§ 97-138 – Tax exemption.
97-138. Tax exemption. The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its political subdivisions, except taxes levied on real or personal property. (1985 (Reg. Sess., 1986), c. 928, s. 1(b).)
§ 97-139 – Immunity.
97-139. Immunity. There shall be no liability on the part of and no cause of action of any nature may arise against any member self-insurer, the Association, or its agents or employees, the Board or its individual members, or the Commissioner or his representatives for any acts or omissions taken by them in the performance […]
§ 97-140 – Nonduplication of recovery.
97-140. Nonduplication of recovery. Any person having a covered claim that may be recovered under more than one insurance or self-insurance guaranty or security association or its equivalent shall seek recovery first from the association of the place or residence of the claimant. Any recovery under this Article shall be reduced by the amount of […]
§ 97-141 – Stay of proceedings.
97-141. Stay of proceedings. All claims or proceedings under this Chapter to which the insolvent member self-insurer is a party either before the Industrial Commission or a court in this State and the running of all time periods against either the insolvent member self-insurer or the Association under this Chapter shall be stayed for 60 […]
§ 97-142 – Disposition of assets upon dissolution.
97-142. Disposition of assets upon dissolution. In the event of dissolution of the Association, all assets remaining after provision for satisfaction of all outstanding claims shall be distributed to the State Treasurer for establishment of a reserve to satisfy potential claims against the Association and, all such claims being satisfied, for inclusion in the general […]
§ 97-143 – Use of deposits made by insolvent member self-insurers.
97-143. Use of deposits made by insolvent member self-insurers. After the Commissioner has notified the Association, under G.S. 97-136(a), that a member is insolvent, the Commissioner shall assign and deliver to the Association, and the Association is authorized to expend any deposit made by the insolvent member under G.S. 58-47-90 or G.S. 97-185, to the […]
§ 97-165 – Definitions.
97-165. Definitions. As used in this Article: (1) "Act" means the Workers’ Compensation Act established in Article 1 of this Chapter. (1a) "Affiliate of" or "person affiliated with" a specific person means a person that indirectly through one or more intermediaries or directly controls, is controlled by, or is under common control with the person […]
§ 97-135 – Insolvency.
97-135. Insolvency. A member self-insurer shall be insolvent for the purposes of this Article under any of the following circumstances: (1) Determination of insolvency by a court of competent jurisdiction. (2) Institution of bankruptcy proceedings by or regarding the member self-insurer. (3) The Board determines that the member self-insurer’s total liabilities exceed its total assets […]
§ 97-136 – Powers and duties of the Commissioner.
97-136. Powers and duties of the Commissioner. (a) The Commissioner shall: (1) Notify the Association of the existence of an insolvent member self-insurer not later than 30 days after he receives notice of an insolvency pursuant to the standards set forth in G.S. 97-135. (2) Repealed by Session Laws 2011-196, s. 10, effective July 1, […]
§ 97-93 – Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance.
97-93. Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance. (a) Every employer subject to the provisions of this Article relative to the payment of compensation shall either: (1) Insure and keep insured his liability under this Article in […]