Bulletin No April 3, Broadway, Suite 900 Oakland, CA Fax

Transcription

1 WCIRB Bulletin Bulletin No April 3, Broadway, Suite 900 Oakland, CA Fax Revised Standard Endorsement Forms WC E and WC B and Revised Policyholder Notice PN F Revised Standard Endorsement Forms The Insurance Commissioner has approved revisions to the attached California Standard Endorsement Form WC E, Retrospective Premium Endorsement, to reference the recent passage of TRIPRA of Further, as this Program has been extended and updated twice since its inception in 2002, the references to TRIPRA have been revised to account for future updates. The Commissioner also approved revisions to the attached California Standard Endorsement Form WC B, California Large Risk Deductible Endorsement, to correct a typographical error in paragraph 7. Additionally, both the advisory California Retrospective Rating Plan and the California Large Risk Deductible Plan have been revised to update the references to TRIPRA of 2015 and to incorporate the revised Standard Endorsement Forms. Both Plans are available via the WCIRB s website ( under Publications and Filings. For your ease of reference, two copies of each amended Standard Endorsement Form are attached. One copy identifies the deletions (stricken) and additions (underscored), and the other is in final form. Policyholder Notice Policyholder Notice PN F, Your Right to Rating and Dividend Information, notifies insured employers regarding the availability of a policyholder ombudsman, their right to rating and dividend information, and the procedures for disputing and appealing the actions of insurers and the WCIRB to the Insurance Commissioner as required by Insurance Code Section (h) and Title 10, California Code of Regulations (CCR), Sections (d) and This Policyholder Notice has been updated to reflect the WCIRB s new address, 1221 Broadway, Suite 900, Oakland, CA A copy of the updated Policyholder Notice PN F is attached. Use of Standard Endorsement Forms and Policyholder Notice THE ATTACHED STANDARD ENDORSEMENT FORMS AND POLICYHOLDER NOTICE ARE ADVISORY ONLY AND INSURERS ARE THEREFORE NOT OBLIGATED OR REQUIRED TO USE THEM. Standard Endorsement Forms - As with any Standard Endorsement Form, an insurer may file these forms with the WCIRB and may use them after receiving the WCIRB s notification to the Commissioner indicating that the insurer intends to use the forms. When filing a Standard Endorsement Form with the WCIRB, each insurer must submit a single original copy of the Form, 2015 Workers Compensation Insurance Rating Bureau of California. All Rights Reserved. See for more information.

2 Bulletin No April 3, 2015 a letter requesting authorization to use the Form, and a self-addressed stamped envelope. Affiliated insurers must each make a separate filing. Insurers that choose not to use these Standard Endorsement Forms may, but are not obligated to, prepare their own forms. Insurers choosing to prepare their own forms must submit them in triplicate to the WCIRB along with a Document Submission Formset, for transmission to, and approval by, the Insurance Commissioner before using the forms Policyholder Notice The attached Policyholder Notice includes information about the WCIRB s designated office for receiving policyholder complaints about the actions of the WCIRB, as required by regulation. For insurers that elect to draft and use their own versions of this Notice, in order to ensure compliance with relevant regulations the notice must incorporate the information in the attached Policyholder Notice regarding the contact and address at the WCIRB where policyholders are to send their requests for rating and claims information and disputes regarding the actions of the WCIRB Whether an insurer elects to use advisory Policyholder Notice PN F or draft its own version of this notice, insurers should to file a copy of their form with the WCIRB for recordkeeping purposes. The revised Standard Endorsement Forms and Policyholder Notice are available via the WCIRB s website (connect.wcirb.com) in the Knowledge Center. Attachments: Endorsement Form (WC E) (with strikeouts) Endorsement Form (WC E) (final version) Endorsement Form (WC B) (with strikeouts) Endorsement Form (WC B) (final version) Policyholder Notice PN F 2

