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RULE I:
GENERAL
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RULE II:
EXPLANATION OF COVERAGE AND METHOD OF INSURING
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RULE III:
POLICY PREPARATION - INSURED, POLICY PERIOD AND STATE OF OPERATIONS
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RULE IV:
CLASSIFICATIONS
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RULE V:
PREMIUM BASIS
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RULE VI:
RATES AND PREMIUM DETERMINATION
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RULE VII:
LIMITS OF LIABILITY
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RULE VIII:
SPECIAL CONDITIONS OR OPERATIONS AFFECTING COVERAGE AND PREMIUM
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RULE IX:
CANCELATION
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RULE X:
THREE-YEAR FIXED RATE POLICY OPTION
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RULE XI:
U.S. LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT
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RULE XII:
THE ADMIRALTY LAW AND THE FEDERAL EMPLOYERS’ LIABILITY ACT
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RULE XIII:
DOMESTIC WORKERS - RESIDENCES
- Inside Domestic Workers
Employees engaged exclusively in household or domestic work performed principally inside the residence. Examples: cooks, housekeepers, laundry workers, maids, butlers, companions, nurses, baby-sitters, and similar duties.
- Outside Domestic Workers
Employees engaged exclusively in household or domestic work performed principally outside the residence. Examples: private chauffeurs and gardeners.
- Occasional Domestic Workers
Inside or outside, who are employed part-time. Any domestic worker employed more than one-half (1/2) of the customary full-time shall be assigned and rated as a full-time domestic worker. Examples: persons engaged on certain days for gardening, cleaning, laundering, baby-sitting, and similar duties.
- Workers’ Compensation and Employers’ Liability Insurance
Statutory workers’ compensation obligations of an employer of domestic workers may only be insured using the Standard Policy:
To restrict coverage only to those domestics who are mandatorily subject to the law, attach the “New York Domestic Workers Restricted Endorsement” (WC 31 06 01 A).
- Voluntary Compensation
Those domestic workers who are not included under the law because they work less than forty (40) hours per week may be voluntarily insured:
- Using the Standard Policy or,
- By attaching the “Voluntary Compensation and Employers’ Liability Coverage Endorsement” (WC 00 03 11 A) to a Standard Policy.
One or more members of the same residence may be named as the insured, but only in connection with the employment of domestic workers in that residence.
- Domestic Workers
The following classifications apply to operations of domestic workers:
Classification Code Domestic Workers – Inside 0913 Domestic Workers – Inside – Occasional 0908 Domestic Workers – Outside – Including private chauffeurs 0912 Domestic Workers – Outside – Occasional – including occasional private chauffeurs 0909 Exception to (1) above:
If commercial farm operations are conducted, Codes 0912 and 0909 do not apply to any operations at the farm location.
- Maintenance, Repair or Construction Operations
Codes 0913, 0908, 0912 and 0909 include ordinary repair or maintenance of the insured’s premises or equipment by domestic workers.
- Building maintenance or repair by employees hired only for that purpose shall be assigned to Code 9029 “Buildings NOC – maintenance or ordinary repairs.”
Extraordinary repairs, alterations, new construction, erection, or demolition of structures shall be assigned to construction or erection classifications.
- Rates
The carrier approved rates for Codes 0913, 0908, 0912 and 0909 are per capita rates. Refer to Part Three - Loss Costs for per capita loss costs.
- Records Required
The insured shall maintain a record of the names, duties, and period of service of each domestic worker.
- Full-Time Domestic Workers
Estimated premium for Codes 0912 and 0913 shall be computed based on the estimated number of such domestic workers during the policy period. If additional domestic workers under Codes 0912 and 0913 are employed during the policy period, or if some domestic workers are no longer employed and are not replaced, the per capita premium charges shall be prorated. Each pro rata charge shall be based on the period of employment, but shall not be less than 25% of the per capita charge.
- Occasional Domestic Workers
Premium for Codes 0908 and 0909 shall be computed on the estimated aggregate time of all occasional domestic workers who are to be employed during the policy period. Regardless of concurrent employment, a single per capita charge applies for each aggregate of employed time equivalent to one-half (1/2) of the customary full-time of each such domestic worker. An additional per capita charge applies to any remainder less than one-half (1/2) of full-time.
For a policy which insures only per capita classifications, an expense constant per capita applies but shall not be more than the carrier expense constant. If such a policy is canceled, refer to Rule IX of this Manual.