NC General Statutes

N.C. Gen. Stat. § 97-98 (2026)

Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default

✓ current as of July 2026

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No policy of insurance against liability arising under this Article shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to same all benefits conferred by this Article, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury or by any default in giving notice required by such policy or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name. (1929, c. 120, s. 71.)

Notes of Decisions

Cited in 9 cases, 1959–2018 · leading case: Seguro-Suarez by & Through Connette v. Key Risk Ins. Co., 819 S.E.2d 741 (N.C. Ct. App. 2018).

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Seguro-Suarez by & Through Connette v. Key Risk Ins. Co., 819 S.E.2d 741 (N.C. Ct. App. 2018). · cites it 6× “Indeed, the Workers' Compensation Act itself provides that a workers' compensation insurance policy must "contain[ ] the agreement of the insurer that it will promptly pay to the person entitled to same all benefits conferred by this Article. ... Such agreement shall be…”

Moretz v. Richards & Assocs., Inc., 342 S.E.2d 844 (N.C. 1986). · cites it 3× “N.C.G.S. § 97-98 (1985). By virtue of this promise, once the employer has accepted an injury as compensable, benefits are “due and payable.”

Charlotte-Mecklenburg Hosp. Auth. v. North Carolina Indus. Comm'n, 443 S.E.2d 716 (N.C. 1994). · cites it 3× “Rather, each employer is liable for medical compensation that may be required under the statute for its employees, and chooses thereunder to either self- *227 insure or cover its risk through an approved workers’ compensation insurance carrier, N.C.G.S. § 97-98; rates for such…”

Vogler v. Branch Erections Co., Inc., 640 S.E.2d 419 (N.C. Ct. App. 2007). · cites it 8× “N.C. Gen.Stat. § 97-98 (2005). In the present case, NCIGA challenges the following findings of the Commission: 11.”

Smith v. Richardson Sports Ltd. Partners, 616 S.E.2d 245 (N.C. Ct. App. 2005). · cites it 3× “N.C.G.S. § 97-98 (1985). By virtue of this promise, once the employer has accepted an injury as compensable, benefits are “due and payable.”

Hartsell v. Thermoid Co., S. Div., 107 S.E.2d 115 (N.C. 1959). · cites it 3× “The provision, therefore, excludes Employers Company from liability and places liability squarely upon Liberty Company.”

North Carolina Chiropractic Ass'n v. Aetna Cas. & Sur. Co., 365 S.E.2d 312 (N.C. Ct. App. 1988). · cites it 3× “Under G.S. 97-98, an employee claiming compensation under the Act has the right to enforce the employer’s workers’ compensation insurance policy.”

Nc Chiropractic v. Aetna Cas. & Sur., 365 S.E.2d 312 (N.C. Ct. App. 1988). · cites it 3× “Under G.S. 97-98, an employee claiming compensation under the Act has the right to enforce the *315 employer's workers' compensation insurance policy.”

Smith v. Richardson Sports Ltd. Partners, 608 S.E.2d 342 (N.C. Ct. App. 2005). · cites it 3× “N.C.G.S. § 97-98 (1985). By virtue of this promise, once the employer has accepted an injury as compensable, benefits are “due and payable.”

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