What it does
WC 31 03 08 (New York manual, original printing issued January 1, 2000) applies only to Part Two (Employers Liability) because New York is shown in Item 3.A. It states that the insurer may not limit its liability to pay damages for bodily injury to the insured's employees when the injury arises out of and in the course of employment that is subject to and compensable under the New York Workers' Compensation Law.
Who needs it
Every New York policy. The manual note says the endorsement must be attached to every policy showing New York in Item 3.A.
Key provisions
- For New York compensable injuries, the Item 3.B. employers liability limits do not cap the insurer's obligation; employers liability in New York is effectively unlimited for those claims.
- The scheduled limits still apply to employers liability claims outside that description, such as injuries in other states or claims not arising from New York-compensable employment.
Quoting and selling notes
- When an injured worker sues an owner or contractor and that party seeks contribution or indemnity from the employer, Part Two responds without a dollar cap for New York-compensable injuries.
- Umbrella and excess underwriters still ask for the Item 3.B. limits; set them to the umbrella's requirement for non-New York exposures.
- New York policies follow the New York Compensation Insurance Rating Board's manual and forms (WC 31 series) in addition to the NCCI forms the board adopts.
Related forms
Base policy WC 00 00 00; Information Page WC 00 00 01; NY construction credit WC 31 03 23.
