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WORKERS'' COMPENSATION Certain Residence Employees

By Marjorie Simpson,2014-04-06 20:14
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WORKERS'' COMPENSATION Certain Residence Employees

    PERSONAL LIABILITY

    DL 24 15 12 04

    THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

    WORKERS' COMPENSATION

    CERTAIN RESIDENCE EMPLOYEES NEW YORK

    We agree, with respect to covered "residence em-POLICY PROVISIONS ployees": This insurance is subject to all the provisions of this

    WHO IS COVERED endorsement and the following provisions of this

    policy: A covered "residence employee" under this endorse-ment is a "residence employee" who is engaged in 1. Under the policy Conditions:

    regular employment of less than 40 hours per week or B. Waiver or Change of Policy Provisions. is engaged in casual employment. C. Assignment. However, as stated in New York Insurance Law Sec- E. Cancellation. tion 3420(j)(1), coverage does not apply to an em-ployee who is not required, under New York Workers' 2. Under Form DL 24 01: Compensation Law, to be covered. Attachment of this a. The definition of "bodily injury", "business", endorsement does not constitute a voluntary election "insured" and "residence employee". of coverage under New York Workers' Compensation b. Our agreement to defend the "insured" as Law. provided under Coverage L Personal UNDER COVERAGE I Liability. To pay when due all benefits required of an "insured" 3. Under the Additional Coverages: by the New York Workers' Compensation Law; and A. Claim Expenses. UNDER COVERAGE II 4. The following Conditions: To pay on behalf of an "insured" all damages for C. Duties After "Occurrence". which the "insured" is legally liable because of "bodily injury" sustained by a covered "residence employee". F. Suit Against Us. The "bodily injury" must be caused by accident or G. Bankruptcy Of An Insured. disease and arise out of and in the course of em-

     J. Subrogation. ployment by the "insured" while:

    ADDITIONAL PROVISIONS APPLICABLE TO a. In the United States of America, its territories

    COVERAGE I or possessions, or Canada; or

    The following provisions are applicable to Coverage b. Temporarily elsewhere if the "residence em-

    I: ployee" is a citizen or resident of the United

    States or Canada. a. As between the covered "residence employee"

    and us, notice to or knowledge of the occur-APPLICATION OF COVERAGE

    rence of the injury on the part of an "insured" This insurance applies only to "bodily injury" which will be deemed notice or knowledge on our occurs during the policy period. If the "bodily injury" is part. a disease, it must be caused or aggravated by the

     b. The jurisdiction of an "insured" will, for the conditions of the covered "residence employee's"

    purpose of the law imposing liability for com-employment by the "insured".

    pensation, be our jurisdiction. The covered "residence employee's" last day of last exposure to the conditions causing or aggravating such "bodily injury" by disease must occur during the policy period.

    DL 24 15 12 04 ? ISO Properties, Inc., 2003 Page 1 of 2

    EXCLUSIONS ADDITIONAL PROVISIONS APPLICABLE TO

    COVERAGE II This policy does not apply: Coverage II does not apply to any suit brought in or a. To liability for "bodily injury" arising out of judgment rendered by any court outside the United "business" pursuits of an "insured". States of America, its territories and possessions, or b. Under Coverage II: Canada, or to any action on such judgment.

     1. To liability assumed by the "insured" under LIMITS OF LIABILITY COVERAGE II any contract or agreement. We may not limit our liability to pay damages for 2. To any obligation under a workers' com-which we become legally liable to pay because of pensation, unemployment or disability ben-"bodily injury" to an "insured's" covered "residence efits law or any similar law. employees" if the "bodily injury" arises out of and in the course of employment that is subject to and is 3. To punitive or exemplary damage because compensable under the Workers' Compensation Law of "bodily injury" to a covered "residence of New York. employee" employed in violation of law. OTHER INSURANCE 4. To "bodily injury" to a covered "residence

    employee" employed in violation of law If a loss covered by this insurance is also covered by with the knowledge of an "insured". other insurance, we will not pay more than our share of benefits and costs. The shares of all applicable 5. To "bodily injury" intentionally caused or insurance will be equal until the loss is paid. Howev-aggravated by an "insured". er, if a loss covered by this insurance is also covered 6. To damages arising out of the unlawful by insurance written to cover business employees of discharge or coercion of, or unlawful dis-an "insured" who is sole proprietor, this insurance is crimination against, a covered "residence primary. employee". CONFORMITY TO STATUTE

    If any term of this insurance is in conflict with the New York Workers' Compensation Law, such term is

    amended by this statement to conform to that law. Page 2 of 2 ? ISO Properties, Inc., 2003 DL 24 15 12 04

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