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Intoxicating liquors prohibited.

Rental of armory.

cept as hereinafter provided. The sale to or use by the national guard or other organization of intoxicating liquors therein is absolutely prohibited, and any officer or enlisted man guilty of violating this portion of the law shall be punished as a court martial may direct, and any civil organization violating this portion of the law shall be summarily ousted. The board of control may rent the armory to outside parties for temporary purposes subject to regulations to be prescribed by the State Military Board. The money derived from rental of said armory shall be paid into the armory maintenance fund of the board of control of said armory. Receipts, etc., The board of control of armories shall make an annual report report of. of the receipts and expenditures of funds coming into its hands under this act for the maintenance of armories, to the organized militia organizations quartered therein, and as the State Military Board shall from time to time prescribe in regulations.

Discharge, who to recommend.

Dishonorable discharge, when made.

Contributing members, number.

from jury

SEC. 74. Any commanding officer may recommend the discharge from the Michigan national guard of any enlisted man of his command for offenses against the State law or regulations or against the articles of war of the United States; such recommendation under such rules as may be prescribed by regulations may be deemed sufficient cause for the discharge without honor of such person from the service, and any such person so discharged shall forfeit all pay and allowances then due or unpaid. Dishonorable discharge will be made only as a punishment inflicted by sentence of a court martial. Boards of control of armories shall have no control over the military instruction or discipline of organizations therein quartered; but the local military control and the discipline of the armory as a post where troops are stationed shall be vested in the ranking line or field officer residing at the place where said armory is located, whose rank is appropriate to the command located in the armory; and if no officer resides in such place whose rank is appropriate to the command located in the armory, then the command thereof shall devolve on the officer indicated by orders or regulations governing the troops of this State or the United States.

SEC. 75. Not more than one hundred fifty contributing members may be enrolled in each company of the Michigan national guard. Each of such contributing members shall pay into the treasury of such organization annually not less than When exempt ten dollars. Upon the payment of such annual dues such contributing members shall receive from the commanding officer of such organization a certificate and shall be exempt during the ensuing year from all jury duty and poll tax. The fund derived from the dues of contributing members shall be accounted for and used in accordance with the rules of the said organization.

duty, etc.

Act, what to affect.

SEC. 85. This act affects the national guard of Michigan

and is hereby declared immediately necessary for the preser-
vation of the public peace and safety.

This act is ordered to take immediate effect.
Approved April 12, 1911.

[No. 68.]

AN ACT establishing standard provisions and conditions to be contained in policies insuring against accidental bodily injury or disease, issued by companies authorized to do business within this State.

The People of the State of Michigan enact:

insurance.

SECTION 1. On and after January first, nineteen hundred Accident, etc., twelve, no policy of insurance against loss or damage from disease or from bodily injury by accident, or both, of the assured, shall be issued or delivered in this State by any corporation organized under the provisions of act number seventyseven of the laws of eighteen hundred sixty-nine, and the amendments thereto, or under the provisions of act number one hundred eighty-seven of the public acts of eighteen hundred eighty-seven, and the amendments thereto, or by any foreign corporation authorized to do business in this State:

(1) Until a copy of the form thereof and the table of rates Rates, etc., filing of. or manual of risks of the company has been filed at least thirty days with the Commissioner of Insurance, unless before the expiration of said thirty days the Commissioner of Insurance shall have approved the same in writing; nor

conform

(2) If the Commissioner of Insurance notifies the com- Policy, to pany in writing that in his opinion the form of said policy with law. does not comply with the requirements of the laws of this State, specifying the reasons for his opinion: Provided, Proviso. That upon the petition of the company the opinion of the Commissioner of Insurance shall be subject to review by any court of competent jurisdiction; nor

(3) Shall such policy be so issued or delivered unless How printed. every portion is plainly printed in type not smaller than long primer or ten point type; nor

(4) Unless there is printed on the first page thereof and Description. on its filing back in type not smaller than eighteen point or

great primer, a brief description of the policy; nor

(5) Unless the exceptions be printed with the same promi- Exceptions. nence as the benefits to which such exceptions apply; nor

(6) Unless it contains in substance the following provi- Provisions.

sions:

1. A provision that such policy, with a copy of the application therefor, if any, or such other papers as may be at

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tached thereto or endorsed thereon, shall constitute the entire contract of insurance, except as the same may be affected by any table of rates, or classification of risks filed by the company with the Commissioner of Insurance;

2. A provision that no statement made by the applicant for insurance, which statement is not incorporated in or endorsed on the policy issued to such applicant shall avoid the policy or be used in evidence, and no provision of the charter, constitution or by-laws shall be used in defense of any claim arising under any such policy unless such provisions are incorporated in full in the policy; but this requirement shall not be deemed to apply to the table of rates or manual of classification of risks of any company filed with the Commissioner of Insurance prior to the date of the occurrence of the injury or commencement of the sickness for which indemnity is claimed;

A provision that specifies the time within which notice. of accident or disability shall be given, which time shall not be less than twenty days from the date of the accident nor less then ten days from the date of the beginning of the disability from sickness upon which claim is based: Provided, however, That in case of accidental death, immediate notice thereof may be required, unless the notice herein specified shall be shown not to have been reasonably possible;

