state. Whenever it becomes necessary to summon any witness, the chairman of such commission shall so certify to the auditor general, and he shall issue his warrant upon the state treasurer for the estimated expense of fees and compensation of such witness, payable out of the general fund to the said chairman, who shall be responsible for the proper summoning and payment of such witness. SEC. 13. Any violation of the provisions of this chapter by any fire insurance company or other insurer authorized to effect insurance against the risk of loss or damage by fire or lightning in this state or by any rate-making bureau or officer or agent of either, shall be cause for suspension of the authority of such company, insurer, rate-making bureau or agent to transact any business in this state until it or he shall have paid to the commissioner of insurance for the use and benefit of this state a penalty of not more than two hundred dollars for each violation, which penalties shall be assessed by the said commissioner of insurance, or the court, which ever has jurisdiction of the matter or thing complained of and determined as the case may be: Provided, That any action taken by the commissioner of insurance under the provisions of section three or section four-a, or by the insurance rating commission under section twelve of this chapter shall be subject to review by certiorari in the circuit court for Ingham county, but no order of the said commissioner or commission shall be deemed to be suspended by reason of the issuance of such writ of certiorari unless the applicant for such writ shall provide a bond with such sureties and in such sum as the court shall fix and approve conditioned upon the payment by such applicant of all penalties and costs awarded or assessed against it in the final hearing, and the repayment by such applicant of such sum or sums of money to policy holders involved in or af fected by such decision, which bond and the sureties thereon shall be first approved by the circuit judge and filed as in other cases. In addition to such bond, the company or companies securing such stay shall file a statement with the court showing the name and address and policy number of every policy holder in the class affected by such order, and shall deposit as the court may order a sufficient sum of money to make restitution to such insured parties of the amount of the excess of the premium collected as found by the commissioner or commission as the case may be, and upon the final judgment of the court, shall make any and all repayments as shall be ordered by the court in accordance with its findings and judgment thereon. Reasonable costs may be awarded by the commissioner or commission or court, in any hearing or review had under this chapter. Approved April 2, 1923. [No. 13.] AN ACT to amend section five of chapter sixty-seven of act number three hundred fourteen of the public acts of nineteen hundred fifteen, known as "The judicature act of nineteen hundred fifteen," being section fourteen thousand one hundred eighty-two of the compiled laws of nineteen hundred fifteen, as amended by act number four hundred sixteen of the public acts of nineteen hundred nineteen, approved May thirteen, nineteen hundred nineteen, and to repeal all acts or parts of acts inconsistent herewith. The People of the State of Michigan enact: amended. SECTION 1. Section five of chapter sixty-seven of act num- Section her three hundred fourteen of the public acts of nineteen hundred fifteen, known as "The judicature act of nineteen hundred fifteen," being section fourteen thousand one hundred eighty-two of the compiled laws of nineteen hundred fifteen, as amended by act number four hundred sixteen of the public acts of nineteen hundred nineteen, approved May thirteen, nineteen hundred nineteen, is hereby amended to read as follows: summons, etc. SEC. 5. In all justices' courts in this state authorized by Justice clerk law to appoint or elect a clerk, or where said clerk is other may sign wise appointed or elected, the name of the justice of the peace of said court may be written upon all summonses and garnishee summonses, transcripts, returns on appeal, appointments of next friend and subpoenas in the following form: Form of. John Doe, Justice of the Peace, By.... Clerk or Deputy Clerk. The clerks or the deputy clerks of said courts are hereby authorized to sign the name of the justice of the peace upon all such documents, papers and process and the same, when so signed, shall have full force and effect as if signed by the justice of the peace of such court. In justices' courts hav ing a clerk and deputies, and three or more justices, the clerk or any of his deputies may be authorized by rule of the court to sign dockets and executions in the same manner and with like effect as is provided for above for signing subpoenas and other papers. rules, etc., etc. In justices' courts having a clerk and three or more jus- May adopt tices, such justices may, by a majority vote, adopt rules pro- relative to viding for the organization of such courts and the procedure procedure, and practice therein. Such rules shall not, except as hereinafter provided, be inconsistent with general or special acts applicable in the premises. Such rules shall not become ef- When fective until they shall have been printed in some newspaper circulating in the township or municipality in which such court is established at least six days in succession, and placed effective. Expense of defrayed. Presiding justice. Powers of. Writs, etc.. able. Alias summons. in the hands of the clerk for distribution for six days, who, upon application, shall furnish, without charge, a copy of said rules with amendments thereto. The expense of such printing, how printing shall be borne and audited in the same manner as other printing bills of such court. Such rules shall be observed and enforced uniformly by all the justices in said courts. The justices may provide, in such rules, for the selection, from their number, of a presiding justice and to fix his term and to provide that all cases commenced shall be assigned by the clerk to him, to be in turn assigned by such presiding justice to one of the associate justices of such court at such time and in such manner as the rules shall provide for. Such rules may further empower such presiding justice to have general superintendence and supervision over the business of said court and the justices thereof and to impose in such presiding justice powers and duties which would other wise by law rotate among the justices thereof. In justices' when return courts having a clerk and three or more justices, the first summons, writ or other process issued may be made return able not more than twenty-one days from the date of the issuance of the same. When a new or alias summons or other process is authorized by law, in such court, the same may be made returnable not more than twenty-one days from the issuance thereof. The rules of the court may provide that, if it appear by the return of the constable that the summons was not personally served, alias or pluries summons or process may be issued over the signature of the clerk or deputy clerk, as provided for above, upon application to the clerk, by the plaintiff, on or before the return day of such Limitation of process. The rules may limit the number of successive pluries summons or writs that may be issued upon the signature of the clerk. The rules may provide for the expeditious handling of such alias and pluries process by the clerk with a view to relieving the justices, where legally possible, of the routine and clerical work connected with the same. In justices' courts having a clerk and three or more justices the service of any writ or summons may be legally made any time prior to three days before the return day thereof. Constables shall file their returns with the clerk at least fortyeight hours prior to the time mentioned for the appearance of defendant. In such courts, where the defendant's wages or salary is garnisheed, the return day of the summons or alias in the principal case shall not occur more than seven days after issuance thereof. Alias or pluries summons, when may issue. successive summons. Writ, when service of, may be made. Constables' returns, when filed. SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. This act is ordered to take immediate effect. |