2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
226 - The insurance contract.


NY Work Comp L § 226 (2012) What's This?
 
    §  226. The insurance contract. 1. Every policy of insurance providing
  the benefits required to be paid under  this  article  shall  contain  a
  provision setting forth the right of the chairman to enforce in the name
  of  the  people  of  the state of New York for the benefit of the person
  entitled to the benefits insured by  the  policy,  either  by  filing  a
  separate  application  or by making the insurance carrier a party to the
  original application, the liability of the insurance carrier in whole or
  in part for the  payment  of  such  benefits;  provided,  however,  that
  payment  in  whole or in part of such benefits by either the employer or
  the insurance carrier shall to the  extent  thereof  be  a  bar  to  the
  recovery against the other of the amount so paid.
    2.  Every  such  policy shall contain a provision that, as between the
  employee and the insurance carrier, the notice to or  knowledge  of  the
  occurrence  of  the injury or sickness on the part of the employer shall
  be deemed notice or knowledge as the case may be, on  the  part  of  the
  insurance  carrier;  that  jurisdiction  of  the employer shall, for the
  purpose of this chapter, be jurisdiction of the  insurance  carrier  and
  that  the  insurance carrier shall in all things be bound by and subject
  to the orders, findings or decisions rendered  in  connection  with  the
  payment of benefits under the provisions of this article.
    3.  Every such policy shall contain a provision to the effect that the
  insolvency or bankruptcy of the employer shall not relieve the insurance
  carrier from the payment of  benefits  for  disability  suffered  by  an
  employee during the life of such policy.
    4.  Every  policy  of  insurance  issued  to  meet the requirements of
  section two hundred eleven shall contain a provision reciting in  effect
  that  notwithstanding  any other provision of the policy, benefits shall
  be paid at least to the extent and in the  manner  and  subject  to  the
  conditions  required by the terms of the insured's provision of benefits
  under this article.
    5. No contract of insurance issued by an insurance  carrier  providing
  the benefits to be paid under this article shall be cancelled within the
  time  limited in such contract for its expiration unless notice is given
  as required by this section. When cancellation is due to non-payment  of
  premiums  such  cancellation  shall  not be effective until at least ten
  days after a  notice  of  cancellation  of  such  contract,  on  a  date
  specified  in  such notice, shall be filed in the office of the chairman
  and also served on the employer. When cancellation is due to any  reason
  other  than  non-payment  of  premiums  such  cancellation  shall not be
  effective until at least thirty days after a notice of  cancellation  of
  such contract, on a date specified in such notice, shall be filed in the
  office  of  the  chairman  and  also  served  on the employer; provided,
  however, in either case that if insurance with another insurance carrier
  has been obtained which becomes effective prior to the expiration of the
  time stated in such notice, the cancellation shall be  effective  as  of
  the  date  of  such  other  coverage. Such notice shall be served on the
  employer by delivering it to him  or  by  sending  it  by  certified  or
  registered  mail, return receipt requested, addressed to the employer at
  his or its last known place of business; provided that, if the  employer
  be  a  partnership,  then  such  notice  may  be given to any one of the
  partners, and if the employer be a corporation then the  notice  may  be
  given to any agent or officer of the corporation upon whom legal process
  may  be served, provided, however, the right to cancellation of a policy
  of insurance in the state fund shall be exercised only for nonpayment of
  premiums or as provided in section ninety-four of this chapter.
    6. (a) Any insurance carrier or the state insurance fund  who  issues,
  reinstates,  amends  or  endorses  any  contract  of  insurance or rider
  thereto providing the benefits required to be paid  under  this  article

  shall  file  notification  in the office of the chair within thirty days
  after such issuance, reinstatement,  amendment  or  endorsement  of  the
  contract.  Such  notice shall be filed in the manner and form prescribed
  by the chair.
    (b) In the event notice required under this subdivision or subdivision
  five  of  this section is not filed with the chair within the thirty-day
  time period, the chair may impose a penalty of up to one hundred dollars
  for each ten-day period the insurance carrier or  state  insurance  fund
  failed  to  file  the  notification. All penalties collected pursuant to
  this subdivision shall be deposited in the uninsured employers' fund.

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