20 C.F.R. § 726.1
Statutory insurance requirements for coal mine operators
Section 423 of title IV of the Federal Coal Mine Health and Safety Act as amended (hereinafter the Act) requires each coal mine operator who is operating or has operated a coal mine in a State which is not included in the list published by the Secretary (see part 722 of this subchapter) to secure the payment of benefits for which he may be found liable under section 422 of the Act and the provisions of this subchapter by either:
(a) Qualifying as a self-insurer, or
(b) By subscribing to and maintaining in force a commercial insurance contract (including a policy or contract procured from a State agency).
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1990–2024 · leading case: Liberty Mutual Fire Insurance v. Woolman
Liberty Mutual Fire Insurance v. Woolman (2019)
“See 20 C.F.R. § 726.1 ("[T]he Federal Coal Mine Health and Safety Act .”
Appleton & Ratliff Coal Corp. v. Dewey Ratliff (2016)
“§ 933 (a); 20 C.F.R. §§ 726.1 , 726.203(a). Moreover, “[t]o ensure that the fund does not bear the sole burden of black lung claims, the Department of La *472 bor .”
Rockwood Cas. Ins. Co. v. Dir., Office of Workers' Comp. Programs (2019)
“§ 933 (a) ; 20 C.F.R. § 726.1 . As a fallback alternative, Congress created the Black Lung Disability Trust Fund, which assumes liability for miners' benefits if "there is no operator who is liable for the payment of such benefits.”
Apogee Coal Company v. OWCP (2024)
“§ 933 (a); 20 C.F.R. § 726.1 ; see also Lovilia Coal Co.”
Tazco, Inc. v. Director, Office of Workers Compensation Program (1990)
“§ 933 ; 20 C.F.R. §§ 726.1 , 726.203 (1989). Only the larger, more stable companies are able to self-insure because of certain regulatory requirements including, inter alia, a minimum asset level, an administrative apparatus to service claims, and a minimum of three consecutive…”
Liberty Mutual Fire Insurance Co. v. Clemens Coal Co. (2017)
“The language of 20 C.F.R. § 726.1 makes clear that the obligation is on the operator, not the insurer: [T]he Federal Coal Mine Health and Safety Act .”
Rockwood Casualty Insurance v. Director, OWCP (2019)
“§ 933 (a); 20 C.F.R. § 726.1 . As a fallback alternative, Congress created the Black Lung Disability Trust Fund, which assumes liability for miners’ benefits if “there is no operator who is liable for the payment of such benefits.”
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