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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 8.
<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 />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 />5. 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 />WC 00 00 00 (C)
<br />(Ed. 145)
<br />employee, or any personnel practices, poli-
<br />cies, acts or omissions;
<br />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 Nonapproprlated 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 />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.
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