STOLEN IDENTITY EVENT INSURANCE
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine your rights and duties and what is and is not covered.
Throughout this Policy, the words “you” and “your” refer to the Insured. The words “we,” “us,” and our” refer to State National Insurance Company, the insurance company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI - DEFINITIONS.
I. INSURING AGREEMENT
If the Insured has been a victim of a Stolen Identity Event covered by this Policy, the following coverages are provided:
A. Replacement of Documents. The actual cost of replacing documents as a result of a Stolen Identity Event including, but not limited to, driver's licenses, passports, birth certificates, marriage certificates and stock certificates, including the cost of additional legal expenses such as affidavits required in connection with obtaining a replacement document.
B. Traveling Expenses. The reasonable additional expenses (including, but not limited to, gas, parking, and airline tickets) incurred by the Insured or by the Insured's authorized representative, holding a power of attorney or guardianship appointment to act on the Insured's behalf, in traveling to obtain replacement documents, to attend government departments or legal representatives, or to rectify records in connection therewith as a result of a Stolen Identity Event.
C. Loss of Income. Actual lost income that would have been earned in the United States, whether partial or whole days, for time reasonably and necessarily taken off work and away from the work premises of the Insured or the Insured's authorized representative, holding a power of attorney or guardianship appointment to act on behalf of the Insured, solely as a result of efforts of the Insured or the Insured's authorized representative to amend or rectify records relating to the Insured's true name or identity as a result of a Stolen Identity Event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but not for sick days or any cost arising from time taken from self-employment. Coverage is limited to wages lost within 6 months after the Insured's discovery of a Stolen Identity Event.
D. Childcare and Elderly Care. The cost to the Insured or the Insured's authorized representative, holding a power of attorney or guardianship appointment to act on the Insured's behalf, of providing additional childcare or care of elderly relatives for which the Insured (or the Insured's authorized representative holding a power of attorney or guardianship appointment to act on the Insured's behalf) is directly responsible while having to travel to replace documents, attend government departments or legal representatives, or rectify records as a result of a Stolen Identity Event.
E. Fraudulent Withdrawals from a Bank, Credit Card, or Brokerage Account. The cost to the Insured of a Stolen Funds Loss as a direct result of a Stolen Identity Event.
F. Legal Costs. The amount of reasonable and necessary expenses paid to lawyers and other third party legal professionals, retained by LifeLock on behalf of an Insured or an Insured's legal representative to represent the Insured or the Insured's legal representative, and incurred in connection with remediating a Stolen Identity Event, including the defense of a Suit brought against the Insured, the removal of any civil judgment wrongfully entered against the Insured, legal assistance at an audit or hearing conducted by a governmental agency, legal assistance in challenging the accuracy of the Insured's consumer credit report, and the defense of any criminal charges brought against the Insured arising from the actions of a third party using the personal identity of the Insured.
G. Remediation Services Costs. The amount of reasonable and necessary expenses paid to investigators and other third-party business providers that are retained by LifeLock and involved in any services that are reasonably necessary, viewed in the context of LifeLock's business and Membership Programs, to restore the good name and identity of the Insured, or to recover Losses of the Insured in accordance with any Membership Program.
H. Case Management Services Costs. The amount of reasonable and necessary expenses paid to a third-party case management service provider retained by LifeLock as a result of a Stolen Identity Event, subject to the Limits of Insurance as provided in Section III of this Policy.
We will not pay for any Loss caused directly or indirectly by any of the following. Such Loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Loss.
A. DISHONEST ACTS
Any dishonest, criminal, malicious or fraudulent acts if the Insured that suffered a Loss willingly participated in, or directed, such acts.
B. BODILY INJURY
Any physical injury, sickness, disease, disability, shock, mental anguish, or mental injury, including required care, loss of services or death at any time resulting therefrom.
C. WAR OR TERRORISM
(a) Strikes or similar labor action, war (whether declared or not), or any act or condition incident to war. War includes civil war, insurrection, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion, invasion, hostilities and warlike operations or mutiny.
