OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. such city or town limits as aforesaid, after the board of health have pronounced the Slaughter houses; same noisome, or having used such slaughter house shall not on the requirement of the when a nuisance. board of health immediately and effectually cleanse the same, every person so offend ing shall be guilty of a common nuisance, and shall [upon conviction thereof before a Chap. 33, vol. 19. justice of the peace be fined not less than fifteen dollars nor more than twenty-five dol lars, with costs of suit, and stand committed to the county jail till the same be paid or until discharged by law.] SEC. 12. Every board of health, constituted as aforesaid, shall have power to make Quarantine orders and regulations in their discretion concerning the place and mode of quarantine; regulations. the examination and purification of vessels, boats, and other craft not under quarantine; the treatment of vessels, articles or persons thereof; the regulation of intercourse with infected places; the apprehension, separation and treatment of emigrants and other persons who shall have been exposed to any infectious or contagious disease; to regulate and prohibit or prevent all communication or intercourse with all houses, tenements and places, and the persons occupying the same, in which there shall be any person who shall have been exposed to such contagious or infectious disease. SEC. 13. The said board of health shall have power to procure suitable places for the Accommodations for persons reception of persons under quarantine, and persons sick with the Asiatic or malignant under quarantine cholera, or any other malignant or infectious or contagious disease; and in all cases where sick persons cannot otherwise be provided for, to procure for them proper medical and other attendance and necessaries. SEC. 14. A majority of the board of health will form a quorum to do business, a less number may adjourn. Quorum. SEC. 15. All vacancies occurring in any board of health by death, or otherwise, shall Vacancies. be filled by the city council, or town commissioners, as the case may be; and the same authorities shall have power to remove, for sufficient cause, any member of the board of health in their respective jurisdictions. Passed at Dover, March 18, 1881. CHAPTER 33, VOL. 18, LAWS OF DELWARAE. AN ACT TO AMEND CHAPTER 345 OF VOLUME 16, OF THE LAWS OF DELAWARE. SECTIONS 1, 2, 3 and 4. Inserted as specific amendments. SEC. 5. That from the decision of the Justice of the Peace, under any of the provisions of this act, or to the one hereby amended, there shall be no appeal. Passed at Dover, April 21, 1887. INSURANCE COMMISSIONERS. CHAPTER 347, VOL. 16, LAWS OF DELAWARE. No appeal from established. AN ACT IN RELATION TO INSURANCE COMPANIES. SECTION 1. That there is hereby established in this State a distinct department to be Insurance known as the Insurance Department, the chief officer of which shall be denominated department the "Insurance Commissioner," of Delaware. The Governor shall within thirty days Governor to from the passage of this act, and afterwards, when any vacancy occurs in the office, appoint comappoint some suitable person of good moral character, well qualified for the position as an expert accountant, to be "Insurance Commissioner" for the term of four years. The "Insurance Commissioner" shall before entering upon the duties of his office, missioner, Oaths of office. Chap. 598, vol. 19. Condition of Duties. Require copy On whom services may be made. To examine the affairs of domestic companies. Publication of result. Powers of commission. Authority to require state ments. OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. take an oath or affirmation to support the Constitution of the United States and of this State, and also that he will faithfully and impartially perform all the duties of the office of Insurance Commissioner, and shall give bond in the penal sum of [ten thousand dollars (10,000)] with surety or sureties, to be approved by the Governor; said bond to be filed with the secretary of state, conditioned for the faithful discharge of his duties as such commissioner; said bond shall be in the form prescribed by Section 6, of Chapter 24, of the Revised Code. The "Insurance Commissioner" shall not be a director, officer or agent of, or directly or indirectly interested in any insurance company except as an insured. SEC. 2. The following shall be the duties of the "Insurance Commissioner" : First. To see that all laws of this State respecting insurance companies are faithfully executed, and to require from all companies not chartered by the laws of this State, transacting the business of insurance in this State a certified copy of their charter or declaration of organization, and a certificate of the name and residence of an agent or agents of said company resident in this State, upon whom service of process against said company may be made, both of which shall be filed in his office. Second. To examine the affairs and conditition of any company doing the business of insurance in this State, chartered by the laws of this State, whenever it shall be demanded by the written application of not less than five policy holders insured in such company to the amount of ten thousand dollars ($10,000), and to publish the result of such examination in one or