72-310. MISREPRESENTATION NOT TO AFFECT EMPLOYEE’S RIGHTS. (1) No statement in an application for such a policy, contract or bond shall void the policy, contract or bond as between the surety and employer unless such statement shall be false and would materially have affected the acceptance of the risk if known by the surety. In no case shall the holding of the policy, contract or bond void between the surety and employer affect the surety’s obligation to the employer’s employees or their dependents to pay compensation and to discharge other obligations under this law. In such case, the surety shall have a right of action against the employer for any amounts for which the surety is liable under such policy, contract or bond.
(2) As between any such employee or his dependents and the surety no question as to breach of warranty or misrepresentation by the insured shall be raised by the surety in any proceeding or any appeal therefrom.
History:
[72-310, added I.C., sec. 72-310, as added by 1971, ch. 124, sec. 3, p. 422.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 3 - SECURITY FOR COMPENSATION
Section 72-301 - SECURITY FOR PAYMENT OF COMPENSATION.
Section 72-301A - ALTERNATIVE MEANS OF SECURING SELF-INSURANCE.
Section 72-302 - REGULATION OF DEPOSIT WITH STATE TREASURER.
Section 72-303 - QUALIFICATION SUBJECT TO REGULATION.
Section 72-304 - PROMPT COMPENSATION PAYMENTS REQUIRED — RULES AND REGULATIONS.
Section 72-305 - CLAIMS SERVICES AND MEDICAL SUPERVISION.
Section 72-306 - RECITALS IN INSURANCE CONTRACTS.
Section 72-306A - DEDUCTIBLE CONTRACT.
Section 72-307 - KNOWLEDGE OF EMPLOYER TO AFFECT SURETY.
Section 72-308 - INSOLVENCY OF EMPLOYER NOT TO RELEASE SURETY.
Section 72-309 - INSURANCE CONTRACT DEEMED REFORMED.
Section 72-310 - MISREPRESENTATION NOT TO AFFECT EMPLOYEE’S RIGHTS.
Section 72-311 - NOTICE OF SECURITY — CANCELLATION OF SURETY CONTRACT.
Section 72-312 - POSTING OF NOTICE REGARDING INSURANCE — PENALTY.
Section 72-313 - PAYMENT PENDING DETERMINATION OF POLICY COVERAGE.
Section 72-314 - PAYMENT OF LIABILITY OF PUBLIC EMPLOYER.
Section 72-315 - ERRONEOUS PAYMENT IN GOOD FAITH.
Section 72-316 - VOLUNTARY PAYMENTS OF INCOME BENEFITS.
Section 72-317 - PERIODICAL PAYMENTS.
Section 72-318 - INVALID AGREEMENTS — PENALTY.
Section 72-319 - PENALTY FOR FAILURE TO SECURE COMPENSATION.
Section 72-320 - COMPENSATION PREFERRED AS WAGES.
Section 72-321 - STATUTORY AGENT OF EMPLOYER WHO HAS NO BUSINESS LOCALE.
Section 72-322 - ASSIGNED RISK.
Section 72-323 - CREATION OF INDUSTRIAL SPECIAL INDEMNITY FUND.
Section 72-324 - MANAGEMENT OF INDUSTRIAL SPECIAL INDEMNITY FUND.
Section 72-325 - STATE TREASURER CUSTODIAN OF FUND — DUTIES.
Section 72-326 - DEPOSIT AND INVESTMENT OF FUND — INTEREST.
Section 72-327 - ASSESSMENT — METHOD OF CALCULATION AND PRORATION — TIME FOR PAYMENT.
Section 72-328 - COLLECTION OF DELINQUENT ASSESSMENTS — DUTY OF ATTORNEY GENERAL — PENALTIES.
Section 72-329 - DISBURSEMENTS.
Section 72-330 - LEGAL REPRESENTATION OF FUND.
Section 72-331 - PAYMENT OF ADMINISTRATIVE EXPENSES.
Section 72-332 - PAYMENT FOR SECOND INJURIES FROM INDUSTRIAL SPECIAL INDEMNITY ACCOUNT.