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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 01 D <br /> ( Ed . 02-18) <br /> POLICY AMENDATORY ENDORSEMENT—CALIFORNIA <br /> It is agreed that, anything in the policy to the contrary notwithstanding , such insurance as is afforded by this policy by reason of <br /> the designation of California in Item 3 of the Information Page is subject to the following provisions : <br /> 1 . Minors Illegally Employed — Not Insured . This policy does not cover liability for additional compensation imposed on you <br /> under Section 4557 , Division IV, Labor Code of the State of California , by reason of injury to an employee under sixteen <br /> years of age and illegally employed at the time of injury. <br /> 2 . Punitive or Exemplary Damages — Uninsurable. This policy does not cover punitive or exemplary damages where <br /> insurance of liability therefor is prohibited by law or contrary to public policy. <br /> 3 . Increase in Indemnity Payment — Reimbursement. You are obligated to reimburse us for the amount of increase in <br /> indemnity payments made pursuant to Subdivision (d) of Section 4650 of the California Labor Code , if the late indemnity <br /> payment which gives rise to the increase in the amount of payment is due less than seven (7 ) days after we receive the <br /> completed claim form from you . You are obligated to reimburse us for any increase in indemnity payments not covered under <br /> this policy and will reimburse us for any increase in indemnity payment not covered under the policy when the aggregate total <br /> amount of the reimbursement payments paid in a policy year exceeds one hundred dollars ($ 100) . <br /> If we notify you in writing , within 30 days of the payment, that you are obligated to reimburse us , we will bill you for the <br /> amount of increase in indemnity payment and collect it no later than the final audit. You will have 60 days , following notice of <br /> the obligation to reimburse , to appeal the decision of the insurer to the Department of Insurance . <br /> 4 . Application of Policy . Part One , "Workers Compensation Insurance" , A, " How This Insurance Applies" , is amended to read <br /> as follows : <br /> This workers compensation insurance applies to bodily injury by accident or disease , including death resulting therefrom . <br /> Bodily injury by accident must occur during the policy period . Bodily injury by disease must be caused or aggravated by the <br /> conditions of your employment. Your employee's exposure to those conditions causing or aggravating such bodily injury by <br /> disease must occur during the policy period . <br /> 5. Rate Changes . The premium and rates with respect to the insurance provided by this policy by reason of the designation of <br /> California in Item 3 of the Information Page are subject to change if ordered by the Insurance Commissioner of the State of <br /> California pursuant to Section 11737 of the California Insurance Code. <br /> 6 , Long Term Policy . If this policy is written for a period longer than one year, all the provisions of this policy shall apply <br /> separately to each consecutive twelve-month period or, if the first or last consecutive period is less than twelve months , to <br /> such period of less than twelve months , in the same manner as if a separate policy had been written for each consecutive <br /> period . <br /> 7 . Statutory Provision . Your employee has a first lien upon any amount which becomes owing to you by us on account of this <br /> policy, and in the case of your legal incapacity or inability to receive the money and pay it to the claimant, we will pay it <br /> directly to the claimant. <br /> 8 . Part Five , " Premium " , E , " Final Premium " , is amended to read as follows : <br /> The premium shown on the Information Page, schedules , and endorsements is an estimate . The final premium will be <br /> determined after this policy ends by using the actual , not the estimated , premium basis and the proper classifications and <br /> rates that lawfully apply to the business and work covered by this policy. If the final premium is more than the premium you <br /> paid to us , you must pay us the balance . If it is less , we will refund the balance to you . The final premium will not be less than <br /> the highest minimum premium for the classifications covered by this policy. <br /> i <br /> If this policy is canceled , final premium will be determined in the following way unless our manuals provide otherwise : <br /> 4 <br /> a . If we cancel , final premium will be calculated pro rata based on the time this policy was in force . Final premium will not <br /> be less than the pro rata share of the minimum premium . <br /> b . If you cancel , final premium may be more than pro rata ; it will be based on the time this policy was in force , and may be <br /> increased by our short-rate cancelation table and procedure. Final premium will not be less than the pro rata share of the <br /> minimum premium . <br /> 1 of 2 <br /> i <br />