HEALTH MANAGEMENT ASSOCIATES, INC. (2)

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E. Otherinsurance We will not pay more than our share of benefits and costs covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or self- insurance is exhausted, the shares of all remain- ing insurance will be equal until the loss is paid. F. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the workers compensation law including those required be- cause: 1, of your serious and willful misconduct; 2. you knowingly employ an employee in viola- tion of law; 3. you fail to comply with a health or safety law or regulation; or 4. you discharge, coerce or otherwise discrimi- nate against any employee in violation of the workers compensation law. If we make any payments in excess of the bene- fits regularly provided by the workers compensa- tion law on your behalf, you will reimburse us promptly. G. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to re- cover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. H. Statutory Provisions These statements apply where they are required by law. 1. As between an injured worker and us, we have notice of the injury when you have no- fice, 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance after an injury oc- curs. 3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency authorized by law. Enforcement may be against us or against you and us. WC 00 00 00 (C) (Ed. 1-15) 4. Jurisdiction over you is jurisdiction over us for purposes of the workers compensation law. We are bound by decisions against you under that law, subject to the provisions of this pol- icy that are not in conflict with that law. S. This insurance conforms to the parts of the workers compensation law that apply to: a, benefits payable by this insurance; b. special taxes, payments into security or other special funds, and assessments payable by us under that law. 6. Terms of this insurance that conflict with the workers compensation law are changed by this statement to conform to that law. Nothing in these paragraphs relieves you of your duties under this policy. PART TWO EMPLOYERS LIABILITY INSURANCE A. How This Insurance Applies This employers liability insurance applies to bod- ily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or inci- dental to your work in a state or territory listed in Item 3.A. of the Information Page. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your em- ployment. The employee's last day of last exposure to the conditions causing or aggra- vating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any re- lated legal actions for damages for bodily in- jury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada, B. We Will Pay We will pay all sums that you legally must pay as damages because of bodily injury to your em- ployees, provided the bodily injury is covered by this Employers Liability Insurance. Copyright 2013 National Council on Compensation Insurance, Inc. All Rights Reserved. wekn>tnlwun REVIEWED 6 APPR ED BY: A.,-u Aavuto �Omml_ Risk Management Specialist