Section 287.300

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 287

Effective - 28 Aug 1965   

  287.300.  Employer's liability primary or secondary — notice and service, when sufficient. — If the employer is not insured his liability hereunder shall be primary and direct.  If he is insured his liability shall be secondary and indirect, and his insurer shall be primarily and directly liable hereunder to the injured employee, his dependents or other persons entitled to rights hereunder.  On the request of the division or the commission and at every hearing the employer shall produce and furnish it with a copy of his policy of insurance, and on demand the employer shall furnish the injured employee, or his dependents, with the correct name and address of his insurer, and his failure to do so shall be prima facie evidence of his failure to insure, but the presumption shall be conclusively rebutted by an entry of appearance of his insurer.  Both the employer and his insurer shall be parties to all agreements or awards of compensation, but the same shall not be enforceable against the employer, except on motion and proof of default by the insurer.  Service on the employer shall be sufficient to give the division or the commission jurisdiction over the person of both the employer and his insurer, and the appearance of the employer in any proceeding shall also constitute the appearance of his insurer, provided that after appearance by an insurer, the insurer shall be entitled to notice of all proceedings hereunder.

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(RSMo 1939 § 3715, A.L. 1965 p. 397)

Prior revision: 1929 § 3325

(1964) Compensation award was void for lack of jurisdiction as against insurance company where company had appeared specially to deny that it was employer's insurer on date of employee's injury and subsequent notices of hearing were not sent to insurance company and stated that insurer was unknown.  Woodruff v. Tourville Quarry, Inc. (A.), 381 S.W.2d 14.