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erty situated or located in this State except after the said risk has been approved, in writing, by an agent who is a resident of this State, regularly commissioned and licensed to transact insurance business therein, who shall countersign all policies so issued and make a record of the same on books provided for that purpose and receive the commission thereon when the premium is paid, to the end that the State may receive the taxes required by law to be paid on the premiums collected for insurance on all property located in the State, and the agents be paid the commission thereon. Nothing in this act shall be construed to prevent any such insurance company or association, authorized to transact business in this State from issuing policies at its principal or department offices covering property in this State, provided that such policies are issued upon applications procured and submitted to such company by agents who are residents of this State, and licensed to transact the business of insurance herein, and who shall countersign all policies so issued and receive the commission thereon when paid; provided, no provision of this section is intended to or shall apply to direct insurance covering the rolling stock of railroad corporations or property in transit, while in the possession and custody of railroad corporations or other common carriers, nor to the movable property of such common carriers used or employed by them in their business as common carriers of freight, merchandise or passengers." Penalty for violation, $500 for each offense, and for failure to pay fine, license shall be revoked until payment is made. It is ruled that it is a violation of law for a nonresident agent to be connected in any way with the writing of insurance. on North Dakota property or for a company to have policies signed in blank by a resident agent, etc.

SEMI-ANNUAL STATEMENTS-None required. STANDARD POLICY-The use of a standard policy form similar to old New York form is required. Penalty for using other than standard form, $50 to $100 for first, and $100 to $250 for each subsequent offense. See "Valued Policy." Clause covering loss or damage by explosion, when fire does not ensue, cannot be attached to a fire policy, under a ruling of the Insurance Department. TAXES-Two and one-half per cent of the gross premiums received in the State during the preceding year, less return premiums and cancellations and reinsurance premiums received from admitted companies, to be paid before renewal of certificates. Fire Marshal tax is levied on domestic stock and mutual fire companies to an amount of 2 per cent on gross premiums and assessments, less return premiums on all direct business. No local taxes. Tax is payable to Commissioner of Insurance.

TAX STATEMENTS-Must be filed by March 1. Fire department tax returns are included in annual statements.

VALUED POLICY-Law of 1907, Sec. 1. "Whenever any policy of insurance shall be written to insure any real property in this State against loss by fire, and that property insured shall be destroyed without fraud on the

part of the insured or his assigns, the amount stated of the insurance written in such policy shall be taken conclusively to be the true value of the property insured." Sec. 2. "All acts and parts of acts in conflict with the provisions of this act are hereby repealed." The Attorney-General holds that this law is constitutional; that it does not conflict with the Standard Policy law, simply making the amount stated in the policy conclusive evidence of the value of the insured property; that there is nothing in the law which prohibits the company from making an agreement with the insured that in case of loss he would accept a certain portion of the actual value of the property; and that it is lawful for a company to attach a three-fourths value clause to a policy, as this law simply makes the amount stated in the policy conclusive as to the value of the insured property. As of Aug. 1, 1917, the Insurance Department asked the Attor ney-General for an opinion as to whether a conflict does not exist be tween the valued policy law (6624 Ins. Laws of N. D.) and the first three lines of the standard policy of North Dakota relating to valuation of property.

None.

None.

On or before

March I

April I

July I
Dec.

COUNTY TAXES AND FEES.

MUNICIPAL TAXES AND FEES.

CALENDAR-NORTH DAKOTA

Annual statement must be filed (includes fire department re-
turns). Tax statement must be filed. Premium tax is
payable.

Agents' licenses must be secured. Fire marshal tax is payable by
domestic companies. Company license must be secured.
Proof of publication of statement must be filed.
Foreign companies' home office statements to be filed.

OHIO.*

STATE REQUIREMENTS.

AGENTS DEFINED-Sec. 9586. "A person who solicits insurance and procures the application therefor, shall be held to be the agent of the party, company or association thereafter issuing a policy upon such application or renewal thereof, anything in the application or policy to the contrary notwithstanding."

AGENTS' LICENSES-Agents must procure licenses, which expire on the last day of February next after they are issued. Company must make applications for agents' licenses on form prescribed. Agents may employ solicitors, without additional license. Firms are licensed the same as individuals, and at equal cost. Corporations may be licensed as agents, but each officer and agent of the agency corporation transacting insurance, and also such corporation, must have separate license, for each of which separate fee is charged.

ANNUAL STATEMENTS-Must be filed within thirty days after January 1, showing the condition as of December 31 next preceding. No annual statements are required other than those filed with Insurance Department. ANTI-COINSURANCE-The anti-coinsurance law was repealed in 1902. This repeal does not affect the provisions of the valued policy law, which applies to insurance on buildings and structures, and requires, in event of total loss, payment in full of the amount named in the policy; or, in case of partial loss, the full amount of the partial loss. ANTI-COMPACT-Sec. 9563. "If such company, association or partnership doing business in this State makes an application for a change of venue, or to remove a suit begun in a court therein in which it has been sued by a citizen of this State, to the United States District or Circuit Court, or to any Federal Court, or enters into any compact or combination with other insurance companies, or requires its agents to enter into any compact or combination with other insurance agents or companies, for the purpose of controlling the rates charged for fire insurance on property in the State, or for the purpose of controlling the rates per cent amount of commission or compensation to be allowed agents for procuring contracts for such insurance on such property, the Superintendent of Insurance forthwith shall revoke and recall the license to it to do business in this State, and no renewal thereof shall be granted for three years after its revocation; such company, association or partnership also shall be prohibited from transacting any business in this State until again duly licensed and authorized." Sec. 9564. "Nothing in the preceding section shall prevent one or more of such companies from employing a common agent or agents to supervise defective structures, or advise respecting them, and to suggest improve