3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC DE (Ed ) RETROSPECTIVE PREMIUM ENDORSEMENT The standard premium you pay for the insurance coverage afforded by this policy and any other policy combined with this policy for retrospective premium determination shall be modified in accordance with the provisions of our Workers Compensation Retrospective Rating Plan authorized for use in California. The premium modified in accordance with the Plan is referred to as retrospective premium. 1. Elements in Development of Retrospective Premium (a) Standard premium is the premium you would have paid if you had not chosen retrospective rating, with two exceptions. Standard premium excludes premium discount and premium charges arising from the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of , and as may be amended in the future. (b) Basic premium is a percentage of the standard premium. The basic premium is determined by multiplying the standard premium by the basic premium factor. The basic premium factor is based on the expense ratio, the table of insurance charges, and the per-accident loss limitation if one is shown in the schedule. (c) Incurred losses are all amounts we pay plus our estimate of reserves to be paid for losses in connection with the policies subject to this endorsement and include the amounts we expend and our estimates of amounts to be expended in the defense of employers liability claims. Incurred losses do not include any losses directly arising from certified terrorism losses, as defined by the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of , and as may be amended in the future, reported with a Catastrophe Code assigned pursuant to the California Uniform Statistical Reporting Plan. (d) You may elect incurred allocated loss adjustment expenses (ALAE) to be included with losses in the retrospective premium calculation. ALAE is the expense we incur in connection with handling a claim which can be directly allocated to that particular claim. ALAE does not include expenses incurred in connection with handling claims directly arising from certified terrorism losses, as defined by the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of , and as may be amended in the future, reported with a Catastrophe Code assigned pursuant to the California Uniform Statistical Reporting Plan. (e) Converted losses are the incurred losses and, if elected, ALAE during the policy period for which this endorsement applies, multiplied by the loss conversion factor shown in the schedule. (f) In addition to the above elements, you may elect to include a per-accident loss limitation. Per-accident loss limitation means the amount of incurred loss and, if elected, ALAE to be included in the retrospective premium calculation is limited to an amount called the per-accident loss limitation. The per-accident loss limitation applies separately to each person who sustains bodily injury by disease and separately to all bodily injury arising out of any one accident. The charge for this per-accident loss limitation is called the excess loss premium. Excess loss premium is a percentage of standard premium multiplied by the loss conversion factor. The percentage is called the excess loss factor. Excess loss premium factors vary by hazard group and by the amount of per-accident loss limitation. If you choose this elective element, the loss conversion factor, the per-accident loss limitation and the excess loss factor are shown in the schedule. 2. Retrospective Premium The retrospective premium shall not be less than the minimum retrospective premium, nor more than the maximum retrospective premium, as determined by applying the minimum and maximum retrospective premium ratios as shown in the schedule to the standard premium. Subject to these minimum and maximum amounts, the retrospective premium will be the sum of (a) the basic premium and (b) converted losses, and (c), if a per-accident loss limitation is elected, the excess loss premium. The sum of the basic premium and converted losses and, if applicable, the excess loss premium will be multiplied by the tax multiplier. 1 of 4

4 WC DE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) 3. Computation of Retrospective Premium Within six (6) months after the termination of this policy or any other policy combined with this policy for retrospective premium determination, we shall make an audit of your records in order to compute the standard premium and the basic premium. Unless otherwise shown on the schedule, we shall determine the amount of the incurred losses as of the sixth month after the month in which this policy terminates, unless this policy is combined with other policies for retrospective premium determination, in which case we shall determine the amount of the incurred losses as of the sixth month after the month in which the last policy in force terminates. Within two (2) months after we have determined the basic premium and incurred losses, we shall make the first computation of the retrospective premium. If we have agreed that the first computation of the retrospective premium is the final computation, no further adjustment of the retrospective premium will be made unless there is a clerical error in the calculation. In the absence of this agreement, additional retrospective premium computations will be calculated at twelve (12) month intervals after the first computation based on the latest evaluation of loss experience, unless otherwise shown in the schedule. When we have agreed that a computation is the final computation, no other adjustment of the retrospective premium will be made unless there is a clerical error in the calculation. In the event that you are declared bankrupt or insolvent, make an assignment for the benefit of creditors, are involved in reorganization, receivership or liquidation, or dispose of all your interest in work covered by the insurance, we may make a special valuation of the retrospective premium. You will pay the amount due us if the retrospective premium is more than the total standard premium as of the special valuation date. 4. Payment of Premium Prior to the first computation of the retrospective premium, you must pay us the premium due in accordance with the terms and conditions which would apply if this policy were not subject to retrospective rating. After each computation of retrospective premium, you will pay promptly the amount due us, or we will refund the amount due you. 5. Cancellation of the Policy (a) Cancellation by you. If you cancel this policy or any other policy providing coverage pursuant to this retrospective rating endorsement: 1. The standard premium for this policy and for each policy combined with this policy for premium determination shall be separately computed at short rates in accordance with our short-rate cancellation table authorized for use in California. If we are not authorized to use a short-rate cancellation table, the standard premium shall be computed on a pro rata basis. 2. The sum of the short-rate standard premium for each policy shall be used to determine the basic premium. 3. The sum of the short-rate standard premium for each policy will be the minimum retrospective premium. 4. The maximum retrospective premium will be determined by extending the standard premium for each policy providing coverage pursuant to this endorsement, on a pro rata basis, to the original expiration date of the policy. The sum of the extended standard premium of each policy is multiplied by the corresponding maximum retrospective premium ratio found in the schedule. (b) Cancellation by us. If we cancel the policy, the retrospective premium shall be computed on the basis of the standard premium. However, in the event we cancel for non-payment of premium, the maximum retrospective premium shall be determined in accordance with (a)(4) above. 2 of 4

