Bill Summary for S 489 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Mar 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 489 (Public) Filed Wednesday, March 29, 2017
AN ACT TO CLARIFY WHEN NOTICES OF CANCELLATION OF WORKERS' COMPENSATION POLICIES ARE PRESUMED EFFECTIVE AND COMPLETE AND TO PROVIDE THE PROCEDURE TO BE FOLLOWED WHEN THE DEPUTY OR MEMBER OF THE COMMISSION THAT HEARD THE PARTIES AT ISSUE AND THEIR REPRESENTATIVES AND WITNESSES IS UNABLE TO DECIDE THE CASE AND ISSUE AN AWARD.
Intro. by Bishop, Daniel, Clark.

View: All Summaries for BillTracking:

Bill summary

Current law, GS 58-36-105(b), establishes that any cancellation of workers' compensation policies permitted by the statute are not effective unless the specified written notice of cancellation has been given to the insured no less than 15 days before the proposed effective date of the cancellation. Current law adds that whenever notice of intention to cancel is given by registered or certified mail, no cancellation by the insurer is effective unless and until that method is employed and completed. This act adds a provision establishing that a notice of intent to cancel a workers' compensation policy must be conclusively presumed three days after the notice is sent if the insurer also provides notice by electronic means as defined in GS 58-2-255(a), or by first-class mail to the insured.

Current law, GS 58-2-255(b), establishes that when any insurance law of the State requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, these requirements are satisfied if the insurer complies with Article 40 of GS Chapter 66. Current law excepts from this provision the cancellation, termination, or nonrenewal of workers' compensation policies pursuant to GS 58-36-105(b). This act removes the exception for cancellation, termination, or nonrenewal of workers' compensation policies pursuant to GS 58-36-105(b). 

Applies to notices of cancellation of workers' compensation policies sent on or after the date the act becomes effective.