2023 New York Laws › WKC - Workers' Compensation › Article 6 - State Insurance Fund. › 93 - Collection of Premium in Case of Default.

§  93.  Collection of premium in case of default. a. If a policyholder
  shall default in any payment required to be made by  him  to  the  state
  insurance  fund after due notice, his insurance in the state fund may be
  cancelled and the amount due from him shall be collected by civil action
  brought against him in any  county  wherein  the  state  insurance  fund
  maintains  an  office  in  the  name  of  the commissioners of the state
  insurance fund and the same when collected, shall be paid into the state
  insurance fund, and such policyholder's compliance with  the  provisions
  of  this  chapter  requiring  payments to be made to the state insurance
  fund shall date from the time of the payment of said money to the  state
  insurance fund.
b.  An  employer,  whose policy of insurance has been cancelled by the
  state insurance fund for  non-payment  of  premium  and  assessments  or
  withdraws pursuant to section ninety-four of this article, is ineligible
  to  contract  for  a  subsequent  policy  of  insurance  with  the state
  insurance fund while the billed premium on the cancelled policy  remains
  uncollected.  However, the state insurance fund shall have discretion to
  issue a new policy to such employer by consenting to a payment plan  for
  the  employer  to  pay off the balance on the prior policy provided that
  (1) any required payroll audit or self-audit has been completed  at  the
  time  the  new  policy  is  issued, (2) the employer's prior payment and
  policy history meet the state insurance fund's  underwriting  standards,
  (3) the employer has demonstrated the ability to pay the deposit premium
  on  the  new  policy and the first installment of the balance due on the
  prior cancelled policy prior to issuance of the new policy, and (4)  the
  employer  has  demonstrated  the ability to pay the overdue balance from
  the prior cancelled policy by installments as determined  by  the  state
  insurance  fund  together  with payments on the new policy within twelve
  months from the date the new policy is issued. If an employer is  issued
  a  new  policy  pursuant  to  this  subdivision,  such employer shall be
  required to make the final payment on such overdue balance within twelve
  months from the date the new policy is issued. If the employer  defaults
  on  payment  for either the new policy or the balance due from the prior
  cancelled policy, the employer's new policy is subject  to  cancellation
  for  non-payment  of  premium as provided under this chapter. If the new
  policy issued pursuant to this subdivision is  cancelled,  the  employer
  shall  be ineligible for an additional policy until all amounts due from
  all prior cancelled policies have been paid.
c. The state insurance fund shall not be required to write a policy of
  insurance for any employer which is owned or controlled or the  majority
  interest of which is owned or controlled, directly or indirectly, by any
  person  who  directly  or  indirectly  owns  or  controls  or  owned  or
  controlled at the time of cancellation an employer whose  former  policy
  of insurance with the state insurance fund was cancelled for non-payment
  of  premium and assessments or withdraws pursuant to section ninety-four
  of this article or who is  or  was  at  the  time  of  cancellation  the
  president,  vice-president,  secretary  or treasurer of such an employer
  until the billed premium on the cancelled  policy  is  paid.  The  state
  insurance  fund  shall  have  discretion  to  write  a policy to such an
  employer using the same terms as  applicable  to  writing  a  policy  of
  insurance to a former policyholder that owes a balance on a prior policy
  as provided under subdivision b of this section.
For  purposes of this subdivision, "person" shall include individuals,
  partnerships, corporations, and other associations.