(b) Acts of terrorism (whether declared or not and whether domestic or foreign) undertaken by any person or group, whether or not acting on behalf of or in any connection with any organization, government, power, authority or military force. Terrorism includes the actual or threatened: (a) use of force or violence against person or property, (b) commission of an act dangerous to human life or property, and (c) commission of an act, including a Computer Attack, that interferes with or disrupts an electronic or communication system (including the Internet or any part thereof), when the intent or effect is to intimidate or coerce a government, the civilian population or any segment thereof, or to disrupt any segment of the economy, the functioning of any government, or the health, welfare or safety of any civilian population, or to interfere with the operations of any organization providing goods or services that benefit the defense or economy of any nation, civilian population or segment thereof, or any action taken to hinder or defend any against any of the foregoing. Terrorism shall also specifically include:
(i) any hostile act by a person(s) acting with the sponsorship, endorsement or assistance of a state or governmental entity designated by the United States Government as a “rogue state,” “state of concern,” “hostile state” or similar designation;
(ii) any hostile act by a person(s) who is/are members of, or acting on behalf of, an organization recognized as a hostile or terrorist organization by the United States or any agency thereof or other domestic or foreign governmental or law enforcement agency; or
(iii) any hostile act that is verified, recognized or determined by a competent and recognized judicial administrative, executive or legislative governmental entity to be an act of terrorism.
Claims alleging or arising out of the presence of or the actual, alleged or threatened discharge, dispersal, release or escape of pollutants (including nuclear materials), or any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants, or in any way respond to or assess the effects of pollutants.
E. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE – PHYSICAL DAMAGE
This Policy does not cover any Loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination, however such nuclear reaction, nuclear radiation or radioactive contamination may have been caused.
F. POLITICAL RISK, FINANCIAL GUARANTEE & RISK EXCLUSION
This Policy excludes any Loss or liability arising from the following:
a. Contract frustration business, including but not limited to all forms of non-performance of contractual obligations, import and/or export embargo, non-ratification of contracts, exchange transfer, calling of bonds and guarantees and force majeure indemnities.
b. Failure to or delay in delivery or supply of any form of property whatsoever, unless as a direct result of physical damage.
c. Any form of financial guarantee, surety or credit indemnity.
G. FRAUDULENT WITHDRAWALS BY IMMEDIATE FAMILY MEMBERS
Benefits under section I(E) of this Policy for Loss caused by an Unauthorized Funds Transfer will not apply to any Unauthorized Funds Transfer committed or attempted to be committed by an immediate family member of the Insured without signature authority on the affected Account, subject to the following: (a) an immediate family member for purposes of this clause includes only one who is a spouse (or analogous domestic partner recognized by law, such as a civil union), child of the Insured, or child of the Insured's spouse at the time of the Unauthorized Funds Transfer; (b) the foregoing exclusion and limitation is not applicable as long as the Insured files a report with appropriate law enforcement authorities regarding the Unauthorized Funds Transfer within fourteen (14) days after the discovery of the Unauthorized Funds Transfer, but in no event later than ninety (90) days after the Unauthorized Funds Transfer is reported to the Insured.
H. LOSSES NOT REPORTED WITHIN NINETY (90) DAYS
This Policy does not cover any Loss arising from a Stolen Identity Event or Unauthorized Funds Transfer that is not reported to us within ninety (90) days after it is first discovered by you.
With respect to coverage under this Policy, there shall be no coverage for any Loss arising directly or indirectly from:
(1) BUSINESS PROFESSIONAL SERVICES
Any Business activity, including without limitation, any Loss connected to an Account used for Business purposes.
(2) PUBLIC AUTHORITY
Any Loss resulting from or arising out of the destruction, confiscation or seizure by order of any government or public authority.
(3) VOLUNTARY DISCLOSURE
Voluntary disclosure of any code or other security information which can be used to gain access to an Insured's Account to someone who subsequently contributes to a Stolen Identity Event. This does not include disclosure of any code or other security information which can be used to gain access to an Insured's Account when the Insured is or was under duress or when the Insured was a victim of fraud.
III. LIMITS OF INSURANCE/LIABILITY
The amounts identified below represent the maximum amount, in United States Dollars, we will pay you or a third party on your behalf in connection with each Stolen Identity Event that is discovered during the Policy period.
(A) Cost of Replacing Documents - Up to $2,000.00 for each Stolen Identity Event.
(B) Traveling Expenses - Up to $2,500.00 for each Stolen Identity Event.
