C-III.A · Insurance on Residence (Casualty)
Endorsements, and California workers’ compensation for residence employees
An endorsement attached to a homeowners policy changes that policy by adding, removing or modifying terms. When the endorsement and the printed form conflict on the same point, the endorsement generally controls. That is how an endorsement can restore coverage the form excludes, or limit coverage the form grants.
California builds one coverage into personal liability by law. Ins. Code §11590: a comprehensive personal liability policy may not be issued or renewed without coverage for the insured's liability for workers' compensation owed to an employee described in Labor Code §3351(d), which includes household workers such as a person who cares for children in the home. A policy is construed as if the coverage were written in, whether or not it actually is. It steps aside only if other valid and collectible workers' compensation insurance applies. Under §11593, the charge for it is not stated separately on the insured's premium notice or policy.
Who counts as an employee? Labor Code §3352(a)(8) excludes a household worker whose employment in the 90 calendar days before the injury was, or was contracted to be, for less than 52 hours, or for wages of not more than $100. Either test is enough. Example: a housekeeper with 60 hours and $1,200 in wages is covered; a babysitter with 30 hours is not; a handyman paid exactly $100 is not. A person employed by his or her parent is also excluded (§3352(a)(1)).
Business help is different. Section 11591 makes the requirement inapplicable where the employee's services are connected with the insured's trade, business, profession or occupation. A helper in a home catering business is a business employee, so the owner needs workers' compensation for the business.
Remember
· An endorsement generally controls over the printed form on the same point.
· §11590: workers' comp for household employees is read into every CA comprehensive personal liability policy; charge not stated separately (§11593).
· Not an employee if, in the 90 days before injury: under 52 hours OR wages of $100 or less. Business help excluded (§11591).
CA
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