Bill Summaries: S489 CLARIFY WORKERS' COMP. POLICY CANCELLATION.

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  • Summary date: Jul 25 2017 - View Summary

    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. Enacted July 20, 2017. Effective July 20, 2017.


  • Summary date: Jun 26 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition:

    Amends the long title.

    Amends GS 58-36-105 (Certain workers' compensation insurance policy cancellations prohibited). Deletes the proposed provision that, within three business days of cancellation of a workers' compensation insurance policy under this statute, the insurer must provide notice by first-class mail to any person to whom the insurer has provided a certificate of insurance under GS 97-19.

    Amends GS 97-84 (Determination of disputes by Commission or deputy). Provides that if a deputy or member of the NC Industrial Commission that heard a dispute is unable to determine the matters in dispute and issue an award, the Commission may assign another deputy or member to decide the case and issue an award. Makes a technical change. Effective when the bill becomes law, and applies to claims pending on or after the effective date of this act.

    The remainder of the act is effective when it becomes law and applies to notices of cancellation of workers' compensation policies sent on or after that date.


  • Summary date: Apr 26 2017 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Deletes the proposed changes to GS 58-36-105(b) and instead provides as follows. Specifies that notice of intent to cancel a workers' compensation policy given by registered or certified mail is conclusively presumed completed three days after the notice is sent if, on the same day that the notice is sent by registered or certified mail, the insurer also provides notice by first‑class mail and by electronic means if available to the insured and any other person designated in the policy to receive notice. Provides that a supplemental notice given by electronic means is effective for the limited purpose of establishing this conclusive presumption. Requires that the insurer give notice via first class mail to any person to whom the insurer has provided a certificate of insurance, within three business days of cancellation.


  • Summary date: Apr 25 2017 - View Summary

    To be summarized.


  • Summary date: Mar 29 2017 - View 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.