(C) Loss of Income - Up to $200.00 per day, for a maximum benefit period of one (1) month, but not to exceed $6,000.00 for any one Stolen Identity Event.
(D) Childcare/Elderly Care - Up to $200.00 per day, for a maximum benefit period of one (1) month, but not to exceed $6,000.00 for any one Stolen Identity Event.
(E) Fraudulent Withdrawals - Up to $10,000.00 for all fraudulent withdrawals resulting from a Stolen Identity Event.
(F) Legal Costs, Remediation Services Costs and Case Management Services Costs - Up to a total of $1,000,000.00 for any one Stolen Identity Event.
Premiums for coverage afforded by this Policy are included within the Insured's fees paid to LifeLock under that certain Membership Program. Premiums due from LifeLock to us for coverage afforded by this Policy shall be calculated in accordance with Exhibit 1 to this Policy.
V. OBLIGATIONS OF THE INSURED
As a condition precedent to coverage under this Policy, you shall at all times have the duties and obligations set forth in this section.
(A) If a Stolen Identity Event occurs, you shall promptly, but no later than 90 days after you discover that a Stolen Identity Event has occurred, notify us and LifeLock of the Stolen Identity Event. You shall also follow our written instructions to mitigate potential Loss, which will be provided to you in a claims kit and which will include the prompt notification of the major credit bureaus, the Federal Trade Commission's Identity Theft Hotline and appropriate law enforcement agencies.
(B) The Benefits described in this Policy are available only for costs and expenses actually incurred (referred to herein as “Loss”). In the event that you seek to obtain any of the benefits described above, in the event of a Loss, you shall:
i. Promptly, but no later than 90 days after your discovery of a Loss resulting from a Stolen Identity Event or Unauthorized Funds Transfer, notify us and LifeLock of the Loss, submit to us and LifeLock the written proof of Loss provided to you in a claims kit, and provide any other reasonable information or documentation that LifeLock may request;ii. Notify the bank or card issuer in strict accordance with the bank's or credit card issuer's terms and conditions following the occurrence of an Unauthorized Fund Transfer.iii. Take all reasonable steps to mitigate Loss resulting from a Stolen Identity Event including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees;iv. Provide all assistance and cooperation we may require in the investigation and determination of any Loss, including but not limited to:
- Immediately forwarding to us any notices, summons or legal papers received in connection with a Loss or the Stolen Identity Event;
- Authorizing us to obtain records and other information with regard to any Loss;
- Cooperating with and helping us to enforce any legal rights you or LifeLock may have against anyone who may be liable to you;
- Attending depositions, hearings and trials, using reasonable efforts to secure and give evidence, and to obtain the attendance of witnesses with regard to any Loss; or
- Answering questions under oath at such times as may be reasonably required about any matter relating to this insurance or the Loss, as well as permitting us to inspect your books and records. In such event, your answers under oath shall be signed.v. Take all reasonable steps to prevent further Stolen Funds Loss after becoming aware of suffering an Unauthorized Fund Transfer including, but not limited, to promptly contacting the Financial Institution which holds the Account;vi. In the event of a Stolen Funds Loss, you shall:
- Take all reasonable steps to obtain reimbursement for the Stolen Funds Loss from the Financial Institution which holds the Account;
- Promptly give notice to us of the Stolen Funds Loss and detailed information regarding the Stolen Funds Loss, including without limitation, the type, dates, and amount of Stolen Funds Loss.
- Send to us at our request, a signed, sworn proof of Stolen Funds Loss, or affidavit containing the information we request to investigate the Stolen Funds Loss. We shall supply you with the necessary forms for this purpose, which you shall complete, execute and return to us within sixty (60) days of our request.
- Provide us with a complete description of your efforts to obtain reimbursement from the Financial Institution that holds the Account and stated reasons why full or partial reimbursement was not provided; and
- Provide any other reasonable information or documentation that we may request.
The following definitions shall apply for purposes of this Policy.
A. Access Device means a card, code or other means of access to an Account of the Insured, or any combination thereof, that may be used by the Insured to initiate a Funds Transfer.
B. Account means a checking, savings, money market, brokerage, or credit card Account of the Insured held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes.
C. Business means any employment, trade, profession or occupation.
D. Commencement Date means the date on which an Insured becomes covered under this Policy, which date shall be the later of October 1, 2011, or the date on which an Insured becomes enrolled in a LifeLock Membership Program.