5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC DE (Ed ) Schedule 1. Tax Multiplier 2. Allocated Loss Adjustment Expenses are 3. Loss Conversion Factor Included or Excluded 4. Per-Accident Loss Limit (if any) 5. Risk Excess Loss Factor (if any) 6. Other Policies Subject to this Retrospective Premium Endorsement 7. First Computation of Retrospective Premium will be based on losses valued as of the sixth month after expiration of all policies subject to this endorsement. If no, specify 8. Subsequent Computations of Retrospective Premium will be made at twelve (12) month intervals after the first computation If no, specify (yes/no) (yes/no) 9. Estimated Standard Premium subject to Endorsement 10. Minimum Retrospective Premium Ratio 11. Maximum Retrospective Premium Ratio 12. Basic Premium Factor The basic premium factor used to compute the retrospective premium will be based on the actual standard premium subject to this endorsement. If the actual standard premium is within the range of the standard premium amounts shown below, the basic premium factor will be obtained by linear interpolation. If the actual standard premium is not within the range shown below, the basic premium factor will be recalculated. The standard premium amount shown in column (1) is percent of the estimated standard premium, the standard premium shown in column (2) is 100 percent of the estimated standard premium, and the standard premium in column (3) is percent of the estimated standard premium. Standard Premium Basic Premium Factor (1) (2) (3) 3 of 4

6 WC DE WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) Notes: 1. Show the applicable tax multiplier, whether or not allocated loss adjustment expenses are to be included, and the loss conversion factor in Items 1, 2, and 3 of the Schedule. 2. If a per-accident loss limit has been selected, show the amount of the selected limit on line 4 and the excess loss factor on line 5. If no per-accident loss limit was selected, enter none or other appropriate text on lines 4 and Identify by policy number any policies to be combined with this one for retrospective rating in Item 6 of the Schedule. The other policies should be endorsed with the Retrospective Premium Endorsement Short Form to show that they are subject to this endorsement. 4. Indicate on line 7 whether or not the first retrospective premium adjustment will be based on losses valued as of the sixth month following expiration of all policies subject to the endorsement. If not, specify when losses will be valued for the initial adjustment. 5. Indicate on line 8 whether or not subsequent retrospective adjustments, if any, will be made at 12-month intervals following the first adjustment. If not, specify the time intervals between retrospective adjustments or other appropriate text. 6. Show the estimated standard premium for all policies subject to this endorsement on line Show the minimum retrospective premium ratio and the maximum retrospective premium ratio on lines 10 and 11, respectively. 8. Show the basic premium factor at the estimated standard premium on line 12. Following line 12, show the smallest standard premium of the selected range of amounts about the estimated standard premium in column (1), the estimated standard premium shown on line 12 in column (2), and the greatest standard premium of the range in column (3). Also show the basic premium factors corresponding to those premium amounts in columns (1), (2), and (3). Additional columns for other standard premium amounts between the premium amounts shown in columns (1), (2), and (3) and the basic premium factors corresponding to those premium amounts may be added between columns (1) and (3). 9. This endorsement has been approved for use with the California Retrospective Rating Plan (Advisory). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By 4 of 4

7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC E (Ed ) RETROSPECTIVE PREMIUM ENDORSEMENT The standard premium you pay for the insurance coverage afforded by this policy and any other policy combined with this policy for retrospective premium determination shall be modified in accordance with the provisions of our Workers Compensation Retrospective Rating Plan authorized for use in California. The premium modified in accordance with the Plan is referred to as retrospective premium. 1. Elements in Development of Retrospective Premium (a) Standard premium is the premium you would have paid if you had not chosen retrospective rating, with two exceptions. Standard premium excludes premium discount and premium charges arising from the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2015, and as may be amended in the future. (b) Basic premium is a percentage of the standard premium. The basic premium is determined by multiplying the standard premium by the basic premium factor. The basic premium factor is based on the expense ratio, the table of insurance charges, and the per-accident loss limitation if one is shown in the schedule. (c) Incurred losses are all amounts we pay plus our estimate of reserves to be paid for losses in connection with the policies subject to this endorsement and include the amounts we expend and our estimates of amounts to be expended in the defense of employers liability claims. Incurred losses do not include any losses directly arising from certified terrorism losses, as defined by the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2015, and as may be amended in the future, reported with a Catastrophe Code assigned pursuant to the California Uniform Statistical Reporting Plan. (d) You may elect incurred allocated loss adjustment expenses (ALAE) to be included with losses in the retrospective premium calculation. ALAE is the expense we incur in connection with handling a claim which can be directly allocated to that particular claim. ALAE does not include expenses incurred in connection with handling claims directly arising from certified terrorism losses, as defined by the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2015, and as may be amended in the future, reported with a Catastrophe Code assigned pursuant to the California Uniform Statistical Reporting Plan. (e) Converted losses are the incurred losses and, if elected, ALAE during the policy period for which this endorsement applies, multiplied by the loss conversion factor shown in the schedule. (f) In addition to the above elements, you may elect to include a per-accident loss limitation. Per-accident loss limitation means the amount of incurred loss and, if elected, ALAE to be included in the retrospective premium calculation is limited to an amount called the per-accident loss limitation. The per-accident loss limitation applies separately to each person who sustains bodily injury by disease and separately to all bodily injury arising out of any one accident. The charge for this per-accident loss limitation is called the excess loss premium. Excess loss premium is a percentage of standard premium multiplied by the loss conversion factor. The percentage is called the excess loss factor. Excess loss premium factors vary by hazard group and by the amount of per-accident loss limitation. If you choose this elective element, the loss conversion factor, the per-accident loss limitation and the excess loss factor are shown in the schedule. 2. Retrospective Premium The retrospective premium shall not be less than the minimum retrospective premium, nor more than the maximum retrospective premium, as determined by applying the minimum and maximum retrospective premium ratios as shown in the schedule to the standard premium. Subject to these minimum and maximum amounts, the retrospective premium will be the sum of (a) the basic premium and (b) converted losses, and (c), if a per-accident loss limitation is elected, the excess loss premium. The sum of the basic premium and converted losses and, if applicable, the excess loss premium will be multiplied by the tax multiplier. 1 of 4

