State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 226

§  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  articleshall  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.

State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 226

§  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  articleshall  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-9 > 226

§  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  articleshall  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.