Title 34, Chapter 9, Section 124
( 34-9-124)
(a) No policy or contract of insurance shall be issued unless it
contains the agreement of the insurer or insurers that it or they
will promptly pay all benefits conferred by this chapter and all
installments of the compensation that may be awarded or agreed upon
to the person entitled to them and that the obligation shall not be
affected by any default of the insured after the injury or by any
default in giving notice required by such policy or otherwise. Such
agreement shall be construed to be a direct promise by the insurer
or insurers to the person entitled to compensation and shall be
enforceable in his name. (b) A policy of insurance issued under this chapter shall always
first be construed as an agreement to pay compensation; and an
insurer who issues a policy of compensation insurance to an employer
not subject to this chapter shall not plead as a defense that the
employer is not subject to the chapter; and an insurer who issues to
an employer subject to this chapter a policy of compensation
insurance covering an employee or employees ordinarily exempt from
its provisions shall not plead the exemption as a defense. In either
case compensation shall be paid to an injured employee or to the
dependents of a deceased employee for a compensable accident as if
the employer or the employee or both were subject to this chapter,
the policy of compensation insurance constituting a definite
contract between all parties concerned. |