Current through Register Vol. XLI, No. 40, October 4, 2024
Section 85-3-8 - Conditions8.1. Premium. - The insured shall pay when due all premiums as provided for by the rules and procedures of the Fund. Premiums shall be payable on all of the insured's employees employed within the State of West Virginia.8.2. Cancellation by insured. - The insured may terminate a policy at any time; the termination to be effective either on the day the notice of termination is received by the commission or as specified in the notice.8.3. Continuous policy; -cancellation. This policy shall remain in effect from quarter to quarter, so long as the required premiums and deposits are paid and the policy is not cancelled. The commission shall have the right to terminate this policy for nonpayment of premium or deposit, upon ten (10) day written notice to the insured stating that additional premium or deposit is due. The Commission may terminate coverage upon thirty (30) days written notice to the insured.8.4. Employee reporting. The insured shall report to the Commission the names and social security numbers of all employees employed in the State of West Virginia. Coverage will not be extended to the employer for employees that have not been reported to the commission prior to injury.8.5. Payroll reporting. - Each quarter, the insured shall report to the commission the names of all employees employed in the State of West Virginia, together with the total gross wages paid to each of those employees for that quarter. If the coverage period is less than a full calendar quarter, the insured shall determine the total gross wages paid for the period of coverage. The insured shall keep proper records and books of account with respect to the gross wages of its employees, and those records and books shall be available for audit by the commission.8.6. Cooperation. - The insured shall cooperate with the commission in the defense of any claim or suit brought under this policy. Such cooperation shall include, without limitation, the attendance at hearings or trials and any assistance in securing or giving relevant evidence.8.7. Voluntary payments and settlements. - The Fund shall not be liable for any payment made to any employee, without the written consent of the commission. The Fund shall not be liable for any settlements of a claim or suit agreed to by an insured and its employee, without the written consent of the commission.8.8. Subrogation. - In the event of any payment under this policy, the commission shall be subrogated to the rights of recovery of the insured. The insured shall execute and deliver any documents and do whatever else is necessary to secure the commission's rights of subrogation. The insured shall do nothing to prejudice those rights.8.9. Other insurance. The insured is required choose primary or secondary coverage. a. If the insured chooses primary coverage, the Fund will provide coverage for any applicable claim or suit prior to coverage by other insurance coverage. b. If the insured chooses secondary coverage, the Fund will provide coverage for any applicable claim or suit only after all other insurance coverage applicable to any claim or suit has been exhausted.1. In order to qualify for secondary coverage, the insured is required to provide evidence of primary coverage to the commission.2. In the event that an insured is permitted to pay the secondary coverage rate and a claim or suit is filed against the insured and thereafter it is discovered that primary coverage from another insurer was not in effect, then the insured shall be excluded from coverage in the same manner as provided in section seven (§ 85-3-7) of this rule.c. Rates for primary and secondary coverages shall be developed in accordance with the determinations of the Board of Managers in accordance with the provisions of section four (S85-3-4) of this rule.8.10. Modifications; waiver. - This policy may not be modified except by written agreement of the parties. No rights of the commission under this policy may be waived, except by a written waiver signed by an authorized representative of the commission.8.11. Notice. Notice to the insured may be sent registered mail to the address listed on the declarations page. Notice to the Fund must be sent registered mail to the Executive Director of the Workers' Compensation Commission. Employers' Excess Liability Fund at the West Virginia Workers' Compensation headquarters in Charleston. West Virginia.