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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY <br />WC 00 00 00 B <br />(Ed. 7-11) <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; <br />provided that these damages are the direct <br />consequence of bodily injury that arises out of <br />and in the course of the injured employee's <br />employment by you; and <br />4. Because of bodily injury to your employee <br />that arises out of and in the course of <br />employment, claimed against you in a <br />capacity other than as employer. <br />C. Exclusions <br />This insurance does not cover: <br />1 Liability assumed under a contract. This <br />exclu-sion does not apply to a warranty that <br />your work will be done in a workmanlike <br />manner; <br />2. Punitive or exemplary damages because of <br />bodily injury to an employee employed in <br />violation 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 <br />executive officers; <br />4. Any obligation imposed by a workers <br />compensation, occupational disease, <br />unemployment compensation, or disability <br />benefits law, or any similar law; <br />5. Bodily injury intentionally caused or <br />aggravated by you <br />6. Bodily injury occurring outside the United <br />States of America, its ten'itories or <br />possessions, and Canada. This exclusion <br />does not apply to bodily injury to a citizen or <br />resident of the United States of America or <br />Canada who is temporarily outside these <br />countries; <br />7. Damages arising out of coercion, criticism, <br />demotion, evaluation, reassignment, <br />discipline, defamation, harassment, <br />humiliation, discrimination against or <br />termination of any employee, or any <br />personnel practices, policies, acts or <br />omissions; <br />Act (30 USC Sections 801-945), any other <br />federal workers or workmen's compensation <br />law or other federal occupational disease law, <br />or any amendments to these laws; <br />9. Bodily injury to any person in work subject to <br />the Federal Employers' Liability Act (45 USC <br />Sections 51-60), any other federal laws <br />obligating an employer to pay damages to an <br />employee due to bodily injury arising out of <br />or in the course of employment, or any <br />amendments to those laws; <br />10. Bodily injury to a master or member of the <br />crew of any vessel; <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 USC Sections 1801-1872) and under any <br />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 <br />expense, 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 or <br />suit that is not covered by this insurance. We have <br />no duty to defend or continue defending after we <br />have paid our applicable limit of liability under this <br />insurance. <br />E. We Will Also Pay <br />We will also pay these costs, in addition to other <br />amounts payable under this insurance, as part of <br />any claim, proceeding, or suit we defend: <br />1. Reasonable expenses incun'ed at our request, <br />but not loss of earnings; <br />2. Premiums for bonds to release attachments <br />and for appeal bonds in bond amounts up to <br />the limit of our liability under this insurance; <br />3. Litigation costs taxed against you; <br />4. Interest on a judgment as required by law until <br />we offer the amount due under this insurance; <br />and <br />8. Bodily injury to any person in work subject to 5. Expenses we incur. <br />the Longshore and Harbor Workers' <br />Compensation Act (33 USC Sections <br />901-950), the Non-appropriated Fund <br />Instrumentalities Act (5 USC Sections <br />8171-8173), the Outer Continental Shelf Lands <br />Act (43 USC Sections 1331-1356a), the <br />Defense Base Act (42 USC Sections <br />1651-1654), the Federal Coal Mine Safety and <br />Health <br />Ed. 7-11 <br />O Copyright 2010 Nalimal Coundl on Compensation Insurance, Inc. All Righls Reserved, 9 OT 28 <br />