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shall keep a separate account of all money collected from such hail insurance premiums, and he shall pay the same over to the State Treasurer, taking his receipt therefor, not less than ten per cent at the end of each month, and the balance not later than September first of each year.
Sec. 6. Adjuster of losses.-The county commissioners of each county shall at the April meeting of the board appoint one competent person who shall be a resident of the county to act as official adjuster of losses or damages caused by hail to any crop that has been insured under the provisions of this chapter. If the county commissioners fail or neglect to appoint an official adjuster as herein required the commissioner of hail insurance shall appoint an official adjuster for such county and such official adjuster shall have all the powers and perform all the duties imposed upon official adjusters appointed by the county commissioners, according to the provisions of this chapter. The county clerk shall immediately after such appointment, notify the commissioner of hail insurance of the same, and no such appointment shall be effective unless confirmed and approved by the said commissioner of hail insurance. The commissioner of hail insurance shall have power and authority to remove or discharge any such official adjuster for misconduct, incompetency or neglect of duty, and such commissioner may in his discretion direct such official adjuster to adjust losses or damages caused by hail to any crop insured under the provisions of this act in any county or counties in this state, adjacent to the county in which he was appointed. The official adjuster shall receive as compensation for his services the sum of Five ($5.00) Dollars per day and his actual and necessary expenses while engaged in the actual and necessary performance of his duty. The official adjuster shall adjust losses or damages caused by hail to any crop that has been insured under the provisions of this act, and it is hereby made his duty to adjust all losses and damages within his county, or within any other county or counties adjacent to the county in which he is appointed when so directed by the commissioner of hail insurance. When any party that is insured as herein provided. has sustained a loss by hail, he shall promptly thereafter notify the commissioner of insurance of such loss. The commissioner of insurance shall, as soon as possible after receiving the notice. of loss direct an official adjuster to visit the place of loss and proceed to estimate and adjust such loss. In so doing, it shall
be his duty to carefully inquire into the condition of the crop before the loss occurred, as to whether it was poor, medium or good, and if he deems it necessary he shall have power to call witnesses to testify as to the condition of the crop before the same was damaged or destroyed and he shall make his estimate and adjustment after ascertaining the condition of the crop before and after the loss occurred. In estimating the loss the official adjuster shall allow as damages the proportion which the crop as damaged bears to the crop if no loss had occurred. If the total value of the crop insured be less than Ten ($10.00) Dollars per acre, then in case of total loss the insured shall receive the total value thereof, and if the loss be partial, then the insured shall receive that percentage of value which the loss bears to the total value of the crop insured. If the value of the crop be more than Ten ($10.00) Dollars per acre, the insured shall receive that percentage of the maximum of Ten ($10.00) Dollars which the loss bears to the total value of the crop. Provided, however, that in no case shall more than Ten ($10.00) Dollars per acre be allowed as the maximum for wheat, flax, oats, barley, corn, rye and other grains.
Sec. 7. Adjustment of losses. In case the party that has sustained the loss is dissatisfied with and refuses to accept the adjustment made by the official adjuster, then he shall have the right to appoint one disinterested person as adjuster, and the official adjuster shall appoint another person as adjuster, and the two shall elect a third disinterested person, and the three shall then proceed to adjust the loss in the same manner as specified in Section 6, and the judgment of the majority shall be the judgment of said adjusters and shall be binding upon both parties as the final determination of said loss: Provided, however, that if the insured does not recover a greater sum than allowed by the official adjuster in the first instance, he shall pay the expenses of the said three adjusters and their witnesses in making said adjustment, but if he receives a larger sum, then the same shall be paid by the commissioner of hail insurance out of the hail insurance fund.
Sec. 8. Report of adjustment. At the final adjustment of each loss the adjuster shall then and there carefully fill out and make a report in triplicate on an adjustment blank prepared for him for that purpose, stating the county, township and range, the number of the section and the quarter of the section or sub-division thereof on which the crop was damaged or de
stroyed, also the number of acres and different kinds of grains estimated damaged or destroyed. Stating the amount allowed for each separately, and that such estimate is true and not in excess of the actual loss sustained, which said adjustment papers must be signed and sworn to by the official adjuster, or all the adjusters when arbitration is resorted to, acting as adjuster, and the party whose loss has been adjusted, with the residence and the post office address of both. The official adjuster shall, within a reasonable time, not to exceed five days, forward by registered mail said adjustment papers, the original to the commissioner of hail insurance at Lincoln, Nebraska, one copy to the county clerk and one copy to the insured.
