This is a companion case to that of Department of Water and Power v. Industrial Acc. Com., No. 14455, this day decided (ante, p. 638 [ 32 Pac. (2d) 354 ]). The petitioner herein, the National Automobile Insurance Company, was found by the Industrial Accident Commission to be the insurance carrier of the Mono Construction Company, at the time the employee, Winkler, met his death while operating a gasoline power shovel belonging to said construction company, which shovel with its operator and helper had been rented to the Department of Water and Power of the City of Los Angeles by the Construction Company. An award of compensation was, therefore, made against the National Automobile Insurance Company, as the insurance carrier of the Mono Construction Company, as well as against the Department of Water and Power under the findings of the commission that the Mono Construction Company was the general employer and the Department of Water and Power was the special employer of the deceased employee at the time of his injury.

The National Automobile Insurance Company seeks to set aside said award on the ground that the evidence before the commission was insufficient to show that the deceased at the time of his injury was in the employ of Mono Construction Company or that the National Automobile Insurance Company was the insurance carrier of the construction company at the time of the injury to said deceased.

In addition to the facts set forth in the opinion in the case of Department of Water and Power v. Industrial Acc. Com., supra, it appears without contradiction that the Mono Construction Company, not only employed the deceased and paid him his wages, but that at all times he was subject to certain orders of the construction company, and that the company had authority to discharge him at any time it was dissatisfied with his work. It further appears that Mr. Post of the construction company paid daily visits to the job, spending there almost the entire time of each day and keeping a general oversight over the operation of the shovels in charge of its employees. These facts were sufficient to support the finding of the commission that the Mono Construction Company as the general employer of the' deceased retained and exercised some measure of control over Winkler at the time of his injury, and justified the conclusion of the commission that the construction company was liable to the decedent’s surviving widow for compensation resulting from his death. The supporting authorities cited in the companion case of Department of Water and Power v. Industrial Acc. Com., supra, furnish legal justification for the action of the commission in awarding compensation to said surviving widow under both the general and special employment of her deceased husband, and it is not necessary to restate them here.

The further question presented on this appeal is embodied in the contention of petitioner that the evidence before the commission was insufficient to support its finding that petitioner, the National Automobile Insurance Company, was the insurance carrier of the Mono Construction Company with respect to the injury and death of the deceased employee. In the first place it is contended by petitioner that its liability under the policy of insurance is limited to the specific location named in a rider or indorsement attached to the policy. This rider reads as follows:

Even should we concede that in the body of the policy of insurance issued by petitioner are to be found certain provisions which might form the basis of an argument that would bring this case within the doctrine announced by this court in the case of Ocean etc. Corp., Ltd., v. Industrial Acc. Com., supra, although in our opinion it would be most difficult to successfully sustain such argument, yet such provisions if so construed would be inconsistent with the provisions of the indorsement or rider attached to the policy and quoted above, wherein it is expressly provided as follows: “ It is agreed that, anything in this policy to the contrary notwithstanding, this policy DOES NOT INSURE: As respects injuries (or death resulting therefrom) sustained by any employees engaged in any operations other than those operations specifically rated and described as covered hereunder in the Classification of Operations schedule herein.” As we have seen, the “Classification of Operations” included only, “Truckmen. Payroll to include Drivers, Chauffeurs, and their helpers, Stablemen, Blacksmiths and Repairmen.” Here is a positive and clear statement that the policy does not cover an employee sustaining an injury while engaged in any operation not rated and described in the “Classification of Operations”. This statement, as we have seen, is contained in the indorsement or rider to the main policy. It therefore controls any provision in the policy inconsistent therewith. (Cooley’s Briefs on Insurance, vol. 8, p. 1009; Royal Ins. Co. v. Caledonian Ins. Co., 182 Cal. 219, 223 [ 187 Pac. 748 ]; 14 Cal. Jur., p. 451; Aetna Ins. Co. v. Sacramento Stockton S. S. Co., 273 Fed. 55 ; Jackson v. British American Assur. Co., 106 Mich. 47 [ 63 N. W. 899 , 30 L. R. A. 636].)

The policy of insurance issued by the petitioner must be construed as applying only to those employees of the insured named in the declaration of “Classification of Operations” set out in the policy. The wages or remuneration of these employees formed the entire basis upon which the premium paid to the insurance carrier was computed. It had no right to collect premiums based upon the wages paid to any other employees not named in said declaration of “Classification of Operations”. It should not, therefore, be held liable for any injury sustained by any such employee.

That compensation insurance policies may be limited to certain specified employees of the insured is now definitely established by statute (Workmen’s Compensation Act, sec. 31 [a]), and has received the approval of the courts. (Zurich Gen. Acc. etc. Ins. Co. v. Stadelman, 208 Cal. 151 [ 280 Pac. 687 ]; Ocean A. & G. Corp., Ltd., v. Industrial Acc. Com., 208 Cal. 157 [ 280 Pac. 690 ].)

As the deceased at the time of his injury was not within the coverage provisions of the policy of insurance issued by the petitioner, the award against petitioner and in favor of the surviving widow of the deceased cannot be sustained. In so far as said award is made to run against the petitioner, it is hereby annulled.

Langdon, J., Shenk, J., Preston, J., and Waste, -C. J., concurred.