115 P.2d 130 | Okla. | 1941
The sole question presented is whether the State Industrial Commission was justified in refusing to recognize and give effect to an alleged private agreement for the cancellation of one of two policies of insurance covering the same employer, where the claimant was injured after the effective date of such alleged agreement, but before cancellation notice had been filed with the Industrial Commission as required by section 13377(e), O. S. 1931, 85 O.S.A. § 64(e).
From the record it appears that the employer, Pete Parks, doing business as Independent Tank Company, had for some time prior to June 1, 1940, carried an insurance policy issued by Tri-State Casualty Company, covering accidental injuries to his employees, which was duly filed with the Industrial Commission. In May, 1940, he took out another policy with Employers Casualty Company, which was also duly filed with the commission. Both policies insured against the same risk. In the latter part of May, 1940, Parks requested the cancellation of the Tri-State policy. The evidence as to when an agreement to cancel was reached, and when the cancellation was to take effect, is conflicting, and we express no opinion thereon, but will assume, as contended by Tri-State, that the effective date of cancellation was June 1, 1940. Speer received a compensable injury on June 3, 1940. On June 6, 1940, Tri-State filed with the commission its notice of cancellation. Under section 13377, such cancellation was effective on June 16, 1940. The Industrial Commission held that the Tri-State policy was in effect on the date of Speer's injury, made an award to Speer, and directed payment thereof by Parks and both insurance companies.
Tri-State does not question the correctness of prior decisions of this court holding compliance with the cancellation provision of section 13377 mandatory. See Maryland Casualty Co. v. Johnson,
The State Industrial Commission is an administrative tribunal with limited jurisdiction, its primary purpose being to speedily adjust settlements between injured workmen engaged in hazardous employment and their employers. Wilson Drilling Co. v. Beyer,
The cancellation provision of section 13377 was enacted for the purpose, among others, of relieving the commission of the necessity of passing upon contractual rights or engagements between the employer and insurance carrier. It gave a statutory life to the policy, so that no private act or agreement of the insurer and insured could deprive an injured employee of its protection. Home Petroleum Co. v. Chipman,
The law requires the employer to provide or secure compensation for his employees, and penalizes him for failure to do so. Akin v. Shelton,
Tri-State calls attention to 71 C. J. 914; Gratopp v. Carde Stamping Tool Co.,
The cancellation provision in section 13377 being plain and unequivocal, and binding upon the insurance carrier from and after the issuance of the policy, the award was properly made against both insurance carriers. We are not here concerned with the question as to the rights of the insurance companies as between themselves, or as between them and either of them and the employer, and express no opinion thereon.
Award sustained.
WELCH, C. J., CORN, V. C. J., and RILEY, OSBORN, BAYLESS, DAVISON, and ARNOLD, JJ., concur. GIBSON, J., concurs in conclusion.