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officer's or employee's employment. The <br />officer's or employee's last day of last <br />exposure to the conditions causing or <br />aggravating such bodily injury by disease <br />must occur during the policy period, <br />B. We Will Pay <br />We will pay an amount equal to the benefits <br />that would be required of YOU as if you and <br />your employees were subject to the workers' <br />compensation few of any state shown in item <br />3A. of the Information Page, We will pay <br />those amounts to the persons who would he <br />entitled to them under the law. <br />C. Exclusion <br />This Insurance does not cover; <br />1. any obligation imposed by workers' <br />compensation or occupational disease law <br />or any similar law. <br />2. bodily Injury intentionally caused or <br />aggravated by you. <br />3. officers or employees who have elected <br />not to be subject to the state workers' <br />compensation law. <br />4. partners or sole proprietors not covered <br />under fire Standard Sole proprietors, <br />Partners, Officers and Others Coverage <br />Endorsement, <br />D, Before We Pay <br />Before we pay benefits to the persons entitled <br />to them, they must: <br />t. Release you and us, In writing, of all <br />responsibility for the injury or death. <br />2. Transfer to us their right to recover from <br />others who may be responsible; for the <br />injury or death, <br />3. Cooperate with us and do everything <br />necessary to enable us to enforce the right <br />to recover from others. <br />If the persons entitled to the benefits of this <br />Insurance fail to do those things, our duty to <br />Pay ends at once, if they claim damages from <br />you or from us for the injury or death, our duty <br />to pay ends at once, <br />E, Recovery From Othors <br />If we make a recovery from others, we will <br />keep an amount equal to our expenses of <br />recovery and the benefits we paid. INe will <br />pay the balance to the persons entitled to it. <br />Form WC 89 03 03 B Printed in U.S A, (Ed. 8 /00) <br />If the persons entitled to the berfarifs of this <br />insurance make a recovery from others, they <br />must reimburse us for the benefits we paid <br />them. <br />F. Employers' Liability Insurance <br />Part Two (Employer$, I,Iablllty Insurance) <br />applies to bodily injury covered by this <br />endorsement as though the State of <br />Empidymant was shown In Item 3.A, of the <br />Information Page, <br />This provision 5. does not apply In New Jersey or <br />Wisconsin. <br />EMPLOYF,RS' LIABILITY STOP GAP COVERAGE <br />B, Employers' Liability stop Gap Coverage <br />A. This coverage only applies in Montana, North <br />Dakota, Ohio, Washington, West Virginia and <br />Wyoming. <br />B. Part One (Workers' Compensation Insurance) <br />does not apply to work in states shown in <br />Paragraph A above, <br />C. Part Two (Employers' Liability Insurance) <br />applies In the states, shown in Paragraph A, <br />as though they were shown in Item 3.A. of the <br />information Page. <br />D. Part Two, Section C. Exclusion$ Is changed <br />by adding those exclusions. <br />This insurance does not cover; <br />G. bodily injury intentionally caused or <br />aggravated by you or In Ohio bodily injury <br />resulting from an act which Is determined <br />by an Ohio court of law to have been <br />committed by you with the belief than an <br />injury is substantially Certain to occur, <br />Howover, the cost of defending such <br />claims or suits in Ohio is covered, <br />13. bodily Injury sustained by any member of <br />the flying crew of any aircraft, <br />14. Orly claim for bodily injury with respect to <br />which you are deprived of any defense or <br />defenses or are otherwise subject to <br />penalty because of default in premium <br />under the provisions of the workers' <br />compensation law or laws of a state <br />shown in Paragraph A. <br />E. This insurance applies to damagse for which <br />You are liable under West Virginia Code Annot. <br />823-42 <br />Page 3 of 6 <br />