*Sectional numbers are the same as the General Code of Ohio.

ments for lessening their fire hazards or to advise as to the relative value of such risks." ANTI-DISCRIMINATION—Law of 1917 prohibits discrimination between risks of the same class. See "Rating Bureaus to be Maintained.” ANTI-REBATE-No fire insurance company doing business in Ohio, or any officer, agent, solicitor or representative thereof, shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement to purchase fire insurance, any rebate of premiums payable on the policies or any special favor or advantage or any benefit to accrue thereon, or any payment or contract for services of any kind, or any valuable consideration or inducement whatever not specified in the policy contract of insurance. The receipt of such gifts or emoluments is also prohibited. Penalty for violation, heavy fine or imprisonment. ATTORNEY—A stipulation must be filed with the Superintendent of Insurance by other than Ohio companies, providing that service of legal process upon any agent of the company in the State shall be valid.

CANCELLATION OF POLICY-Policy form must contain provision for cancellation "at any time, upon the written request of the person insured." Short rates may be retained by company on cancellation by insured of cash policy; and the holder of a mutual policy must pay his proportion of losses occurring before receipt of policy for cancellation before his note can be surrendered to him.

CAPITAL REQUIRED-Stock company must have at least $100,000 paid-up capital.

COMMISSIONS TO NON-RESIDENTS-Payment of brokerage to nonresident is not permitted, unless he holds a broker's license. DEPOSIT-Sec. 9565. "A company incorporated by or organized under the laws of a foreign government shall deposit with the Superintendent of Insurance, for the benefit and security of its policyholders residing in the United States, a sum not less than $100,000 in stocks or bonds of the United States, or the State of Ohio, or any municipality or county thereof, which shall not be received by the Superintendent at a rate above their par value. * * *” Deposits of mutual companies for other State policyholders' protection accepted. DOMESTIC COMPANIES-Sec. 9512. "The articles of incorporation of a company formed for the purpose of insurance, other than life insurance, must be forwarded to the Secretary of State, who shall submit the same to the Attorney-General for examination, and if found by him to be in accordance with the provisions of this chapter, and not inconsistent with the constitution and laws of this State and of the United States, shall certify and deliver back the same to the Secretary, who may reject any name or title of any company applied for when he deems the same similar to one already appropriated, or likely to mislead the public." Sec. 9513"Upon the approval of the articles by the Attorney-General and the Secretary of State, the Secretary shall cause the same to be recorded and copied

in the same manner as is provided in the preceding chapter, and a copy thereof to be deposited with the Superintendent of Insurance, who shall withhold from the company the certificate of authority if its name is so similar to the name of any other company as to mislead the public." Sec. 9524. "Except as hereinafter provided, no joint stock insurance company shall be organized under this chapter, or permitted to do business in this State, with a less capital than $100,000, which must be fully paid up before the company shall be entitled to transact business. But on the payment of twenty-five per cent of its capital stock a live stock company may do business. EXAMINATIONS-Sec. 625. "The Superintendent, or a person appointed

* * * *

by him for that purpose, may make an examination into the affairs of any
insurance company doing business in this State, such company, its officers
and agents shall submit their books and business to such ex-
amination, and in every way facilitate it.
The actual
expenses incurred by such examinations shall be paid by the State
Treasurer on the warrant of the State Auditor upon the certifi-
cate of the Superintendent of Insurance; provided that, when any ex-
amination is made upon the demand of the company therefor,
the expenses of the same shall be paid by the company; and pro-
vided further, that, when, by the laws of any other State, district, terri-
tory or nation, examinations of companies of this State are required or
permitted to be made by the Insurance Department or other authority
of such State, district, territory or nation, at the expense of such com-
panies, then the expenses of all examinations made by the Insurance
Department of this State of all companies of such State, district, territory
or nation shall be respectively charged to and collected from the com-
pany so examined." A mutual fire association may be examined by an
appointee of the Court of Common Pleas on application of one interested
party, in which case a refusal to permit examination is deemed contempt
of court.

FEES-For filing charter, $25; for filing annual statement, $20; for each certificate of authority or license to company, $2; for each agent's license (foreign company), (firms are treated as individuals), $2; solicitors' license, $2; copy of papers on file, 20 cents per folio; certifying same, $1; for agent's compliance (one for each county in which there is an agent) for publication, $1; for license to procure insurance in unauthorized companies, $10; for license to non-resident to act as insurance broker, $10; for collection of interest on deposits of companies of foreign governments, $25 per $100,000. The foregoing fees are payable to the Superintendent of Insurance; county recorder's filing fee, 10 cents. Reciprocal provision.

FIRE DEPARTMENT TAX-None.

FIRE MARSHAL-A State fire marshal, with the co-operation of local authorities, investigates all fires. A tax for the support of this department

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