§ 28-36-11 - Direct liability of insurers other than under workers' compensation law.
SECTION 28-36-11
§ 28-36-11 Direct liability of insurersother than under workers' compensation law. – (a) Every policy subsequently written insuring against liability for personalinjuries to employees, other than payment of compensation under chapters 29– 38 of this title, shall contain provisions to the effect that theinsurer shall be directly liable to the injured party and, in the event of hisor her death, to the party entitled to sue, to pay him or her the amount ofdamages for which the insured is liable. The injured party or, in the event ofhis or her death, the party entitled to sue, in his or her suit against theinsured, may join the insurer as a defendant or, in case of suit versus theinsurer, may join the insured or the employer, in which case judgment shallbind either or both the insured and the insurer; or the injured party, or inthe event of his or her death, the party entitled to sue, after having obtainedjudgment against the insured or the insurer alone, may proceed on the judgmentin a separate action against the insured or insurer. Payment in whole or inpart of that liability by either the insured or the insurer shall, to theextent of the payment, be a bar to recovery against the other of the amount sopaid. In no case shall the insurer be liable for damages beyond the amount ofthe face of the policy. This section shall not apply to policies of insuranceagainst loss from explosion of boilers or flywheels or other similar singlecatastrophic hazards.
(b) All policies made for the insurance against liabilitydescribed in this section shall be deemed to be made subject to the provisionsof this section and all provisions of those policies inconsistent with thissection shall be void.
(c) Notwithstanding any provision of law or any regulation tothe contrary, no workers' compensation insurer which primarily writes insuranceto agricultural employers shall be assessed charges or premiums for an assignedrisk pool. For purposes of this section, "agricultural employer" includes anyemployer which receives eighty percent (80%) or more of its gross income fromfarming.