Sec. 9. Compensation of adjusters.-The official adjuster shall receive as compensation for his services the amount specified in Section 6 of this chapter. All persons called on to assist in adjusting a hail loss, whether acting as adjusters or as witnesses, shall receive the sum of Two ($2.00) Dollars per day for all services so rendered. The official adjuster shall itemize said expense account for each loss or adjustment made, which account must be sworn to and forwarded to the commissioner of hail insurance, and the same shall upon being approved by the hail insurance commissioner, be paid out of the state hail insurance fund, on warrants drawn by the state auditor. Provided, however, that such adjuster or adjusters shall not be entitled to receive or be paid any compensation or expenses as herein provided, unless all adjustments by him made shall be reported to the commissioner of hail insurance, as required in this act, within ten days from the time such adjustment or adjustments were made.
Sec. 10. Insurance fund-how kept.-The state treasurer shall keep all moneys paid by the several county treasurers from the collections of hail insurance in a separate fund to be designated and known as the hail insurance fund, and the treasurer shall pay out of said fund only upon warrants of the state auditor.
Sec. 11. Losses in excess of income. When the several county clerks of this state shall have made complete returns. showing the number of acres insured for that year the commission of hail insurance shall sum up the total hail insurance fund for that year, when he shall have received a complete return from all of the hail losses in the state as adjusted and allowed,
he shall sum up the total of such amounts for that year. He shall sum up the expenses of his office as follows:
First: The total amount allowed for adjusting losses.
Second: The total amount estimated necessary for deputies and clerk hire in the insurance department for said year.
Third: The amount estimated necessary for books, blanks, stationery, postage and other expenses incident to the running and operating of the said hail insurance department, for one year; the total sum of such expense account shall first be deducted from the total amount of the hail insurance receipts for that year and paid, and if the balance remaining is sufficient all hail losses shall be paid in full as allowed by the adjusters, but if the expenses and hail losses shall exceed the amount of hail insurance receipts for that year, the expenses shall be paid first and the losses shall be paid pro rata. However, should there in any one year after all expenses and losses have been paid, still be a surplus, then such surplus shall remain in the state treasury in the hail insurance fund to be drawn upon in such future years as there might be a deficiency.
Sec. 12. Neglect of county clerk-penalty. Any county clerk in this state who shall fail or neglect to make complete returns, statements and reports, as required in this act, to the commissioner of hail insurance as soon as possible or at the times specified in any section of this chapter, shall forfeit the sum of Ten ($10.00) Dollars per day for each day during which he neglects to make such statements, returns or reports to the commissioner of hail insurance, and upon complaint or notice by the said commissioner to the attorney general of the state, it shall be the duty of the attorney general to proceed to collect the amount of such penalty from any delinquent clerk.
Sec. 13. Report of losses-county clerk make.-When the commissioner of hail insurance has figured up the whole years' business, which shall be as soon as possible after the returns have come in, as indicated in section eleven hereof, he shall prepare and furnish to the state auditor a certified list of the losses arranged by counties, showing the names and addresses of persons who have suffered loss by hail and are entitled to compensation for such losses under the provisions of this act, the appraised losses and the amount to be paid each such person; upon receipt of this list from the commissioner of hail
insurance it shall be the duty of the state auditor immediately to draw warrants for said amounts upon the state treasurer, the amounts of which shall be charged to the state hail insurance fund, in favor of each person entitled thereto, and to mail such warrants forthwith to each person entitled thereto, as shown by the certified list of the state hail insurance commissioner aforesaid. It shall also be the duty of the state hail insurance commissioner to mail a copy of each such list of losses and amounts allowed to each and every person named in such list and who has suffered loss by hail during the year for which such list is made.
Sec. 14. Assignment or mortgage of crop-effect. In every case where the crops insured have been assigned to any other party or person other than the one originally insured then the proceeds shall be paid to the assignee, and provided further that it shall be paid to the mortgagee in cases where the insured so directs.
Sec. 15. General report of insurance.-The commissioner of hail insurance shall on or about the first day of December in each year issue and publish in four newspapers of general circulation within the state a concise statement of the work and condition of the hail insurance department during the preceding year. He shall also make a biennial report to the legislature. Approved, April 26, 1917.
(House Roll No. 192.)
[Introduced by Mr. Hopkins.]
AN ACT authorizing and regulating the exchange of certain classes or Reciprocal or Inter-Insurance contracts among individuals, partnerships and corporations; empowering corporations generally to make such contracts; regulating process in suits on such contracts; fixing certain fees; and providing penalties for violation of this Act.
Be It Enacted by the People of the State of Nebraska:
Section 1. Reciprocal insurance.-Individuals, partnerships, and corporations in this state hereby designated as subscribers,