N.Y. Insurance Law Section 3443
Workers’ compensation and employers’ liability insurance

  • optional policyholder deductibles
An insurer issuing a workers’ compensation and employers’ liability insurance policy, may offer, as part of the policy or by endorsement, deductibles optional to the policyholder for benefits payable under the policy, subject to approval by the superintendent and subject to underwriting by the insurer, consistent with the following standards or factors:

(a)

claimants’ rights are properly protected and claimants’ benefits are paid without regard to any such deductible;

(b)

appropriate premium reductions reflect the type and level of any deductible approved by the superintendent and selected by the policyholder;

(c)

premium reductions for deductibles are determined before application of any experience modification, premium surcharge, or premium discount;

(d)

recognition is given to policyholder characteristics, including size, financial capabilities, nature of activities, and number of employees;

(e)

if the policyholder selects a deductible, the policyholder is liable to the insurer for the deductible amount in regard to benefits paid for compensable claims;

(f)

the insurer pays all of the deductible amount, applicable to a compensable claim, to the person or provider entitled to benefits and then seeks reimbursement from the policyholder for the applicable deductible amount; and

(g)

failure to reimburse deductible amounts by the policyholder to the insurer is treated under the policy in the same manner as nonpayment of premiums.

Source: Section 3443 — Workers' compensation and employers' liability insurance; optional policyholder deductibles, https://www.­nysenate.­gov/legislation/laws/ISC/3443 (updated Sep. 22, 2023; accessed Apr. 12, 2025).

3401
Insurable interest in property 3402
Executory contract not a change in interest, title or possession 3403
Anti-arson application 3404
Fire insurance contracts 3405
Fire insurance contract 3406
Copy of examination of insured to be delivered to insured 3407
Property insurance 3407–A
Property/casualty insurance contract and policy standard provisions 3408
Fire insurance 3409
Distribution of hazardous material report forms 3410
Fire insurance contract 3411
Automobile physical damage insurance covering private passenger automobiles 3412
Automobile physical damage insurance covering private passenger automobiles 3413
Standard claim forms for fire losses 3414
Reports by insurers of certain casualty loss on property owned or operated by religious organizations 3415
Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one... 3416
Parametric insurance 3420
Liability insurance 3421
Homeowners’ liability insurance 3422
Hate crimes 3425
Certain property/casualty insurance policies 3426
Commercial lines insurance 3427
Gap insurance 3428
Cancellation of insurance contracts 3429
Geographical location of risks 3429–A
Geographical location of risks in area serviced by a volunteer fire department 3430
Right of insured, agent or broker aggrieved on basis of geographical location of property or risks 3431
Immunity 3432
Immunity 3433
Termination of contracts or accounts of licensed agents or brokers 3434
Motor vehicle insurance policies 3435
Group property/casualty insurance 3435–A
Motor vehicle insurance policies 3436
Medical malpractice insurance 3436*2
Group credit unemployment insurance and individual credit unemployment insurance 3436–A
Adverse action against legal reproductive health care or gender-affirming care 3439
Reinsurance contracts excepted 3440
Insurance covering private passenger motor vehicles 3442
Credit card, debit card, or checking account group policies 3443
Workers’ compensation and employers’ liability insurance 3444
Flood insurance notice 3445
Windstorm insurance notice 3446
Product or system group insurance policies 3447
Qualification of environmental remediation insurance for tax credit 3448
Involuntary unemployment insurance policies 3449
Wireless communications equipment insurance policies 3450
Insurance for expenses incurred as a result of an act or threatened act of violence 3451
Identity theft group insurance policies 3451*2
Regulations 3452
Group property travel insurance policies 3453
Group policy for service providers listed in a commercial directory 3453*2
Self-service storage company group insurance policies 3453*3
Employer sponsored group personal excess insurance 3454
Sponsored group personal insurance 3455
Transportation network company group insurance policies 3456
Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company program 3457
Group insurance policies for certain for hire motor vehicles 3458
Electronic notices and documents 3458*2
Group insurance for peer-to-peer car sharing programs 3459
Car share exclusions for motor vehicle insurance policies 3460
Prohibition against cancellation of policy when motor vehicle is used or operated through a peer-to-peer car sharing program 3461
Notice of claim 3462
Affordable housing underwriting and rating
Green check means up to date. Up to date

Accessed:
Apr. 12, 2025

Last modified:
Sep. 22, 2023

§ 3443’s source at nysenate​.gov

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