8 WC E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) 3. Computation of Retrospective Premium Within six (6) months after the termination of this policy or any other policy combined with this policy for retrospective premium determination, we shall make an audit of your records in order to compute the standard premium and the basic premium. Unless otherwise shown on the schedule, we shall determine the amount of the incurred losses as of the sixth month after the month in which this policy terminates, unless this policy is combined with other policies for retrospective premium determination, in which case we shall determine the amount of the incurred losses as of the sixth month after the month in which the last policy in force terminates. Within two (2) months after we have determined the basic premium and incurred losses, we shall make the first computation of the retrospective premium. If we have agreed that the first computation of the retrospective premium is the final computation, no further adjustment of the retrospective premium will be made unless there is a clerical error in the calculation. In the absence of this agreement, additional retrospective premium computations will be calculated at twelve (12) month intervals after the first computation based on the latest evaluation of loss experience, unless otherwise shown in the schedule. When we have agreed that a computation is the final computation, no other adjustment of the retrospective premium will be made unless there is a clerical error in the calculation. In the event that you are declared bankrupt or insolvent, make an assignment for the benefit of creditors, are involved in reorganization, receivership or liquidation, or dispose of all your interest in work covered by the insurance, we may make a special valuation of the retrospective premium. You will pay the amount due us if the retrospective premium is more than the total standard premium as of the special valuation date. 4. Payment of Premium Prior to the first computation of the retrospective premium, you must pay us the premium due in accordance with the terms and conditions which would apply if this policy were not subject to retrospective rating. After each computation of retrospective premium, you will pay promptly the amount due us, or we will refund the amount due you. 5. Cancellation of the Policy (a) Cancellation by you. If you cancel this policy or any other policy providing coverage pursuant to this retrospective rating endorsement: 1. The standard premium for this policy and for each policy combined with this policy for premium determination shall be separately computed at short rates in accordance with our short-rate cancellation table authorized for use in California. If we are not authorized to use a short-rate cancellation table, the standard premium shall be computed on a pro rata basis. 2. The sum of the short-rate standard premium for each policy shall be used to determine the basic premium. 3. The sum of the short-rate standard premium for each policy will be the minimum retrospective premium. 4. The maximum retrospective premium will be determined by extending the standard premium for each policy providing coverage pursuant to this endorsement, on a pro rata basis, to the original expiration date of the policy. The sum of the extended standard premium of each policy is multiplied by the corresponding maximum retrospective premium ratio found in the schedule. (b) Cancellation by us. If we cancel the policy, the retrospective premium shall be computed on the basis of the standard premium. However, in the event we cancel for non-payment of premium, the maximum retrospective premium shall be determined in accordance with (a)(4) above. 2 of 4

9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC E (Ed ) Schedule 1. Tax Multiplier 2. Allocated Loss Adjustment Expenses are 3. Loss Conversion Factor Included or Excluded 4. Per-Accident Loss Limit (if any) 5. Risk Excess Loss Factor (if any) 6. Other Policies Subject to this Retrospective Premium Endorsement 7. First Computation of Retrospective Premium will be based on losses valued as of the sixth month after expiration of all policies subject to this endorsement. If no, specify 8. Subsequent Computations of Retrospective Premium will be made at twelve (12) month intervals after the first computation If no, specify (yes/no) (yes/no) 9. Estimated Standard Premium subject to Endorsement 10. Minimum Retrospective Premium Ratio 11. Maximum Retrospective Premium Ratio 12. Basic Premium Factor The basic premium factor used to compute the retrospective premium will be based on the actual standard premium subject to this endorsement. If the actual standard premium is within the range of the standard premium amounts shown below, the basic premium factor will be obtained by linear interpolation. If the actual standard premium is not within the range shown below, the basic premium factor will be recalculated. The standard premium amount shown in column (1) is percent of the estimated standard premium, the standard premium shown in column (2) is 100 percent of the estimated standard premium, and the standard premium in column (3) is percent of the estimated standard premium. Standard Premium Basic Premium Factor (1) (2) (3) 3 of 4

