N.Y. Workers' Compensation Law § 226: The insurance contract

§ 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 chair 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 chair 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

as prescribed by the chair, including delivering it to him or her by

electronic means; 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 article

shall 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.

7. The chair may require by regulation that every policy of family

leave insurance contain a provision requiring that all disputes be

resolved by designated alternative dispute resolution process in

accordance with such regulations.

8. Premiums for policies providing disability or family leave benefits

in accordance with this article shall be calculated in accordance with

applicable provisions of the insurance law, including subsection (n) of

section four thousand two hundred thirty-five of such law.

9. Except as set forth in subdivision eight of section two hundred

eleven of this article, every policy of insurance issued pursuant to

this article must offer coverage for both disability and family leave

benefits.