E. Computer Attack means transmission of malicious code, Unauthorized Computer Access or Unauthorized Computer Use, whether intentional or unintentional, hostile or otherwise and regardless of whether the perpetrator is motivated for profit, which results in copying or misappropriation of an Insured's identity information.
F. Computer System means computer hardware, software or firmware and data stored thereon, linked together through a network of two or more computers, or accessible through the Internet, including network infrastructure, input, output, processing, storage and off-line media libraries. Computer System also includes those written policies and procedures applicable to the security of a computer network.
G. Declarations Page means the Declarations Page dated as of the date hereof and comprising a part of this Policy.
H. Financial Institution means a bank, savings, association, credit union, credit institution or company issuing credit, or any other person that directly or indirectly holds an Account belonging to an Insured.
I. Funds Transfer means a transfer of funds, including one initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing or authorizing a Financial Institution to debit or credit an Insured's Account. Funds Transfer includes, but is not limited to, point-of-sale transfers, automated teller machine transfers, direct deposits or withdrawals of funds, transfers initiated by telephone, and transfers resulting from debit or credit card transactions, whether or not initiated through an electronic terminal.
J. Insured means a person who, at the time of a Stolen Identity Event is (1) enrolled in a Membership Program, and (2) is a US Citizen, Canadian citizen domiciled in the USA, or US resident with a legal right of abode, including members of the US Armed Forces while abroad.
K. Insurer means State National Insurance Company.
L. Internet means the worldwide public network of computers as it currently exists or may be manifested in the future.
M. LifeLock means LifeLock, Inc.
N. Loss means any of the coverages described in Section I of this Policy.
O. Master Policyholder means LifeLock, Inc.
P. Member means a person who is enrolled in a Membership Program.
Q. Membership Program means those programs offered by LifeLock to its Members both presently and in the future, including without limitation LifeLock® services and LifeLock Command Center® services, and any future offerings.
R. Policy means this Policy and any endorsement attached hereto, together with any attachments or appendices hereto, as well as any evidence of coverage provided to an Insured.
S. Stolen Funds Loss means the principal amount, exclusive of interest and fees, incurred by the Insured and caused by an Unauthorized Fund Transfer. Stolen Funds Loss shall not include any amount for which the Insured did not seek reimbursement from the financial or credit institution which holds the Account from which funds were stolen, and Stolen Funds Loss shall not include any amount for which the Insured received reimbursement from any source.
T. Stolen Identity Event means an occurrence after the Commencement Date and before the Termination Date which includes a single act or a series of related acts, whether committed by one or more persons, of theft of an Insured's personal information, including without limitation, the Insured's personal identification, social security number, or other method of identifying the Insured, or one or more uses of such stolen information to establish or use a deposit, credit or other Account, secure a loan, enter into a contract or commit a crime. Stolen Identity Event shall not include the fraudulent use of an Insured's Business name, or any other method of identifying any Business activity of an Insured.
U. Suit means a civil proceeding seeking money damages that is commenced by the service of a complaint or similar proceeding.
V. Termination Date means the earlier of the date an Insured ceases to be enrolled in a LifeLock Membership Program or the cancellation or termination of the Policy.
W. Unauthorized Computer Access means the gaining of access to a Computer System by an authorized person(s) or by an authorized person(s) in an unauthorized manner. Unauthorized Computer Access does not include Computer Attack.
X. Unauthorized Computer Use means the use of a Computer System by an unauthorized person(s) or by an authorized person(s) in an unauthorized manner. Unauthorized Computer Use shall also include Computer Attack.
Y. Unauthorized Funds Transfer means a Funds Transfer from an Insured's Account initiated by a person other than the Insured without the actual authority to initiate the transfer and from which the Insured receives no benefit. An Unauthorized Funds Transfer does not include: an electronic funds transfer initiated: (i) by a person who was furnished with an Access Device to the Insured's Account by the Insured, unless the Insured has notified the Financial Institution holding the Account that such person is no longer authorized to access the Account, (ii) with fraudulent intent by the Insured or any person acting in concert with the Insured, (iii) or by a Financial Institution or its employee(s). Unauthorized Funds Transfer is limited to withdrawals from, deposits to, or utilization of any U.S. regulated and domiciled bank account, brokerage account, savings account, credit/debit card account, or store charge card account.
