A. Every employer subject to the New Mexico Occupational Disease Disablement Law shall file in the office of the director evidence of workers' occupational disease disablement insurance coverage in the form of a certificate containing that information required by regulation of the director. The required certificate must be provided by an authorized insurer as defined in Section 59A-1-8 NMSA 1978. In case any employer is able to show to the satisfaction of the director that he is financially solvent and that providing insurance coverage is unnecessary, the director shall issue him a certificate to that effect, which shall be filed in lieu of the certificate of insurance. The director shall provide by regulation the procedures for reviewing, renewing and revoking any certificate excusing an employer from filing a certificate of insurance, including provisions permitting the director to condition the issuance of the certificate upon the employer's proving adequate security.

B. Any certificate of the director filed under the provisions of this section shall show the post office address of that employer.

C. Every contract or policy insuring against liability for workers' occupational disease disablement benefits or certificate that is filed under the provisions of this section shall provide that the insurance carrier or the employer shall be directly and primarily liable to the worker and, in event of his death, his dependents, to pay the compensation for which the employer is liable.

D. In the event of an insurance policy cancellation, the occupational disease disablement insurance carrier shall file notice with the director within ten days of such cancellation on a form approved by the director.

History: 1978 Comp., § 52-3-9, enacted by Laws 1987, ch. 235, § 33; 1990 (2nd S.S.), ch. 2, § 35.

Repeals and reenactments. — Laws 1987, ch. 235, § 33, repealed former 52-3-9 NMSA 1978, as amended by Laws 1986, ch. 22, § 55 and enacted a new section, effective June 19, 1987.

The 1990 (2nd S.S.) amendment, effective January 1, 1991, added the second sentence in Subsection A, substituted "that" for "which" following "certificate" in Subsection C, and rewrote Subsection D which formerly pertained to the applicability of the section to localities.