« ForrigeFortsett »
out any reasonable cause, neglect or refuse to provide for the support or maintenance of his wife, said wife being in destitute or in necessitous circumstances, or any person who shall, without lawful excuse, desert or neglect or refuse to provide for the support or maintenance of his or her child or children under the age of eighteen years, in destitute or necessitous circumstances, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed six hundred dollars or by imprisonment in the county jail, house of correction or workhouse, not to exceed one year, or by both such fine and imprisonment. § 2. Proceedings under this act may be by indictment or information. § 3. At any time before the trial, upon motion of the complainant and upon notice to the defendant, the court at any time or a judge thereof in vacation, may enter such temporary order as may seem just, providing for the support or maintenance of the wife or child or children of the defendant, or both, pendente lite, and may for violation of such order punish the offender as for a contempt of court. § 4. Whenever a fine shall be imposed, it may be directed by the court to be paid, in whole or in part, to the wife or to the guardian or custodian of the minor child or children: Provided, that before the trial with the consent of the defendant, or at the trial, on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in this act, or in addition thereto the court in its discretion, having regard to the circumstances, and to the financial ability or earning capacity of the defendant, shall have the power to make an order, which shall be subject to change by the court from time to time as circumstances may require, directing the defendant to pay a certain sum periodically for a term not exceeding one year, to the wife or to the guardian or custodian of the said minor child or children, or to an organization or individual approved by the court as trustee; and shall also have the power to relieve the defendant from custody on probation for the period fixed in the order of judgment upon his or her entering into a recognizance, with or without surety, in such sum as the court or a judge thereof in vacation, may order and approve. The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so by said court, at such period as may be fixed, within one year, and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise in full force and effect. . § 5. If the court be satisfied by testimony in open court, that at any time during said period of one year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her under the original conviction, or enforce the suspended sentence, as the case may be. In case of forfeiture of recognizance, and enforcement thereof by execution, the sum so recovered may, in the discretion of the court, be paid, in whole or in part, to the wife, or to the guardian or custodian or trustee of the said minor child or children. § 6. No other or greater evidence shall be required to prove the marriage of such husband and wife, or that the defendant is the father
or mother of such child or children, than is or shall be required to prove such fact in a civil action. - - § 7. In no prosecution under this act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply. And both husband and wife shall be competent witnesses to testify to any and all relevant matters, including the fact of such marriage and of the parentage of such child or children: Provided, that neither shall be compelled to give evidence incriminating himself or herself. § 8. Actions against persons under this act who shall without any reasonable cause, neglect or refuse to provide for the support or maintenance of his wife may be prosecuted at any time during the existence of the marriage relations. § 9. Actions against persons under this act who shall without lawful excuse, neglect or refuse to provide for the support or maintenance of his or her child or children, may be prosecuted at any time until said child or children reaches the age of eighteen years. § 10. It is hereby expressly declared that the offenses as hereinbefore set forth in this Act, are and shall be so taken and construed to be continuing offenses. § 11. All acts or parts of acts in conflict herewith are hereby repealed. APPROVED June 24th, 1915.
ACCIDENT AND CASUALTY-FORM OF POLICY. § 1. No policy issued or delivered until copy of $ 7. Acknowledgement of receipt of notice, etc.,
form, classification of risks and premium shall not operate as a waiver of rights of
$ 8. Alteration of application. § 2. Policies containing what statements may be
issued—how printed. $ 9. Policy issued in violation of Act valid—how construed. § 3. Standard provisions. $ 10. Policies by foreign companies—what may $ 4. Policies containing what provisions shall not contain.
be issued—optional standard provisions. § 11. Discrimination prohibited. § 5. No policy containing Fo contrary to “standard” or “optional standard pro- $ 12. Policies to which Act shall not apply—sup
visions” shall be issued—endorsements— plemental contracts—fraternal benefit sopurporting to make portion of charter, etc., cieties—what clauses omitted from raila part of policy. road ticket policies. § 6. Application. § 13. Penalty. § 14. Repeal.
§ 15. When Act takes effect. (House Bill No. 801. Approved JUNE 29, 1915.)
