Contingent Liability:

The contingent program works as follows: Insuring Agreement. Upon the occurrence of a Covered Contingency, the insurance company will, at their sole option and in accordance with applicable law, either:

A. Pay benefits that are equivalent to the benefits payable under
the workers’ compensation and employers’ liability law that would apply to the Named Insured if this Policy was a policy of workers’ compensation insurance, but only with respect to an Owner-Operator or Contract Driver who is deemed in accordance with applicable law to be an employee of the Named Insured by order of any administrative or regulatory agency or court of competent jurisdiction; or

B. seeking to be deemed an employee of the Named Insured in accordance with applicable law.
This Policy provides for our right and duty to defend the Named Insured with respect to those benefits required under the workers’ compensation laws of such states, or such other states as may be determined to apply to the Owner-Operator, and/or Contract Driver.