N.Y. Volunteer Firefighters' Benefit Law § 31: The insurance contract

§ 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."