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The damages we will pay, where recovery is per- <br />mitted by law, include damages: <br />1. For which you are liable to a third party by <br />reason of a claim or suit against you by that <br />third party to recover the damages claimed <br />against such third party as a result of injury to <br />your employee; <br />2. For care and loss of services; and <br />3. For consequential bodily injury to a spouse, <br />child, parent, brother or sister of the injured <br />employee; provided that these damages are <br />the direct consequence of bodily injury that <br />arises out of and in the course of the injured <br />employee's employment by you; and <br />4. Because of bodily injury to your employee <br />that arises out of and in the course of em- <br />ployment, claimed against you in a capacity <br />other than as employer. <br />C. Exclusions <br />This insurance does not cover: <br />WC000000(C) <br />(Ed. 1-15) <br />employee, or any personnel practices, poli- <br />cies, acts or omissions; <br />8. Bodily injury to any person in work subject to <br />the Longshore and Harbor Workers' Com- <br />pensation Act (33 U.S.C. Sections 901 et <br />seq.), the Nonappropriated Fund Instrumen- <br />talities Act (5 U.S.C. Sections 8171 et seq.), <br />the Outer Continental Shelf Lands Act (43 <br />U.S.C. Sections 1331 et seq.), the Defense <br />Base Act (42 U.S.C. Sections 1651-1654), <br />the Federal Mine Safety and Health Act (30 <br />U.S.C. Sections 801 et seq. and 901-944), <br />any other federal workers or workmen's com- <br />pensation law or other federal occupational <br />disease law, or any amendments to these <br />laws; <br />9. <br />1. Liability assumed under a contract. This ex- <br />clusion does not apply to a warranty that your <br />work will be done in a workmanlike manner; 10. <br />2. Punitive or exemplary damages because of <br />bodily injury to an employee employed in vio- <br />lation of law; <br />3. Bodily injury to an employee while employed <br />in violation of law with your actual knowledge <br />or the actual knowledge of any of your execu- <br />tive officers; <br />4. Any obligation imposed by a workers com- <br />pensation, occupational disease, unemploy- <br />ment compensation, or disability benefits law, <br />or any similar law; <br />S. Bodily injury intentionally caused or aggra- <br />vated by you; <br />6. Bodily injury occurring outside the United <br />States of America, its territories or posses- <br />sions, and Canada. This exclusion does not <br />apply to bodily injury to a citizen or resident <br />of the United States of America or Canada <br />who is temporarily outside these countries; <br />7. Damages arising out of coercion, criticism, <br />demotion, evaluation, reassignment, disci- <br />pline, defamation, harassment, humiliation, <br />discrimination against or termination of any <br />Bodily injury to any person in work subject to <br />the Federal Employers' Liability Act (45 <br />U.S.C. Sections 51 et seq.), any other federal <br />laws obligating an employer to pay damages <br />to an employee due to bodily injury arising <br />out of or in the course of employment, or any <br />amendments to those laws; <br />Bodily injury to a master or member of the <br />crew of any vessel, and does not cover puni- <br />tive damages related to your duty or obliga- <br />tion to provide transportation, wages, mainte- <br />nance, and cure under any applicable mari- <br />time law; <br />11. Fines or penalties imposed for violation of <br />federal or state law; and <br />12. Damages payable under the Migrant and <br />Seasonal Agricultural Worker Protection Act <br />(29 U.S.C. Sections 1801 et seq.) and under <br />any other federal law awarding damages for <br />violation of those laws or regulations issued <br />thereunder, and any amendments to those <br />laws. <br />D. We Will Defend <br />We have the right and duty to defend, at our ex- <br />pense, any claim, proceeding or suit against you <br />for damages payable by this insurance. We have <br />the right to investigate and settle these claims, <br />proceedings and suits. <br />We have no duty to defend a claim, proceeding <br />or suit that is not covered by this insurance. We <br />have no duty to defend or continue defending <br />after we have paid our applicable limit of liability <br />under this insurance. <br />© Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. <br />wokn+� ,q: nenenm,�n <br />•g Rt EWED&APPRaVID13r <br />q` <br />Risk Management Analyst <br />