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How to Effectively Cancel Workers' Compensation Policies in North Carolina | News For The Workers Comp Industry

03/09/21
National Workers Compensation Defense Network (NWCDN)
Written By John Tomei When the actions of an insured give rise to the need for a carrier to cancel a workers compensation policy, it is vitally important for the carrier to be aware of how to effectively cancel the policy under North Carolina law. The North Carolina Supreme Court has long established the principle that failure to comply with statutory requirements for cancelling an insurance policy renders the cancellation ineffective. Pearson v. Nationwide Mutual Ins. Co., 325 N.C. 246, 382 S.E.2d 745 (1989). Compliance with statutory requirements may seem straightforward but there are a few common pitfalls that prevent effective cancellation and create liability.Cancellations of workers compensation insurance policies in North Carolina are governed by N.C.G.S. § 58-36-105, Certain Workers Compensation Insurance Policy Cancellations Prohibited (hereinafter the Statute). It is critical for an ....

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Update from the North Carolina Industrial Commission

02/08/21
National Workers Compensation Defense Network (NWCDN)
Industrial Commission Policy Update on In-Person Hearings, Mediations, and Other Procedural Directives.The North Carolina Industrial Commission has adopted an Emergency Rule that in turn allows the Industrial Commission to implement Emergency Orders and Directives of the Chief Justice of the North Carolina Supreme Court. In short, the Industrial Commission wants its operating structure to be in sync with, and operate consistently with, the civil system when it comes to holding hearings, mediations and other procedural directives from the Chief Justice. As of January 14, 2021, and consistent with the January 14, 2021 Order of the Chief Justice of the Supreme Court of North Carolina, all Industrial Commission mediations are to be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in-person, or unless the Industrial Commissi ....

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