Opinion
Gen. No. 44,611. (Abstract of Decision.)
Opinion filed March 16, 1949 Released for publication April 11, 1949
WORKMEN'S COMPENSATION, § 179.1 — construction of premium provisions under hired automobile endorsement on employer's liability insurance. Under "Hired Teams and Hired Automobiles Endorsement" on workmen's compensation and employer's liability policies, issued to corporation engaged in interstate trucking business and employing drivers who operated their own trucks, providing that if motor vehicles including chauffeurs were employed under contract and if owner of such vehicles had not insured his compensation obligation and furnished evidence of such insurance the "actual payroll" of drivers should be included in insured employer's payroll at proper rate for operations for which they were engaged, and that if such payroll could not be obtained one-half of total amount paid for hire of such vehicles should be considered as payroll of such chauffeurs, computation of amount of payroll of contract owners for purposes of determining amount of premiums was to be made in accordance with formula in policy and not by allocating as wages on insured's books an amount equal to union scale of wages for drivers of contract owners' vehicles, where insured failed to keep actual payroll records for such drivers.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JACOB BERKOWITZ, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1948.
Petit, Olin Overmyer, for appellant;
Donald MacKay and Franklin R. Overmyer, Murray Randolph and Robert R. Harring, of counsel;
Weinzelbaum, Randolph Harring, for appellee.
Not to be published in full. Opinion filed March 16, 1949; released for publication April 11, 1949.