10 WC E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) Notes: 1. Show the applicable tax multiplier, whether or not allocated loss adjustment expenses are to be included, and the loss conversion factor in Items 1, 2, and 3 of the Schedule. 2. If a per-accident loss limit has been selected, show the amount of the selected limit on line 4 and the excess loss factor on line 5. If no per-accident loss limit was selected, enter none or other appropriate text on lines 4 and Identify by policy number any policies to be combined with this one for retrospective rating in Item 6 of the Schedule. The other policies should be endorsed with the Retrospective Premium Endorsement Short Form to show that they are subject to this endorsement. 4. Indicate on line 7 whether or not the first retrospective premium adjustment will be based on losses valued as of the sixth month following expiration of all policies subject to the endorsement. If not, specify when losses will be valued for the initial adjustment. 5. Indicate on line 8 whether or not subsequent retrospective adjustments, if any, will be made at 12-month intervals following the first adjustment. If not, specify the time intervals between retrospective adjustments or other appropriate text. 6. Show the estimated standard premium for all policies subject to this endorsement on line Show the minimum retrospective premium ratio and the maximum retrospective premium ratio on lines 10 and 11, respectively. 8. Show the basic premium factor at the estimated standard premium on line 12. Following line 12, show the smallest standard premium of the selected range of amounts about the estimated standard premium in column (1), the estimated standard premium shown on line 12 in column (2), and the greatest standard premium of the range in column (3). Also show the basic premium factors corresponding to those premium amounts in columns (1), (2), and (3). Additional columns for other standard premium amounts between the premium amounts shown in columns (1), (2), and (3) and the basic premium factors corresponding to those premium amounts may be added between columns (1) and (3). 9. This endorsement has been approved for use with the California Retrospective Rating Plan (Advisory). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By 4 of 4

11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC AB (Ed ) CALIFORNIA LARGE RISK DEDUCTIBLE ENDORSEMENT 1. This endorsement applies to the workers compensation insurance coverage, the employers liability insurance coverage and the other states insurance coverage provided in this policy. 2. This endorsement applies between you and us. It does not affect the rights of others under the policy. Nor does it change our obligations under the policy, except as otherwise stated in this endorsement. 3. In consideration of a reduced premium, you have agreed to reimburse us up to the deductible amounts stated in the Schedule at the end of this endorsement for all payments legally required, including allocated loss adjustment expenses which arise out of any claim or suit we defend, where you elect to include such expenses. 4. We will remain responsible for the full payment of all claims under this policy without regard to your ability or intention to reimburse us for the deductible amounts. The contract of insurance shall be fully enforceable by your employees or their dependents against us. Deductible Each Occurrence 5. The deductible amount stated in the Schedule is the most you must reimburse us for indemnity and medical benefits and damages combined, including allocated loss adjustment expenses, if elected by you, for bodily injury to one or more employees as the result of any one accident or for disablement of one employee due to bodily injury by disease. Deductible Policy Aggregate 6. The amount stated in the Schedule as aggregate is the most you must reimburse us for the sum of all indemnity and medical benefits, damages, and allocated loss adjustment expense, if elected by you, because of bodily injury by accident or bodily injury by disease for the policy period. (a) If we cancel the policy, the aggregate amount stated in the Schedule will be reduced to a pro rata amount based on the time this policy was in force. (b) If you cancel the policy as a result of your retiring from business, the aggregate deductible amount will be reduced to a pro rata amount based on the time this policy was in force. (c) If you cancel the policy for any reason other than retiring from business, the aggregate deductible amount will not be reduced. (d) If this policy is issued for a term of less than one year, the aggregate deductible amount will not be reduced. Effect of Deductible on Limits of Liability 7. The applicable limits of liability as respects the employers liability insurance coverage provided in this policy are subject to reduction by the application of the lost loss reimbursement amount(s) applicable to any claim for accident or disease covered by this policy. In the event of a claim, our obligation to pay is the amount available for benefits or damages that remains after the application of the specific loss reimbursement amount. The payment of loss adjustment expense, where such expense is elected by you, will not affect the limits of the liability. 1 of 3