The benefits provided by this Policy are not subject to a deductible.
VIII. COMMON POLICY CONDITIONS
A. CANCELLATION, TERMINATION AND NONRENWAL
1. This Policy shall terminate on the date specified in the Declarations Page or, in the event of cancellation or nonrenewal of this Policy, then the date specified in such notice of cancellation or nonrenewal. There shall be no coverage for any Stolen Identity Event or Loss occurring after the effective date and time of such expiration, cancellation or nonrenewal. Termination of this Policy shall not reduce any time periods during which the Insured must report a Stolen Identity Event or Unauthorized Funds Transfer or send us a signed, sworn proof of Loss or affidavit containing the information we request to investigate a claim.
2. If this Policy has been in effect for sixty days, or immediately upon renewal, we will only cancel the Policy in the following circumstances:a. Nonpayment of Premiumb. Any of the following grounds, as stated in this Policy:i. Conviction of the Insured of a crime arising out of acts increasing the hazard insurance against.ii. Acts or omissions by the Insured or his representative constituting fraud or material misrepresentation in obtaining the policy, in continuing the policy or in presenting a claim under the Policy.iii. A substantial change in the risk assumed, except to the extent that the insurer should reasonably have foreseen the change or contemplated the risk in writing the Policy.iv. A substantial breach of contractual duties or conditions.v. Loss of reinsurance applicable to the risk insured against, but only if the absence of reinsurance has resulted from termination of treaty or facultative reinsurance initiated or implemented by the reinsurer or reinsurers of State National.vi. A determination by the director of insurance that the continuation of the Policy would place State National in violation of the insurance laws of this state or would jeopardize the solvency of State National.vii. Acts or omissions by the Insured or his representative which materially increase the hazard insured against.3. No cancellation under this Section is effective unless we mail a copy of the notice of cancellation to LifeLock as the Master Policyholder and written notice of the cancellation is mailed by certified mail to LifeLock as the Master Policyholder at the address shown in the Policy or to the last known address of LifeLock as the Master Policyholder at least forty-five days before the effective date of the cancellation, except that, if cancellation is for nonpayment of premium, at least ten days' notice of cancellation will be given. The notice must state the specific facts which constitute the grounds for cancellation. Any notice of cancellation will be accompanied by a refund of unearned premium.4. There shall be no liability on the part of and no cause of action of any nature against us or our authorized representatives, agents or employees, or any licensed insurance producer, for any statement made, unless shown to have been made in bad faith with malice, in any of the following:a. A written notice of cancellation or in any other oral or written communication specifying the reasons for cancellation.b. A communication providing information pertaining to such cancellation.c. Evidence submitted at any court proceeding or informal inquiry in which such cancellation is an issue.5. We may elect to nonrenew this Policy by mailing a copy of the notice of nonrenewal to LifeLock as the Master Policyholder by certified mail at the address shown in the Declarations Page of the Policy or to the last known address of LifeLock as the Master Policyholder, at least forty-five days before the end of the Policy period, of our intention not to renew the Policy. The transfer of an Insured between companies within the same insurance group or changes in deductibles, premium, amount of insurance or coverage are not refusals to renew. Notice of our intent to not renew the Policy is not required if:a. We have offered to issue a renewal policy.b. LifeLock as the Master Policyholder has obtained replacement coverage or has agreed in writing to obtain replacement coverage.If we provide notice of our intention not to renew the Policy and we subsequently extend the Policy for ninety days at the request of LifeLock as the Master Policyholder, an additional notice of nonrenewal is not required with respect to the extension of the Policy. If we mail the notice of nonrenewal less than forty-five days before expiration of the Policy, coverage under this Policy shall remain in effect until forty-five days after the notice is mailed. Earned premium for any period of coverage that extends beyond the expiration date of the Policy shall be considered pro rata based upon the previous year's rate.
