Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-3-7 - Policy exclusions7.1. Exclusions. - This policy does not apply to:a Any liability of the insured, arising out of any specific unsafe working condition, referred to in the insuring agreement, where a valid citation was issued before the injured employee was exposed to the specific unsafe working condition and no corrective action was taken by the insured within a reasonable time following the issuance of the citation to correct the cited condition: b. Any liability of the insured for an injury to an employee where the injury occurred at a time at which the insured was deprived of its common law defenses for failure to comply with the West Virginia Workers' Compensation Law;c. Any liability of the insured arising out of a cause of action which is not reported to the commission within ten (10) days of the date of service on the insured:d. Any liability of the insured for punitive or exemplary damages or for any fines or penalties assessed against the insured for violation of any state or federal statute, rule or regulation; or any obligation to represent or defend the insured at any administrative hearing or proceeding;e. Any liability of the insured, arising out of a conscious, subjective and deliberate intention to produce the specific result of any injury to an employee;f. Any liability of the insured for an injury to an employee, where the total required gross wages of that employee has not been reported to the for commission for any period of time during which this policy has been in effect;g. Any liability of the insured for compensation recoverd or recoverable from the Workers' Compensation Fund or a qualified self ensurer or the success or to the commission or other private carrier of industrial insurance; orh. Any liability excluded under the terms of a policy of employers' excess liability coverage issued by the successor to the commission or other private carrier.