HEALTH MANAGEMENT ASSOCIATES, INC. (2)

Home Browse Search

The damages we will pay, where recovery is per- mitted by law, include damages: 1. For which you are liable to a third party by reason of a claim or suit against you by that third parry to recover the damages claimed against such third party as a result of injury to your employee; 2. For care and loss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of em- ployment, claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: 1. Liability assumed under a contract. This ex- clusion does not apply to a warranty that your work will be done in a workmanlike manner; 2. Punitive or exemplary damages because of bodily injury to an employee employed in vio- lation of law; 3. Bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your execu- tive officers; 4. Any obligation imposed by a workers com- pensation, occupational disease, unemploy- ment compensation, or disability benefits law, or any similar law; 5. Bodily injury intentionally caused or aggra- vated by you; 6. Bodily injury occurring outside the United States of America, its territories or posses- sions, and Canada. This exclusion does not apply to bodily Injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out of coercion, criticism, demotion, evaluation, reassignment, disci- pline, defamation, harassment, humiliation, discrimination against or termination of any WC 00 00 00 ( C) (Ed. 1-15) employee, or any personnel practices, poli- cies, acts or omissions; 8. Bodily injury to any person in work subject to the Longshore and Harbor Workers' Com- pensation Act (33 U.S.C. Sections 901 et seq.), the Nonappropriated Fund Instrumen- talities Act (5 U.S.C. Sections 8171 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. Sections 1331 et seq.), the Defense Base Act (42 U.S.C. Sections 1651-1654), the Federal Mine Safety and Health Act (30 U.S.C. Sections 801 et seq. and 901-944), any other federal workers or workmen's com- pensation law or other federal occupational disease law, or any amendments to these laws; 9. Bodily 'jury to any person in work subject to the Federal Employers' Liability Act (45 U.S.C. Sections 51 et seq.), any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. Bodily injury to a master or member of the crew of any vessel, and does not cover puni- tive damages related to your duty or obliga- tion to provide transportation, wages, mainte- nance, and cure under any applicable mari- time law; 11. Fines or penalties imposed for violation of federal or state law, and 12. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sections 1801 et seq.) and under any other federal law awarding damages for Violation of those laws or regulations issued thereunder, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our ex- pense, any claim, proceeding or suit against you for damages payable by this insurance. We have the right to investigate and settle these claims, proceedings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. © Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved, RIAMnugnnadDNislan REVIEWED 6 APPROVED BY. Risk Management Specialist '`-