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Legal: Does the insurance policy that the employer purchased cover all liabilities in the state of Missouri?

The Division verifies proof of workers′ compensation insurance coverage including non-renewals and cancellations through the National Council of Compensation Insurance (NCCI) which is the designated "advisory organization" for the state of Missouri. Pursuant to the provisions of Section 287.280 RSMo, employers shall "insure their entire liability under the workers' compensation law; and may insure in whole or in part their employer liability, under a policy of insurance or a self-insurance plan, except as hereafter provided, with some insurance carrier authorized to insure such liability in this state, except that an employer or group of employers may themselves carry the whole or any part of the liability without insurance upon satisfying the division of their ability to do so." Therefore, an insurance policy purchased by an employer covers all the liabilities in the state of Missouri, for all the address locations in Missouri where the employer operates or conducts its business. In order for the Division to verify proof of coverage, you must provide the Division with the employer′s name and Federal Employer Identification Number. The search is based upon the primary named insured. Other names and address locations used by the primary insured may appear as a link to the primary insured employer, however, the policy is purchased by the primary insured. The Division uses the primary insured′s information for verifying proof of coverage.

Senate Bill 1, effective Jan. 1, 2014, amended Section 287.200.4, RSMo, to provide as follows in cases where the occupational disease due to toxic exposure is diagnosed to be mesothelioma. If the employer elects to accept mesothelioma liability under the Missouri Workers’ Compensation Law, then certain enhanced benefits are payable. However, if an employer elects to reject mesothelioma under the Missouri Workers’ Compensation Law, then the exclusive remedy provisions under section 287.120, RSMo, shall not apply to such liability. The provisions of this paragraph shall expire on Dec. 31, 2038.

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