more newspapers of this State, whenever he deems it for the interest of the public so to do; and for the purpose of such examinations he shall have power to require free access to all books and papers of any insurance company, or the agents thereof, doing business within this State, and to examine any officer, agent or employe of such company, under oath or affirmation, which he is hereby empowered to administer, relative to the affairs and conditions of any company; and further, he may at any time require from any company doing the business of insurance, or any of its officers or agents, statements on such points as he deems necessary and proper to elicit a full and fair exhibit of its business and standing upon the application of not less than five policy-holders of any company to the amount of ten thousand dollars. The Authority to em- "Insurance Commissioner" may employ expert assistance in examining the affairs of ploy an expert. such company, and charge the cost thereof in the expenses to be paid by the company. Third. Whenever the "Insurance Commissioner' shall have reason to believe that any insurance company of this State is insolvent or fraudulently conducted, or that its assets are not sufficient for carrying on the business of the same, or upon or doing any non-compliance with the provisions of this act, he shall communicate the fact to the Attorney-General, whose duty it shall then become to file a bill or petition in chancery, in the name of the State, setting forth the facts, and thereupon to apply to the Court of Chancery of any county in which said company may be doing business, or to the Chancellor in vacation, for an order requiring said company to show cause why their busiPower to appoint ness should not be closed. In a proper case made, the said court, or the Chancellor in vacation, shall have power to appoint a receiver to take charge of, settle and close up the affairs of said company under the direction of the said court, to enjoin it from doing business and to make such order and decree as may be necessary or proper. Duty of the commissioner. a receiver. Blanks. Fourth. To furnish to the companies, required by this act to report to him, all necessary blank forms for the statements required, and to publish annually, on or before the Publication of names of com- first day of July, once a week, for three weeks, in at least two newspapers of this State, panies that have complied. the names of the insurance companies that have filed statements agreeably to the provisions of this act, and to whom certificates of authority have been issued ; and he shall OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. also state when and where each company was incorporated, and its aggregate assets and liabilities, and its receipts and expenditures for the preceding year; the cost of Costs of such publication to be borne equally by said companies, and the amount to be paid by publication. each shall be deposited with the "Insurance Commissioner" at the time the annual By whom borne. statement is furnished, as herern provided. policies in force. Fifth. He shall, as soon as practicable, in each year ascertain the net value on the Shall ascertain thirty-first day of December of the previous year of all policies in force on that day in net value of each life insurance company doing business in this State. He shall accept the valua- Valuations, tions made by the Insurance Department of either Pennsylvania, New York, Massa- How made. chusetts, or the State where such company is incorporated, and may require every Valuation of such company to furnish him, on or before the first day of March, a certificate of any policies. valuation of its policies made by either of the insurance departments above named, and if any company fails to furnish such valuation he shall revoke its authority to do busi- Companies incorporated in ness in this State. Every life insurance company, incorporated in any State other other States. than Pennsylvania, New York and Massachusetts, shall calculate its reserve on the New York basis of life insurance. Life Insurance Commissioner company. Sixth. In case it is found that any life insurance company doing business in this When Insurance State has not on hand the net value of all its policies in force after all other debts of shall withdraw the company and claims against it exclusive of capital stock have been provided for, authority of any it shall be the duty of the Insurance Commissioner" to publish the fact that the then existing condition of the affairs of the company is below the standard of legal safety established by this State, and he shall at once withdraw the authority of said company to do business in this State. To give certified copies of records and papers. of commissioner. Seventh. At the request of any person, and on the payment of the fee, to give certified copies of any record or papers in his office, when he deems it not prejudicial to public interests so to do, and to give other certificates as this act provides for. Eighth. To report to each regular session of the General Assembly, on or before the Biennial report twentieth day of February, the receipts and expenses of his department for the two years previous; all of his official acts whenever specially required by the General As sembly, and in the absence of any special reqirement such portion of his official