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WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY <br />(Ed. 7-11) <br />insurance or self-insurance. Subject to any limits <br />of liability that may apply, all shares will be equal <br />until the loss is paid. If any insurance or <br />self-insurance is exhausted, the shares of all <br />remaining insurance will be equal until the loss is <br />paid. <br />Payments You Must Make <br />You are responsible for any payments in excess <br />of the benefits regularly provided by the workers <br />compensation law including those required <br />because: <br />1. of your serious and willful misconduct; <br />2. you knowingly employ an employee in <br />violation of law; <br />3. you fail to comply with a health or safety law <br />or regulation; or <br />4. you discharge, coerce or otherwise <br />discriminate against any employee in <br />violation of the workers compensation law. <br />If we make any payments in excess of the <br />benefits regularly provided by the workers <br />compensation law on your behalf, you will <br />reimburse us promptly. <br />G. Recovery From Others <br />We have your rights, and the rights of persons <br />entitled to the benefits of this insurance, to <br />recover our payments from anyone liable for the <br />injury. You will do everything necessary to <br />protect those rights for us and to help us enforce <br />them. <br />H. Statutory Provisions <br />These statements apply where they are required <br />by law. <br />1. As between an injured worker and us, we <br />have notice of the injury when you have <br />notice. <br />2. Your default or the bankruptcy or insolvency <br />of you or your estate will not relieve us of <br />our duties under this insurance after an injury <br />occurs. <br />3. We are directly and primarily liable to any <br />person entitled to the benefits payable by <br />this insurance. Those persons may enforce <br />our duties; so may an agency authorized by <br />law. Enforcement may be against us or <br />against you and us. <br />4. Jurisdiction over you is jurisdiction over us <br />for purposes of the workers compensation <br />law. We are bound by decisions against you <br />under that law, subject to the provisions of <br />this policy that are not in conflict with that law. <br />5. This insurance conforms to the parts of the <br />workers compensation law that apply to: <br />a. benefits payable by this insurance; <br />b. special taxes, payments into security or <br />other special funds, and assessments <br />payable by us under that law. <br />6. Terms of this insurance that conflict with the <br />workers compensation law are changed by this <br />statement to conform to that law. <br />Nothing in these paragraphs relieves you of your <br />duties under this policy. <br />PART TWO <br />EMPLOYERS LIABILITY POLICY <br />A. How This Insurance Applies <br />This employers liability insurance applies to bodily <br />injury by accident or bodily injury by disease. Bodily <br />injury includes resulting death. <br />1. The bodily injury must arise out of and in the <br />course of the injured employee's employment by <br />you. <br />2. The employment must be necessary or <br />incidental to your work in a state or territory <br />listed in Item 3.A. of the Information Page. <br />3. Bodily injury by accident must occur during the <br />policy period. <br />4. Bodily injury by disease must be caused or <br />aggravated by the conditions of your <br />employment. The employee's last day of last <br />exposure to the conditions causing or <br />aggravating such bodily injury by disease must <br />occur during the policy period. <br />5. If you are sued, the original suit and any related <br />legal actions for damages for bodily injury by <br />accident or by disease must be brought in the <br />United States of America, its territories or <br />possessions, or Canada. <br />B. We Will Pay <br />We will pay all sums that you legally must pay as <br />damages because of bodily injury to your <br />employees, provided the bodily injury is covered by <br />this Employers Liability Insurance. <br />The damages we will pay, where recovery is <br />permitted 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 />Ed. 7-11 <br />©Copyright 201D National Coundl on Compensation Insurance, Inc. All Righls Reserved. $ pf 2$ <br />