Legislation
SECTION 31
The insurance contract
Volunteer Ambulance Workers' Benefit (VAW) CHAPTER 64-B, ARTICLE 3
§ 31. The insurance contract. 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.
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.