6. We shall mail or deliver to LifeLock as the Master Policyholder at the mailing address shown in the Declarations Page of the Policy written notice of premium increase, change in deductible or reduction in limits or substantial reduction in coverage at least thirty days before the expiration date of this Policy. If we fail to provide the thirty days' notice, the coverage provided to LifeLock as the Master Policyholder remains in effect until notice is given or until the effective date of replacement coverage obtained by the named insured, whichever occurs first. Notice is considered given thirty days following the date of mailing or delivery of the notice. If LifeLock as the Master Policyholder elects not to renew, any earned premium for the period of extension of the terminated Policy shall be calculated pro rata at the lower of the current or previous year's rate. If LifeLock as the Master Policyholder accepts the renewal, the premium increase, if any, and other changes are effective the day following the prior policy's expiration or anniversary date. For purposes of this Section VIII.A.6, notice shall be considered given we deliver new Policy terms and conditions thirty days before the expiration date of the Policy.
7. Proof of mailing any notice of cancellation, notice of nonrenewal, or notice of premium or coverage changes to LifeLock as the Master Policyholder at the address shown in the Declarations Page for the Policy is sufficient proof of notice.
8. For the purposes of this Section VIII.A, the following terms shall have the following meanings:a. “Cancellation” means termination of the Policy at a date other than its expiration date.b. “Expiration date” means the date on which coverage under the Policy ends as set forth in the Policy.c. “Nonpayment of premium” means the failure or inability of the LifeLock as the Master Policyholder to discharge any obligation in connection with the payment of premiums on the Policy, whether payable directly to us or our agent.d. “Nonrenewal” means termination of the Policy at its expiration date.e. “Renewal” or “to renew” means the issuance of or our offer to issue or the issuance of a certificate or notice extending the term of the Policy for a specified period beyond the Policy's expiration date.
This Policy contains all the agreements between you and us concerning the insurance afforded. This Policy's terms can be amended or waived only by an endorsement issued by us and made a part of this Policy.
C. COVERAGE TERRITORY
Subject to its terms, condition and exclusions, this Policy applies to a Stolen Identity Event or Unauthorized Funds Transfer occurring anywhere in the world, but we shall only pay for Loss incurred in the United States or a branch or office abroad of a United States regulated Financial Institution.
D. LEGAL ACTION AGAINST US
No legal action may be brought or made against us under this Policy unless:1. There has been full compliance with all the terms of this Policy; and2. The action is brought within two (2) years and a day after the date on which a Stolen Identity Event or Unauthorized Funds Transfer is first discovered by the Insured.
E. VENUE AND CHOICE OF LAW
Any dispute arising out of this Policy, or with respect to the application of or the interpretation of this Policy, shall be governed by the laws of the state of Arizona, without giving effect to the principles of conflict of laws.
State National and the Insured further agree that, in the event either party commences an action against the other arising out of a dispute under this Policy, such action may only be filed in the state courts in Arizona or in the federal courts located in the state of Arizona.
F. CONCEALMENT, MISREPRESENTATION OR FRAUD
This Policy shall be void if you intentionally conceal or misrepresent a material fact concerning this Policy.
The bankruptcy or insolvency of the Insured or the Insured's estate shall not relieve us of any obligation under this Policy.
H. DUPLICATE COVERAGES
If two or more of this Policy's Coverages apply to the same Loss, we will not pay more than the actual amount of any Loss.
I. OTHER INSURANCE
The benefits provided under this Policy are in excess of your existing insurance and other benefits, if any. If there is any other valid benefit or insurance which would otherwise apply in the absence of this Policy, benefits under this Policy shall be available only to the extent that any Loss is not covered by such other insurance or other benefits. In no event will we pay more than the actual amount of Loss.
J. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY
Your rights and duties under this Policy may not be transferred without our written consent except in the case of death or incapacity of an individual named insured.
If you die or become incapacitated, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will assume your rights and duties under this Policy, but only with respect to the property in such person's possession.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
STOLEN IDENTITY EVENT INSURANCE
AMENDMENT OF POLICY PROVISIONS – NEW YORK
SECTION I – INSURING AGREEMENT
Section I, D. has been replaced in its entirety by the following:D. Childcare and Elderly Care. The cost to the Insured or the Insured's authorized representative, holding a power of attorney or guardianship appointment to act on the Insured's behalf, of providing additional childcare or care of elderly relatives for which the Insured (or the Insured's authorized representative holding a power of attorney or guardianship appointment to act on the Insured's behalf) is directly responsible while having to travel to replace documents, attend government departments or legal representatives, or rectify records as a result of a Stolen Identity Event. Childcare and Elderly Care must be provided by a professional care provider, who is not a relative of the insured.
