Section 31. The insurance contract  


Latest version.
  • 1. The provisions of subdivisions one,
      two, four,  five  and  seven  of  section  fifty-four  of  the  workers'
      compensation  law,  in relation to the insurance contract, which are not
      inconsistent with this chapter, shall be applicable as fully as  if  set
      forth herein. The insurance carrier shall be a party to all hearings and
      determinations  by  the  workers'  compensation  board or the courts and
      shall have the right to raise or plead  any  defense  available  to  the
      political  subdivision  liable in the first instance for the benefits to
      be paid and provided by this chapter.
        2. A contract of insurance indemnifying against the liability  imposed
      by this chapter issued by an insurance carrier to a county or a town and
      in force on or after the enactment date of such chapter, shall contain a
      provision  reading  as follows:  "This contract does not provide (a) any
      coverage under the Workers' Compensation Law or the Volunteer  Ambulance
      Workers'  Benefit  Law  for which any ambulance district would be liable
      under such laws, (b) any workers' compensation  benefits  for  ambulance
      district officers and employees for which any ambulance company would be
      liable  under  the  Workers'  Compensation  Law,  or  (c)  any volunteer
      ambulance workers' benefits for any  volunteer  ambulance  workers'  for
      which  any  ambulance  district  would  be  liable  under  the Volunteer
      Ambulance Workers' Benefit Law." The foregoing provision does not  apply
      in  relation  to  volunteer  ambulance  workers'  benefit  coverage  and
      volunteer ambulance workers' benefits provided for and  in  relation  to
      the  following  named ambulance districts which have expressly requested
      coverage under this contract  pursuant  to  the  provisions  of  section
      thirty-two  of  this article, to wit: (If there are no exceptions, enter
      "No exceptions").
        3. An insurance contract to indemnify  against  liability  imposed  by
      this  chapter  originally issued to take effect on or after March first,
      next succeeding the enactment date of  this  chapter,  and  any  renewal
      thereof, (a) shall be a separate and distinct contract, (b) shall not be
      attached  as an endorsement or rider to, or in any other way form a part
      of, a workers' compensation  insurance  contract,  (c)  shall  not  have
      attached  thereto  any endorsement or rider covering any liability under
      the workers' compensation law and (d) shall not be on  a  contract  form
      used  by  the  insurance  carrier  for the purpose of insuring employers
      against liabilities imposed by the  workers'  compensation  law,  or  is
      attached to any such form as an endorsement or rider.
        4.  An  insurance  contract  to indemnify against liability imposed by
      this chapter originally issued to take effect  prior  to  the  enactment
      date  of  such chapter, shall not be renewed to continue in effect on or
      after March first, in the year of the enactment of this chapter, if  (a)
      it  is attached as an endorsement or rider to, or in any other way forms
      a part of, a  workers'  compensation  insurance  contract,  (b)  it  has
      attached  thereto  any endorsement or rider covering liability under the
      workers' compensation law or (c) it is on a contract form  used  by  the
      insurance   carrier  for  the  purpose  of  insuring  employers  against
      liabilities imposed by the workers' compensation law, or is attached  to
      any such form as an endorsement or rider.