AN ACT concerning and to regulate policies issued by companies, corporations, associations, societies or other insurers, doing accident and casualty insurance business, and to repeal Acts or parts of Acts in conflict with this Act. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That on and after the first day of January, in the year nineteen hundred and sixteen, no policy of insurance
against loss or damage from the sickness, or from the bodily injury or death of the insured by accident shall be issued or delivered to any person in this State until a copy of the form thereof and of the classification of risks and the premium rates pertaining thereto have been filed with the Insurance Superintendent; nor shall it be so issued or delivered until the expiration of thirty days after it has been so filed unless the said superintendent shall sooner give his written approval thereto. If the said superintendent shall notify, in writing, the company, corporation, association, society or other insurer which has filed such form that it does not comply with the requirements of law, specifying the reasons for his opinion, it shall be unlawful thereafter for any such insurer to issue any policy in such form, The action of the said superintendent in this regard shall be subject to review by any court of competent jurisdiction: Provided, however, that nothing in this Act shall be so construed as to give jurisdiction to any court not already having jurisdiciton. § 2. No such policy shall be so issued or delivered (1) unless the entire money and other considerations therefor are expressed in the policy; nor (2) unless the time at which the insurance thereunder takes effect and terminates is stated in a portion of the policy preceding its executed by the insurer; nor (3) if the policy purports to insure more than one person; nor (4) unless every printed portion thereof and of any endorsement or attached papers shall be plainly printed in type of which the face shall be not smaller than ten point; nor (5) unless a brief description thereof be printed on its first page and on its filing back in type of which the face shall be not smaller than fourteen point; nor (6) unless the exceptions of the policy be pointed with the same prominence as the benefits to which they apply: Provided, however, that any portion of such policy which purports, by reason of the circumstances under which a loss is incurred, to reduce any indemnity promised therein to an amount less than that provided for the same loss occurring under ordinary circumstances, shall be printed in bold face type and with greater prominence than any other portion of the text of the policy. , , § 3. Every such policy so issued shall contain certain standard provisions, which shall be in the words and in the order hereinafter set forth and be preceded in every policy by the caption, “Standard Provisions.” In each such standard provision wherever the word “insurer” is used, there shall be substituted therefore “company” or “corporation” or “assogiation” or “society” or such other word as will properly designate the insurer. Said standard provisions shall be: . .(1) A standard provision relative to the contract which may be in either of the following two forms: Form (A) to be used in policies which do not provide for reduction of indemnity on account of change of occupation, and Form (B) to be used in policies which do so proYide. . If Form (B) is used and the policy provides indemnity against loss from sickness, the words “or contracts sickness” may be inserted therein immediately after the words “in the event that the insured is injured.” - (A) 1: This policy includes the endorsements and attached papers, if any, and contains the entire contract of insurance. No reduction shall be made in any indemnity herein provided by reason of change in the occupation of the insured or by reason of his doing any act or thing pertaining to any other occupation. (B) 1. This policy includes the endorsements and attached papers, if any, and contains the entire contract of insurance except as it may be modified by the insurer's classification of risks and premium rates in the event that the insured is injured after having changed his occupation to one classified by the insurer as more hazardous than that stated in the policy, or while he is doing any act or thing pertaining to any occupation so classified, except ordinary duties about his residence or while engaged in recreation, in which event the insurer will pay only such portion of the indemnities provided in the policy as the premium paid would have purchased at the rate, but within the limits so fixed by the insurer for such more hazardous occupation. If the law of the State in which the insured resides at the time this policy is issued requires that prior to its issue a statement of the premium rates and classification of risks pertaining to it shall be filed with the State official having supervision of insurance in such State, then the premium rates and classification of risks mentioned in this policy shall mean only such as have been last filed by the insurer in accordance with such law, but if such filing is not required by such law, then they shall mean the insurer's premium rates and classification of risks last made effective by it in such state prior to the occurrence of the loss for which the insurer is liable. (2) A standard provision relative to changes in the contract, which shall be in the following form: 2. No statement made by the applicant for insurance not included herein shall void the policy or be used in any legal proceeding hereunder. No agent has authority to change this policy or to waive any of its provisions. No change in this policy shall be valid unless approved by an executive officer of the insurer and such approval be endorsed hereon. (3) A standard provision relative to reinstatement of policy after lapse which may be in either of the three following forms: Form (A) to be used in policies which insure only against loss from accident; Form (B) to be used in policies which insure only against loss from sickness; and Form (C) to be used in policies which insure against loss from both accident and sickness. (A) 3. If default be made in the payment of the agreed premium for this policy, the subsequent acceptance of the premium by the insurer or by any of its duly authorized agents shall reinstate the policy, but only to cover loss resulting from accidental injury thereafter sustained. (B) 3. If default be made in the payment of the agreed premium for this policy, the subsequent acceptance of the premium by the insurer or by any of its duly authorized agents shall reinstate the policy, but only to cover such sickness as may begin more than ten days after the date of such acceptance. (C) 3. If default be made in the payment of the agreed premium for this policy, the subsequent acceptance of the premium by the insurer or by any of its duly authorized agents shall reinstate the policy, but only to cover accidental injury thereafter sustained and such sickness as may begin more than ten days after the date of such acceptance. (4) A standard provision to time of notice of claim which may be in either of the three following forms: Form (A) to be used in policies which insure only against loss from accident; Form (B) to be used in policies which insure only against loss from sickness, and Form (C) to be used in policies which insure against loss from both accident and sickness. If Form (A) or Form (C) is used the insurer may at its option add thereto the following sentence, “In event of accidental death immediate notice thereof must be given to the insurer.” (A) 4. Written notice of injury on which claim may be based must be given to the insurer within twenty days after the date of the accident causing such injury. (B) 4. Written notice of sickness on which claim may be based must be given to the insurer within ten days after the commencement of the disability from such sickness. (C) 4. Written notice of injury or of sickness on which claim may be based must be given to the insurer within twenty days after the date of the accident causing such injury or within ten days after the commencement of disability from such sickness. (5) A standard provision relative to sufficiency of notice of claim which shall be in the following form and in which the insurer shall insert in the blank space such office and its location as it may desire to designate for such purpose of notice. 5. Such notice given by or in behalf of the insured or beneficiary, as the case may be, to the insurer at. . . . . . . . . . . . , or to any authorized agent of the insurer, with particulars sufficient to identify the insured, shall be deemed to be notice to the insurer. Failure to give notice within the time provided in this policy shall not invalidate any claim if it shall be shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible. (6) A standard provision relative to furnishing forms for the convenience of the insured in submitting proof of loss as follows: 6. The insurer upon receipt of such notice, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not so furnished within fifteen days after the receipt of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, character and extent of the loss for which claim is made. (7) A standard provision relative to filing proof of loss which shall be in such one of the following forms as may be appropriate to the indemnities provided: (A) 7. Affirmative proof of loss must be furnished to the insurer at its said office within ninety days after the date of the loss for which claim is made. (B) 7. Affirmative proof of loss must be furnished to the insurer at its said office within ninety days after the termination of the period of disability for which the company is liable.