12 WC AB WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) Allocated Loss Adjustment Expenses 8. Allocated loss adjustment expenses, which is electable by you, means claims expenses directly allocated by us to a particular claim. Such expenses shall not include cost of investigation or the salaries and traveling expenses of our employees other than those salaried employees who perform services which can be directly allocated to the handling of a particular claim. Recovery from Others 9. If we recover any payments made under this policy from anyone liable for the injury, the amount we recover will be applied as follows: (a) First, to any payments made by us in excess of the deductible amount; and (b) Then the remainder, if any, will be applied to reduce the deductible amount reimbursed by you. Cancellation 10. We may cancel this policy for nonpayment of any deductible amounts or for failure to comply with any security-related terms of this policy. Such cancellation of this policy shall be treated in the same manner as nonpayment of premium as provided by the California Insurance Code. We will remain fully responsible for the full amount of all claims incurred prior to the effective date of cancellation. Sole Representation 11. The first Named Insured stated in the Information Page will act on behalf of all the named insureds with respect to: (a) Changes to this endorsement; (b) Obligations to receive premiums; or (c) Giving or receiving notice of cancellation. Your Duties and Understanding 12. All bodily injuries by accident or disease for which you are responsible shall be promptly reported to us for adjustment and payment, regardless of their severity or cost. You further understand that all such bodily injuries and their cost shall be included in experience data used to determine the experience rating for your policy, regardless of the eligibility of such claims for full or partial reimbursement under the deductible provisions of this policy. Other Rights and Duties 13. All other terms of the policy, including those which govern the following items, apply irrespective of this deductible endorsement: (a) Our right and duty to defend any claim, proceeding or suit against you; and (b) Your duties if injury occurs. 2 of 3

13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC AB (Ed ) Additional Charges 14. Any assessments pursuant to California statute are not part of this Plan but are included in the cost of the coverage provided by the policy to which this endorsement is attached. 1. Deductible Amount $ Each Accident (Dollar Amount) Schedule 2. Aggregate Limit $ Negotiated Charge $ (Dollar Amount or None ) (Dollar Amount or None ) 3. Allocated Loss Adjustment Expenses are ( Included or Excluded ) 4. The Fixed Expense Charge be adjusted retroactively, based upon actual costs. ( Will or Will Not ) Notes: 1. This endorsement may be used to provide deductibles to policyholders for all or part of benefits payable under the policy pursuant to California Insurance Code Section 11735(e). 2. This endorsement has been approved for use in conjunction with the California Large Risk Deductible Plan (Advisory). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By 3 of 3

14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC B (Ed ) CALIFORNIA LARGE RISK DEDUCTIBLE ENDORSEMENT 1. This endorsement applies to the workers compensation insurance coverage, the employers liability insurance coverage and the other states insurance coverage provided in this policy. 2. This endorsement applies between you and us. It does not affect the rights of others under the policy. Nor does it change our obligations under the policy, except as otherwise stated in this endorsement. 3. In consideration of a reduced premium, you have agreed to reimburse us up to the deductible amounts stated in the Schedule at the end of this endorsement for all payments legally required, including allocated loss adjustment expenses which arise out of any claim or suit we defend, where you elect to include such expenses. 4. We will remain responsible for the full payment of all claims under this policy without regard to your ability or intention to reimburse us for the deductible amounts. The contract of insurance shall be fully enforceable by your employees or their dependents against us. Deductible Each Occurrence 5. The deductible amount stated in the Schedule is the most you must reimburse us for indemnity and medical benefits and damages combined, including allocated loss adjustment expenses, if elected by you, for bodily injury to one or more employees as the result of any one accident or for disablement of one employee due to bodily injury by disease. Deductible Policy Aggregate 6. The amount stated in the Schedule as aggregate is the most you must reimburse us for the sum of all indemnity and medical benefits, damages, and allocated loss adjustment expense, if elected by you, because of bodily injury by accident or bodily injury by disease for the policy period. (a) If we cancel the policy, the aggregate amount stated in the Schedule will be reduced to a pro rata amount based on the time this policy was in force. (b) If you cancel the policy as a result of your retiring from business, the aggregate deductible amount will be reduced to a pro rata amount based on the time this policy was in force. (c) If you cancel the policy for any reason other than retiring from business, the aggregate deductible amount will not be reduced. (d) If this policy is issued for a term of less than one year, the aggregate deductible amount will not be reduced. Effect of Deductible on Limits of Liability 7. The applicable limits of liability as respects the employers liability insurance coverage provided in this policy are subject to reduction by the application of the loss reimbursement amount(s) applicable to any claim for accident or disease covered by this policy. In the event of a claim, our obligation to pay is the amount available for benefits or damages that remains after the application of the specific loss reimbursement amount. The payment of loss adjustment expense, where such expense is elected by you, will not affect the limits of the liability. 1 of 3

15 WC B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed ) Allocated Loss Adjustment Expenses 8. Allocated loss adjustment expenses, which is electable by you, means claims expenses directly allocated by us to a particular claim. Such expenses shall not include cost of investigation or the salaries and traveling expenses of our employees other than those salaried employees who perform services which can be directly allocated to the handling of a particular claim. Recovery from Others 9. If we recover any payments made under this policy from anyone liable for the injury, the amount we recover will be applied as follows: (a) First, to any payments made by us in excess of the deductible amount; and (b) Then the remainder, if any, will be applied to reduce the deductible amount reimbursed by you. Cancellation 10. We may cancel this policy for nonpayment of any deductible amounts or for failure to comply with any security-related terms of this policy. Such cancellation of this policy shall be treated in the same manner as nonpayment of premium as provided by the California Insurance Code. We will remain fully responsible for the full amount of all claims incurred prior to the effective date of cancellation. Sole Representation 11. The first Named Insured stated in the Information Page will act on behalf of all the named insureds with respect to: (a) Changes to this endorsement; (b) Obligations to receive premiums; or (c) Giving or receiving notice of cancellation. Your Duties and Understanding 12. All bodily injuries by accident or disease for which you are responsible shall be promptly reported to us for adjustment and payment, regardless of their severity or cost. You further understand that all such bodily injuries and their cost shall be included in experience data used to determine the experience rating for your policy, regardless of the eligibility of such claims for full or partial reimbursement under the deductible provisions of this policy. Other Rights and Duties 13. All other terms of the policy, including those which govern the following items, apply irrespective of this deductible endorsement: (a) Our right and duty to defend any claim, proceeding or suit against you; and (b) Your duties if injury occurs. 2 of 3