acts as he may deem necessary to make public; the condition of all companies doing the business of insurance in this State, and such other information as will correctly exhibit the affairs of his department, and to send a copy of his report, when How distributed. printed, to the "Insurance Commissioner" or other similar officer, of every other State, and to each company doing business in this State. missioner of this Ninth. To communicate on request of any "Insurance Commissioner," or other Duties of Comsimilar officer of any State, any facts which by law it is his duty to ascertain respecting State and Comcompanies doing business in this State. missioners of other States. of papers. ment. Tenth. To carefully preserve in permanent form all papers and records relating to Preservation the business of his department, and to hand the same over to his successor in office. SEC. 3. Every insurance company doing the business of insurance within this State, Annual stateshall, on or before the first day of July next after the passage of this act, excepting such companies as have complied with the existing laws for the present year, and annually thereafter on or before the first day of February, deliver to the "Insurance Commissioner" a full detailed statement of the condition and business of such company for the year ending on the previous thirty-first day of December, which statement shall be veri- How verified. fied by the oath or affirmation of the president or vice-president and secretary or author ized agent. [Provided, That of the statement of the United States branch of any foreign Chap. 439, vol.17. company certification by the manager of said branch in the United States shall be suf OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. ficient, the home office statement of such company being certified as in other cases.] Blanks furnished Said statement shall be on blanks prepared and furnished by the "Insurance Comby Insurance Commissioner. Mutual companies. ment shall contain. Commissioner to to such company Capital of any joint stock in surance company. missioner" for that purpose, and shall contain the name of the company, where located, when and where incorporated or organized, the amount of paid up capital, with a detailed statement of all assets, showing the amount of cash on hand, in bank or in the hands of agents; the amount and actual value of real estate owned by the company, and the amount of incumbrances thereon; the number of government, state and municipal and other bonds owned, and the market and par value of the same; the number of shares of stock of every kind owned, and the market and par value of the same; the amount loaned on bond and mortgage, with the actual cash value of the property mortgaged, and whether such property is subject to any other lien or liens paramount to such mortgage, and the aggregate amount of such paramount liens; the amount loaned on all other securities, stating the name and kind of securities, and the amount loaned on each; also stating the liability and indebtedness of such company; the amount of losses against the company adjusted and unpaid, the amount in process of adjustment or in suspense, including all reported and supposed losses, losses resisted, including interest and other expenses thereon; and all other liabilities, claims and demands whatsoever against the company, and all other information necessary and proper to fully set forth a full and fair exhibit of its business and standing. SEC. 4, That if, by the statement furnished as aforesaid, it shall appear that such company is incorporated under the laws of this State, and is a mutual company, and that agreements have been entered into by the company for insurance with at least one What the state hundred applicants, and that securities on said insurance founded on actual and bona fide applications for insurance, and amounting to not less than twenty thousand dollars have been received; or if it shall appear by such statement that such company, being incorporated under the laws of this State, is a stock company, and has an actual paid in capital stock of at least one hundred thousand dollars over and above all claims and issue certificate liabilities; or if it shall appear by such statement, that such company is incorporated under the laws of any other State or foreign government, or is in good condition, and has assets to the amount of one hundred and fifty thousand dollars over all liabilities and claims, then the "Insurance Commissioner" shall issue a certificate authorizing said company to transact the business of insurance, and establish agencies in this State. For the purposes of this act the capital of any joint stock insurance company shall be deemed to be the aggregate value of its deposits, assets and investments, certified according to the provisions of this act, after making deductions therefrom for all losses and all Chap. 439, vol. 17. liabilities and for premiums on unexpired risks [other than life.] If at any time the "InDuty of Comsurance Commissioner' shall find the capital stock of any company doing business in missioner where this State, impaired to the extent of twenty per centum, he shall give notice to the capital is impaired twenty company to make good its whole capital stock within sixty days, and if this is not done, per centum. he shall require the company to cease to do