A provision that notice of a claim for indemnity shall be deemed sufficient when given to the office or agent of the company specified in the policy;

5. A provision that under every such policy, if a past due premium shall be accepted by the company or by a branch office or by an authorized agent of the company in the city, town or county in which the insured shall reside, or by the duly authorized agent of the company who accepted the last premium on the policy, if so authorized at the time of the acceptance of the past due premium, such acceptance shall reinstate the policy in full as to disability resulting from accidental bodily injuries thereafter sustained, but shall only reinstate the policy as to disability from disease beginning more than ten days after the date of such acceptance;

6. A provision that if the insured is injured or contracts disease after having changed his occupation to one classified by the company 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) the company shall pay such proportion of the indemnities provided in the policy as the premium paid would have purchased at the rate but within the limits fixed by the company for such more hazardous occupation according to the company's rates and classification of risks filed with the Commissioner of Insurance in this State prior to the occurrence of the injury or the commencement of the disease for which indemnity is claimed;

7. A provision that the company will pay the benefits Benefits, promised within sixty days of the receipt by it of due proofs when to pay. of death or disability;

cellation.

8. A provision that the policy may be cancelled at any Policy, cantime by the company by written notice delivered to the insured or mailed to him at his last address as shown by the records of the company and the tender of the company's check for the unearned portion of the premium, but that such cancellation shall be without prejudice to any claim arising on account of disability commencing prior to the date on which the cancellation takes effect;

claim, when

9. A provision specifying the time within which proofs of Proofs of claim shall be furnished to the company, which time shall furnished. not be less than ninety days from the date of death, dismemberment or loss of sight or from the termination of any other disability.

SEC. 2. No such policy insuring against accidental bodily Provisions prohibited. injuries or disease or death shall be issued or delivered in this State, if it contains in substance, any of the following provisions:

when com

1. A provision limiting the time within which an action Actions, at law or in equity may be commenced to less than one year menced. from the date when the final proof of claim is filed with the company;

tion.

2. A provision that shall authorize the deduction of any Premium, premium or assessment from any indemnity payable under etc., deducthe terms of the policy, except such premium or assessment as may be due or covered by written order or note at the time of payment of the indemnity;

3. A provision limiting the amount of indemnity to be Indemnity. paid to a sum less than the indemnity as stated in the policy and for which the premium has been paid: Provided, how- Proviso. ever, That if the assured shall carry any other insurance covering the same hazard without giving written notice to the companies, corporations or associations issuing the policies, then and in that case each company, corporation or association may stipulate that it will be liable only for such proportionate amount of benefits as the indemnity promised bears to the total amount of indemnity in all the policies covering such hazard, and for the return of such part of the premium paid as shall exceed the pro rata of the premium for the benefits paid.

affected.

SEC. 3. This act shall not apply to or affect fraternal bene- Associations, ficiary associations, societies or orders with representative etc., not form of government operating on a lodge system, or the beneficiary certificates or policies issued by them.

governing.

SEC. 4. No such company or its agent shall issue or deliver Policy, in this State any policy which conflicts with any provision provisions of this act. A policy issued in violation of this act shall be held valid but shall be construed as provided in this act, and when any provision in such a policy is in conflict with any provision of this act, the rights, duties and obligations of the

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What may contain.

Policies not affected.

Penalty for violation.

Conflicting

acts.

company and policyholder and the beneficiary shall be governed by the provisions of this act.

SEC. 5. The policies of insurance against accidental bodily injury or disease issued by a company not organized under the laws of this State, may, if approved by the Commissioner of Insurance, contain any provision which the laws of the state, territory or district of the United States or of a country outside of the United States under which the company is organized prescribe shall be in such policies when issued in this State; and the policies of insurance against accidental bodily injury or disease issued by a company organized under the laws of this State may, when issued or delivered in any other state, territory, district or country, contain any provision required by the laws of the state, territory, district or country in which the same are issued, anything in this act to the contrary, notwithstanding.

SEC. 6. Nothing in this act, however, shall apply to or affect any general or blanket policy of insurance issued to any municipal corporation or department thereof, or to any corporation, copartnership, association or individual employer, police or fire department, underwriter's corps, salvage bureau, or like associations or organizations, where the officers, members or employes, or classes or departments thereof, are insured against specified accidental bodily injuries or diseases while exposed to the hazards of the occupation or otherwise in consideration of a premium intended to cover the risks of all the persons insured under such policy; nor shall anything in this act apply to or in any way affect contracts of life insurance, or contracts supplemental thereto, which shall contain provisions intended to safeguard such life insurance against lapse, or provisions that shall provide a special surrender value therefor in the event that the insured thereunder shall, by reason of accidental bodily injury or disease, be unable to continue the premium payments thereon.

SEC. 7. Any company, corporation or association to which this act applies, or any officer or agent thereof which or who issues or delivers in this State, or to any citizen thereof, any accident or health policy or contract in willful violation of the provisions of this act, shall be punished by a fine of not more than five hundred dollars for each offense, and the Commissioner of Insurance may revoke the license of any foreign company or agent thereof which or who violates any provision of this act.

SEC. 8. All acts and parts of acts inconsistent with this act are hereby repealed.

Approved April 12, 1911.

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