16 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC B (Ed ) Additional Charges 14. Any assessments pursuant to California statute are not part of this Plan but are included in the cost of the coverage provided by the policy to which this endorsement is attached. 1. Deductible Amount $ Each Accident (Dollar Amount) Schedule 2. Aggregate Limit $ Negotiated Charge $ (Dollar Amount or None ) (Dollar Amount or None ) 3. Allocated Loss Adjustment Expenses are ( Included or Excluded ) 4. The Fixed Expense Charge be adjusted retroactively, based upon actual costs. ( Will or Will Not ) Notes: 1. This endorsement may be used to provide deductibles to policyholders for all or part of benefits payable under the policy pursuant to California Insurance Code Section 11735(e). 2. This endorsement has been approved for use in conjunction with the California Large Risk Deductible Plan (Advisory). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By 3 of 3

17 PN F (Ed ) POLICYHOLDER NOTICE YOUR RIGHT TO RATING AND DIVIDEND INFORMATION I. Information Available to You A. Information Available from Us [Insert name of insurer underwriting policy in bold] (1) General questions regarding your policy should be directed to: [insert insurer contact information in bold] [Insurer s name] [Street address] [City, State Zip] [Telephone: xxx-xxx-xxxx] [Fax: xxx-xxx-xxx] [Website address] (2) Dividend Calculation. If this is a participating policy (a policy on which a dividend may be paid), upon payment or nonpayment of a dividend, we shall provide a written explanation to you that sets forth the basis of the dividend calculation. The explanation will be in clear, understandable language and will express the dividend as a dollar amount and as a percentage of the earned premium for the policy year on which the dividend is calculated. (3) Claims Information. Pursuant to Sections 3761 and 3762 of the California Labor Code, you are entitled to receive information in our claim files that affects your premium. Copies of documents will be supplied at your expense during reasonable business hours. For claims covered under this policy, we will estimate the ultimate cost of unsettled claims for statistical purposes eighteen months after the policy becomes effective and will report those estimates to the Workers Compensation Insurance Rating Bureau of California (WCIRB) no later than twenty months after the policy becomes effective. The cost of any settled claims will also be reported at that time. At twelve-month intervals thereafter, we will update and report to the WCIRB the estimated cost of any unsettled claims and the actual final cost of any claims settled in the interim. The amounts we report will be used by the WCIRB to compute your experience modification if you are eligible for experience rating. B. Information Available from the Workers Compensation Insurance Rating Bureau of California (1) The WCIRB is a licensed rating organization and the California Insurance Commissioner s designated statistical agent. As such, the WCIRB is responsible for administering the California Workers Compensation Uniform Statistical Reporting Plan 1995 (USRP) and the California Workers Compensation Experience Rating Plan 1995 (ERP). Contact information for the WCIRB is: WCIRB, 1221 Broadway, Suite 900, Oakland, CA 94612, Attention: Customer Service. You may also contact WCIRB Customer Service at , by fax at , or via the Internet at the WCIRB s website: The regulations contained in the USRP and the ERP are available for public viewing through the WCIRB s website. (2) Policyholder Information. Pursuant to California Insurance Code (CIC) Section , upon written request, you are entitled to information relating to loss experience, claims, classification assignments, and policy contracts as well as rating plans, rating systems, manual rules, or other information impacting your premium that is maintained in the records of the WCIRB. Complaints and Requests for Action requesting policyholder information should be forwarded to: WCIRB, 1221 Broadway, Suite 900, Oakland, CA 94612, Attention: Custodian of Records. The Custodian of Records can be reached by telephone at and by fax at (3) Experience Rating Form. Each experience rated risk may receive a single copy of its current Experience Rating Form free of charge by completing a Policyholder Rate Sheet Request Form on the WCIRB s website at The Experience Rating Form will include a Loss-Free Rating, which is the experience modification that would have been calculated if $0 (zero) actual losses were incurred during the experience period. This hypothetical rating calculation is provided for informational purposes only. II. Dispute Process You may dispute our actions or the actions of the WCIRB pursuant to CIC Sections and A. Our Dispute Resolution Process. [Optional language for insurers that have adopted the WCIRB s Advisory Basic Underwriting Manual: If you are aggrieved by our decision adopting a change in a classification assignment that results in increased premium, or by the application of our rating system to your workers compensation insurance, you may dispute these matters with us. If you are dissatisfied with the outcome of the initial dispute with us, you may send us a written Complaint and Request for Action as outlined below.] You may send us a written Complaint and Request for Action requesting that we reconsider a change in a classification assignment that results in an increased premium and/or requesting that we review the manner in which our rating system 1 of 2