business within this State, and shall, thereupon, in case the company is organized under the laws of this State, immediately institute legal proceedings as required in section 2 of this act. Mutual com panies incorpo States. SEC. 5. If by the statement furnished as aforesaid, it shall appear that such company is a Mutual Fire Insurance Company incorporated under the laws of another State; rated under other that agreements have been entered into by the company for insurance with at least one hundred applicants, and that securities on said insurance founded on actual and bona fide applications for insurance, and amounting to not less than twenty thousand dollars, have been received, and that such Mutual Fire Insurance Company is duly authorized to do business in the State in which it is incorporated by the insurance department of OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. Commissioner said State, [or if it shall appear by such statement that such company is a stock com- Chap. 439,vol.17. pany incorporated under the laws of another State or foreign country, and is in good condition, and has assets to the amount of one hundred thousand dollars over and above all liabilities and claims,] then the Insurance Commissioner, upon the said company complying with all the provisions of this act in regard to companies of other to issue certifiStates, shall issue a certificate authorizing said company to transact the business of in- cate of authority. surance and establish agencies in this State. The Insurance Commissioner shall have Power of commissioner. the right and power to withdraw or revoke his certificate of authority issued by him to any insurance company, whether of this State, or of any other State, or foreign government, for any violation of the laws of this State, or whenever for good cause he shall deem it necessary or advisable. insurance ments. SEC. 6. Every corporation, company, association, society, partnership or body of Companies any kind, chartered, incorporated, organized or associated together in this State, or in considered as any State other than this, doing business in this State, and issuing or proposing to issue companies. any policy, or certificate, or instrument of any kind by which any sum or assessment, or benefit of any kind is promised, shall be deemed to be an insurance company within the meaning, and subject to the provisions of this act, and every such company, or any company chartered, incorporated or organized either under the laws of this or any other Duty to comply State for the insurance of lives upon the assessment plan, and desiring to do business with all requirein this State, shall comply with all of the requirements of this act respecting mutual companies incorporated under the laws of this State, and life insurance companies not incorporated under the laws of this State, and then the Insurance Commissioner shall issue to it his certificate of authority: Provided, that every such company shall not be required to maintain a cash reserve, nor shall policies issued by it be subject to the pro- not required. visions of the fifth and sixth clauses of the second section of this act : And provided also, that the provisions of this section shall not apply to any secret, benevolent, charitable or fraternal organization or association, duly organized or existing, or which may hereafter be duly organized in this State. person Cash reserve business in this commissioner. Agent upon whom service may be made. SEC. 7. No insurance company or corporatiou shall be engaged in, prosecute or Unlawful to do transact any insurance business within the limits of this State, without first having ob- State. tained authority therefor, agreeably to the provisions of this act, and every such company, not incorporated under the laws of this State, shall, before doing business as afore- What companies said, deliver to the "Insurance Commissioner " a certified copy of its charter or decla- certified copy of are to deliver ration of organization, and also a certificate, in such form as may be provided by the their charter to "Commissioner," of the name and residence of some person or agent within this State, upon whom service of process may be made, and all process against such company is sued out of the courts of this State, may then and thereafter be served upon such or agent so designated, and no person or persons shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any insurance company or corporation not authorized to transact business within this State, [or act within this Chap 439, vol.17. State as agent for such company or corporation (or any person or association of individuals doing a like business and not authorized to transact business within this State) or otherwise in any many manner, directly or indirectly, aid in the transaction of the business of or in the collection of any premiums, dues or assessment by or for such company, corporation, person or association of individuals, except in the prosecution or defense of suits at law, under penalty of a fine of not less than one hundred dollars or more than five hundred dollars, or imprisonment not exceeding six months, or both, at the discretion of the court.] It shall not be lawful for any person to act within this When unlawful State as agent or otherwise in receiving or procuring applications, or in any manner, for agent to act. |