West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-03 - Administration Of The Employers' Excess Liability Fund › Section 85-3-8 - Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 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.