18 PN F (Ed ) has been applied in connection with the insurance afforded or offered you. Written Complaints and Requests for Action should be forwarded to: [insurer s name, address, telephone and fax numbers for office designated to receive complaints, including website address, if applicable]. After you send your Complaint and Request for Action, we have 30 days to send you a written notice indicating whether or not your written request will be reviewed. If we agree to review your request, we must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If we decline to review your request, if you are dissatisfied with the decision upon review, or if we fail to grant or reject your request or issue a decision upon review, you may appeal to the insurance commissioner as described in paragraph II.C., below. B. Disputing the Actions of the WCIRB. If you have been aggrieved by any decision, action, or omission to act of the WCIRB, you may request, in writing, that the WCIRB reconsider its decision, action, or omission to act. You may also request, in writing, that the WCIRB review the manner in which its rating system has been applied in connection with the insurance afforded or offered you. For requests related to classification disputes, the reporting of experience, or coverage issues, your initial request for review must be received by the WCIRB within 12 months after the expiration date of the policy to which the request for review pertains, except if the request involves the application of the Revision of Losses rule. For requests related to your experience modification, your initial request for review must be received by the WCIRB within 6 months after the issuance, or 12 months after the expiration date, of the experience modification to which the request for review pertains, whichever is later, except if the request for review involves the application of the Revision of Losses rule. If the request involves the Revision of Losses rule, the time to state your appeal may be longer. (See Section VI, Rule 14 of the ERP). You may commence the review process by sending the WCIRB a written Inquiry. Written Inquiries should be sent to: WCIRB, 1221 Broadway, Suite 900, Oakland, CA 94612, Attention: Customer Service. Customer Service can be reached by telephone at , and by fax at If you are dissatisfied with the WCIRB s decision upon an Inquiry, or if the WCIRB fails to respond within 90 days after receipt of the Inquiry, you may pursue the subject of the Inquiry by sending the WCIRB a written Complaint and Request for Action. After you send your Complaint and Request for Action, the WCIRB has 30 days to send you written notice indicating whether or not your written request will be reviewed. If the WCIRB agrees to review your request, it must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If the WCIRB declines to review your request, if you are dissatisfied with the decision upon review, or if the WCIRB fails to grant or reject your request or issue a decision upon review, you may appeal to the insurance commissioner as described in paragraph II.C., below. Written Complaints and Requests for Action should be forwarded to: WCIRB, 1221 Broadway, Suite 900, Oakland, CA 94612, Attention: Complaints and Reconsiderations. The WCIRB s telephone number is , and the fax number is C. California Department of Insurance Appeals to the Insurance Commissioner. If, after you follow the appropriate dispute resolution process described above, we or the WCIRB decline to review your request, if you are dissatisfied with the decision upon review, or if we or the WCIRB fail to grant or reject your request or issue a decision upon review, you may appeal to the insurance commissioner pursuant to CIC Sections 11737, , and Title 10, California Code of Regulations, Section et seq. You must file your appeal within 30 days after we or the WCIRB send you the notice rejecting review of your Complaint and Request for Action or the decision upon your Complaint and Request for Action. If no written decision regarding your Complaint and Request for Action is sent, your appeal must be filed within 120 days after you sent your Complaint and Request for Action to us or to the WCIRB. The filing address for all appeals to the insurance commissioner is: Administrative Hearing Bureau California Department of Insurance 45 Fremont Street, 22nd Floor San Francisco, California You have the right to a hearing before the insurance commissioner, and our action, or the action of the WCIRB, may be affirmed, modified, or reversed. III. Resources Available to You in Obtaining Information and Pursuing Disputes A. Policyholder Ombudsman. Pursuant to California Insurance Code Section , a policyholder ombudsman is available at the WCIRB to assist you in obtaining and evaluating the rating, policy, and claims information referenced in I.A. and I.B., above. The ombudsman may advise you on any dispute with us, the WCIRB, or on an appeal to the insurance commissioner pursuant to Section of the Insurance Code. The address of the policyholder ombudsman is WCIRB, 1221 Broadway, Suite 900, Oakland, CA 94612, Attention: Policyholder Ombudsman. The policyholder ombudsman can be reached by telephone at and by fax at B. California Department of Insurance Information and Assistance. Information and assistance on policy questions can be obtained from the Department of Insurance Consumer HOTLINE, HELP (4357) or For questions and correspondence regarding appeals to the Administrative Hearing Bureau, see the contact information in paragraph II.C. This notice does not change the policy to which it is attached. 2 of 2