(A) No policy of insurance against liability arising under this title may be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled thereto all benefits conferred by this title, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured or by any default in giving notice required by such policy or otherwise.
(B) Such agreement must be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.
(C) Any insurer who issues a policy of compensation insurance to an employer not subject to this title may not plead as a defense that the employer is not subject to this title and is estopped to deny coverage.
HISTORY: 1962 Code Section 72-408; 1952 Code Section 72-408; 1942 Code Section 7035-74; 1936 (39) 1231; 1988 Act No. 411, Section 2, eff March 28, 1988.
Structure South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 5 - Insurance And Self-insurance
Section 42-5-10. Employer shall secure payment of compensation; extent of liability.
Section 42-5-20. Insurance or proof of financial ability to pay required; self-insurer prohibited.
Section 42-5-30. Employer shall file evidence of compliance with Title.
Section 42-5-40. Penalty for failure to secure payment of compensation.
Section 42-5-45. Penalty for failure of employer to secure payment of compensation.
Section 42-5-50. Certificate of compliance.
Section 42-5-60. Insurance deemed subject to title; approval of forms.
Section 42-5-70. Clauses required in insurance contracts.
Section 42-5-80. Liability of insurer.
Section 42-5-130. Procedure upon withdrawal of carrier from State.
Section 42-5-190. Tax on self-insurers.
Section 42-5-210. Insurance carrier subrogated to rights of employer.
Section 42-5-220. Compromises by carrier must be approved.
Section 42-5-230. Manner in which notice to insurance carrier given.
Section 42-5-250. Title not applicable to insurance for single catastrophe hazards.