Legislation
SECTION 31
The insurance contract
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 3
§ 31. The insurance contract. 1. The provisions of subdivisions one,
two, four, five and seven of section fifty-four of the workmen's
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 workmen's 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. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect on or after March first,
nineteen hundred sixty-two, and any renewal thereof, (1) shall be a
separate and distinct contract, (2) shall not be attached as an
endorsement or rider to, or in any other way form a part of, a workmen's
compensation insurance contract, (3) shall not have attached thereto any
endorsement or rider covering any liability under the workmen's
compensation law and (4) shall not be on a contract form used by the
insurance carrier for the purpose of insuring employers against
liabilities imposed by the workmen's compensation law, or is attached to
any such form as an endorsement or rider.
3. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect prior to March first,
nineteen hundred sixty-two, shall not be renewed to continue in effect
on or after March first, nineteen hundred sixty-three, if (1) it is
attached as an endorsement or rider to, or in any other way forms a part
of, a workmen's compensation insurance contract, (2) it has attached
thereto any endorsement or rider covering liability under the workmen's
compensation law or (3) it is on a contract form used by the insurance
carrier for the purpose of insuring employers against liabilities
imposed by the workmen's compensation law, or is attached to any such
form as an endorsement or rider.
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 first day of July, nineteen hundred sixty-one,
shall contain a provision reading as follows: "This contract does not
provide (1) any coverage under the Workers' Compensation Law or the
Volunteer Firefighters' Benefit Law for which any fire district would be
liable under such laws, (2) any workers' compensation benefits for fire
district officers and employees for which any fire district would be
liable under the Workers' Compensation Law, or (3) any volunteer
firefighters' benefits for any volunteer firefighters for which any fire
district would be liable under the Volunteer Firefighters' Benefit Law.
The foregoing provision does not apply in relation to volunteer
firefighters' benefit coverage and volunteer firefighters' benefits
provided for and in relation to the following named fire districts which
have expressly requested coverage under this contract pursuant to the
provisions of section thirty-two of the Volunteer Firefighters' Benefit
Law, to wit: (If there are no exceptions, enter 'No exceptions'). The
term 'fire districts', as used in this provision, does not include the
fire protection districts and fire alarm districts mentioned in sections
one hundred eighty-three and one hundred eighty-four of the Town Law."
two, four, five and seven of section fifty-four of the workmen's
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 workmen's 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. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect on or after March first,
nineteen hundred sixty-two, and any renewal thereof, (1) shall be a
separate and distinct contract, (2) shall not be attached as an
endorsement or rider to, or in any other way form a part of, a workmen's
compensation insurance contract, (3) shall not have attached thereto any
endorsement or rider covering any liability under the workmen's
compensation law and (4) shall not be on a contract form used by the
insurance carrier for the purpose of insuring employers against
liabilities imposed by the workmen's compensation law, or is attached to
any such form as an endorsement or rider.
3. An insurance contract to indemnify against liability imposed by
this chapter originally issued to take effect prior to March first,
nineteen hundred sixty-two, shall not be renewed to continue in effect
on or after March first, nineteen hundred sixty-three, if (1) it is
attached as an endorsement or rider to, or in any other way forms a part
of, a workmen's compensation insurance contract, (2) it has attached
thereto any endorsement or rider covering liability under the workmen's
compensation law or (3) it is on a contract form used by the insurance
carrier for the purpose of insuring employers against liabilities
imposed by the workmen's compensation law, or is attached to any such
form as an endorsement or rider.
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 first day of July, nineteen hundred sixty-one,
shall contain a provision reading as follows: "This contract does not
provide (1) any coverage under the Workers' Compensation Law or the
Volunteer Firefighters' Benefit Law for which any fire district would be
liable under such laws, (2) any workers' compensation benefits for fire
district officers and employees for which any fire district would be
liable under the Workers' Compensation Law, or (3) any volunteer
firefighters' benefits for any volunteer firefighters for which any fire
district would be liable under the Volunteer Firefighters' Benefit Law.
The foregoing provision does not apply in relation to volunteer
firefighters' benefit coverage and volunteer firefighters' benefits
provided for and in relation to the following named fire districts which
have expressly requested coverage under this contract pursuant to the
provisions of section thirty-two of the Volunteer Firefighters' Benefit
Law, to wit: (If there are no exceptions, enter 'No exceptions'). The
term 'fire districts', as used in this provision, does not include the
fire protection districts and fire alarm districts mentioned in sections
one hundred eighty-three and one hundred eighty-four of the Town Law."