SECTION VI – DEFINITIONS
The following additional definitions shall apply for purposes of this Policy.
Z. Remediation Services Costs. The amount of reasonable and necessary expenses paid to investigators and other third-party business providers that are retained by LifeLock and involved in any services that are reasonably necessary, viewed in the context of LifeLock's business and Membership Programs, to restore the good name and identity of the Insured, or to recover Losses of the Insured in accordance with any Membership Program.
AA. Case Management Services Costs. The amount of reasonable and necessary expenses paid to a third-party case management service provider retained by LifeLock as a result of a Stolen Identity Event, subject to the Limits of Insurance as provided in Section III of this Policy.
SECTION VIII – COMMON POLICY CONDITIONS
Section A., CANCELLATION, TERMINATION AND NONRENEWAL is replaced by the following for Insureds who reside in the state of New York:
A. CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL
1. This Policy shall terminate on the date specified in the Declarations Page or, in the event of cancellation or nonrenewal of this Policy, then the date specified in such notice of cancellation or nonrenewal. There shall be no coverage for any Stolen Identity Event or Loss occurring after the effective date and time of such termination, cancellation or nonrenewal of the Policy. Termination of this Policy shall not reduce any time periods during which the Insured must report a Stolen Identity Event or Unauthorized Funds Transfer or send us a signed, sworn proof of Loss or affidavit containing the information we request to investigate a claim.
2. We will only cancel, nonrenew or conditionally renew the Policy in the following circumstances:a. Nonpayment of Premium provided, however, that a notice of cancellation on this ground shall inform the Insured of the amount due;b. Conviction of a crime arising out of acts increasing the hazard insured against;c. Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;d. After issuance of the Policy or after the last renewal date, discovery of an act or omission, or a violation of any Policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current policy period;e. A determination by the Superintendent of Insurance that continuation of our present volume of business would jeopardize our solvency or be hazardous to the interests of our policyholders, our creditors, or the public; orf. A determination by the Superintendent of Insurance that the continuation of the Policy would violate, or would place us in violation of, any provision of New York's Insurance laws.
Notwithstanding the foregoing, any act or omission by an Insured other than LifeLock that would give us the right to cancel, nonrenew or conditionally renew the coverage for that Insured shall not constitute the basis for cancellation, nonrenewal or conditional renewal of the Policy with respect to all Insureds hereunder.
3. Cancellation, nonrenewal or conditional renewal of the Policy under this Section shall not become effective until at least forty-five days, or twenty days if based upon nonpayment of Premium, after we mail or deliver written notice of the cancellation, nonrenewal or conditional renewal to LifeLock at the mailing address shown in the Policy and to affected Insureds under the Policy at each Insured's last known address. If so authorized by us pursuant to a written agreement, LifeLock may mail or deliver any such notice to Insureds on our behalf. Each and every notice of cancellation, nonrenewal or conditional renewal shall set forth the specific reason for the cancellation, nonrenewal or conditional renewal.
If, prior to the effective date of cancellation, nonrenewal or conditional renewal of the Policy, whether initiated by us or LifeLock, an Insured suffers a Loss resulting from a Stolen Identity Event, the Loss shall remain covered in accordance with the Coverage provided under the Policy, notwithstanding the cancellation, nonrenewal or conditional renewal.
4. LifeLock may cancel the Policy for any reason upon thirty days written notice to us and each Insured under the Policy. Such notice shall not be required to be given to Insureds if substantially similar coverage has been obtained from another insurer without a lapse in coverage.
5. Coverage for an individual Insured under the Policy shall terminate upon termination of the Insured's enrollment in a Membership Program.
Section E., VENUE AND CHOICE OF LAW is replaced by the following for LifeLock members who reside in the state of New York:
E. VENUE AND CHOICE OF LAW
Any dispute arising out of this Policy, or with respect to the application of or the interpretation of this Policy, shall be governed by the laws of the state of New York, without giving effect to the principles of conflict of laws.
We and Insured further agree that, in the event either party commences an action against the other arising out of a dispute under this Policy, such action may only be filed in the state courts in New York or in the federal courts located in the state of New York.
All other Policy provisions apply.