§ 93. Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by him to the state
insurance fund after due notice, his insurance in the state fund may be
cancelled and the amount due from him shall be collected by civil action
brought against him in any county wherein the state insurance fund
maintains an office in the name of the commissioners of the state
insurance fund and the same when collected, shall be paid into the state
insurance fund, and such policyholder's compliance with the provisions
of this chapter requiring payments to be made to the state insurance
fund shall date from the time of the payment of said money to the state
insurance fund.

b. An employer, whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium and assessments or
withdraws pursuant to section ninety-four of this article, is ineligible
to contract for a subsequent policy of insurance with the state
insurance fund while the billed premium on the cancelled policy remains
uncollected. However, the state insurance fund shall have discretion to
issue a new policy to such employer by consenting to a payment plan for
the employer to pay off the balance on the prior policy provided that
(1) any required payroll audit or self-audit has been completed at the
time the new policy is issued, (2) the employer's prior payment and
policy history meet the state insurance fund's underwriting standards,
(3) the employer has demonstrated the ability to pay the deposit premium
on the new policy and the first installment of the balance due on the
prior cancelled policy prior to issuance of the new policy, and (4) the
employer has demonstrated the ability to pay the overdue balance from
the prior cancelled policy by installments as determined by the state
insurance fund together with payments on the new policy within twelve
months from the date the new policy is issued. If an employer is issued
a new policy pursuant to this subdivision, such employer shall be
required to make the final payment on such overdue balance within twelve
months from the date the new policy is issued. If the employer defaults
on payment for either the new policy or the balance due from the prior
cancelled policy, the employer's new policy is subject to cancellation
for non-payment of premium as provided under this chapter. If the new
policy issued pursuant to this subdivision is cancelled, the employer
shall be ineligible for an additional policy until all amounts due from
all prior cancelled policies have been paid.

c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person who directly or indirectly owns or controls or owned or
controlled at the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
of premium and assessments or withdraws pursuant to section ninety-four
of this article or who is or was at the time of cancellation the
president, vice-president, secretary or treasurer of such an employer
until the billed premium on the cancelled policy is paid. The state
insurance fund shall have discretion to write a policy to such an
employer using the same terms as applicable to writing a policy of
insurance to a former policyholder that owes a balance on a prior policy
as provided under subdivision b of this section.

For purposes of this subdivision, "person" shall include individuals,
partnerships, corporations, and other associations.