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.
Last modified: February 3, 2019