Every policy of insurance covering the liability of the employer for workers' compensation shall cover the entire liability of the employer to his employees covered by the policy or contract, and be deemed to contain the following provisions:
1. That as between the employee and the insurance carrier the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge of the insurance carrier.
2. That jurisdiction of the employer shall be jurisdiction of the insurance carrier.
3. That the insurance carrier shall be bound by and subject to the orders, findings, decisions and awards rendered against the employer for payment of compensation.
4. That the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the insurance carrier or workers' compensation pool from payment of compensation for injuries or death sustained by an employee during the life of the policy or contract.
Notes of Decisions
Zurich Am. Ins. v. Int'l Fibercom, Inc. (In Re Int'l Fibercom, Inc.), 503 F.3d 933 (9th Cir. 2007).
· cites it 3× “2d at 1273 (quoting Ariz.Rev.Stat. § 23-963). Even if the debtor in Texscan failed to pay its premiums or otherwise breached the contract, the insurance company would be obligated to continue covering workers’ compensation claims that arose prior to the policy’s expiration.”
State Comp. Fund v. Mar Pac Helicopter Corp., 752 P.2d 1 (Ariz. Ct. App. 1987).
· cites it 6× “2 Furthermore, it contended that A.R.S. § 23-963 prevented it from accepting coverage yet excluding the objectionable operation.”
Indus. Comm'n v. Old Repub. Ins., 219 P.3d 285 (Ariz. Ct. App. 2009).
· cites it 2× “See A.R.S. §§ 23-963, -963.01(A). Under a deductible policy, the carrier pays the entire compensable claim, but is reimbursed by the employer for any amount paid up to the amount of the deductible.”
Nation v. Weiner, 701 P.2d 1222 (Ariz. Ct. App. 1985).
· cites it 2× “A.R.S. § 23-963 provides that: “Every policy of insurance covering the liability of the employer for workmen’s compensation .”
Avila v. Northrup King Co., 880 P.2d 717 (Ariz. Ct. App. 1994).
· cites it 2× “section 23-963 (Supp. 1993), this coverage extended as a matter of law to Avila, and Northrup's insurance carrier would have been liable for benefits had Avila filed a compensation claim against Northrup rather than EMCO.”
Holmes Tuttle Broadway Ford v. Indus. Comm'n, 551 P.2d 577 (Ariz. Ct. App. 1976).
· cites it 2× “A.R.S. § 23-963(1). However, we do not believe that a showing of such an agency relationship is necessary in order to establish meritorious reasons for the late filing.”
White Mountain Apache Tribe v. Indus. Comm'n, 696 P.2d 223 (Ariz. Ct. App. 1985).
· cites it 2× “The carrier has argued that A.R.S. § 23-963(2) which provides that all compensation policies shall be deemed to contain a provision “that jurisdiction of the employer shall be jurisdiction of the insurance carrier” also requires a holding that the Commission lacks “jurisdiction”…”
Labor Force v. Indus. Comm'n, 911 P.2d 553 (Ariz. Ct. App. 1995).
“Section 23-963 5 requires workers’ compensation insurance to cover an insured employer’s entire liability.”
Zurich Am. Ins. Co. v. Int'l Fibercom, Inc. (9th Cir. 2007).
· cites it 3× “Even if the debtor in Tex- scan failed to pay its premiums or otherwise breached the contract, the insurance company would be obligated to con- tinue covering workers’ compensation claims that arose prior to the policy’s expiration. Id.”
Home Ins. v. Indus. Comm'n, 535 P.2d 1305 (Ariz. Ct. App. 1975).
· cites it 6× “Home urges that because D & L failed to comply with the exact letter of Rule 26, supra, no valid contract for insurance exists between Home and D & L as to Glover’s injury, citing A.R.S. § 23-963. The hearing officer, from the facts recited aforesaid, found substantial…”
— Ariz. Rev. Stat. § 23-963(1) — 1 case
Holmes Tuttle Broadway Ford v. Indus. Comm'n, 551 P.2d 577 (Ariz. Ct. App. 1976).
“A.R.S. § 23-963(1). However, we do not believe that a showing of such an agency relationship is necessary in order to establish meritorious reasons for the late filing.”
— Ariz. Rev. Stat. § 23-963(2) — 1 case
White Mountain Apache Tribe v. Indus. Comm'n, 696 P.2d 223 (Ariz. Ct. App. 1985).
“The carrier has argued that A.R.S. § 23-963(2) which provides that all compensation policies shall be deemed to contain a provision “that jurisdiction of the employer shall be jurisdiction of the insurance carrier” also requires a holding that the Commission lacks “jurisdiction”…”
— Ariz. Rev. Stat. § 23-963(4) — 1 case
Zurich Am. Ins. v. Int'l Fibercom, Inc. (In Re Int'l Fibercom, Inc.), 503 F.3d 933 (9th Cir. 2007).
“2d at 1273 (quoting Ariz.Rev.Stat. § 23-963). Even if the debtor in Texscan failed to pay its premiums or otherwise breached the contract, the insurance company would be obligated to continue covering workers’ compensation claims that arose prior to the policy’s expiration.”
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