§ 31 — The insurance contract

§ 31. The insurance contract. 1. The provisions of subdivisions one,\ntwo, four, five and seven of section fifty-four of the workmen's\ncompensation law, in relation to the insurance contract, which are not\ninconsistent with this chapter, shall be applicable as fully as if set\nforth herein. The insurance carrier shall be a party to all hearings and\ndeterminations by the workmen's compensation board or the courts and\nshall have the right to raise or plead any defense available to the\npolitical subdivision liable in the first instance for the benefits to\nbe paid and provided by this chapter.\n 2. An insurance contract to indemnify against liability imposed by\nthis chapter originally issued to take effect on or after March first,\nnineteen hundred sixty-two, and any renewal thereof, (1) shall be a\nseparate and distinct contract, (2) shall not be attached as an\nendorsement or rider to, or in any other way form a part of, a workmen's\ncompensation insurance contract, (3) shall not have attached thereto any\nendorsement or rider covering any liability under the workmen's\ncompensation law and (4) shall not be on a contract form used by the\ninsurance carrier for the purpose of insuring employers against\nliabilities imposed by the workmen's compensation law, or is attached to\nany such form as an endorsement or rider.\n 3. An insurance contract to indemnify against liability imposed by\nthis chapter originally issued to take effect prior to March first,\nnineteen hundred sixty-two, shall not be renewed to continue in effect\non or after March first, nineteen hundred sixty-three, if (1) it is\nattached as an endorsement or rider to, or in any other way forms a part\nof, a workmen's compensation insurance contract, (2) it has attached\nthereto any endorsement or rider covering liability under the workmen's\ncompensation law or (3) it is on a contract form used by the insurance\ncarrier for the purpose of insuring employers against liabilities\nimposed by the workmen's compensation law, or is attached to any such\nform as an endorsement or rider.\n A contract of insurance indemnifying against the liability imposed by\nthis chapter issued by an insurance carrier to a county or a town and in\nforce on or after the first day of July, nineteen hundred sixty-one,\nshall contain a provision reading as follows: "This contract does not\nprovide (1) any coverage under the Workers' Compensation Law or the\nVolunteer Firefighters' Benefit Law for which any fire district would be\nliable under such laws, (2) any workers' compensation benefits for fire\ndistrict officers and employees for which any fire district would be\nliable under the Workers' Compensation Law, or (3) any volunteer\nfirefighters' benefits for any volunteer firefighters for which any fire\ndistrict would be liable under the Volunteer Firefighters' Benefit Law.\nThe foregoing provision does not apply in relation to volunteer\nfirefighters' benefit coverage and volunteer firefighters' benefits\nprovided for and in relation to the following named fire districts which\nhave expressly requested coverage under this contract pursuant to the\nprovisions of section thirty-two of the Volunteer Firefighters' Benefit\nLaw, to wit: (If there are no exceptions, enter 'No exceptions'). The\nterm 'fire districts', as used in this provision, does not include the\nfire protection districts and fire alarm districts mentioned in sections\none hundred eighty-three and one hundred eighty-four of the Town Law."\n