Section I(A)(5) has been replaced in its entirety by the following:
5. 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, to visit a governmental agency or department of the United States, or of any state or territory of the United States or any political subdivision thereof, to 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 II – EXCLUSIONS
Section II, Exclusions, has been modified by removing subsection D, Radioactive Contamination Exclusion Clause – Physical Damage. This exclusion does not apply in the State of New York.
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 who are retained by LifeLock and provide 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 or incurred directly by LifeLock, on behalf of its Member, 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 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; or,
f. 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 Code.
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 of the Policy under this Section shall not become effective:
a. For policies in effect sixty (60) days or less, until at least forty-five (45) days, or twenty (20) days if based upon nonpayment of Premium; or
b. For policies in effect for more than sixty (60) days, until at least forty-five (45) days, or fifteen (15) days if based upon nonpayment of Premium,
after we mail or deliver written notice of the cancellation to LifeLock at the mailing address shown on the Declarations page 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. Nonrenewal or conditional renewal of the Policy shall not become effective until sixty days after we mail or deliver written notice of the nonrenewal or conditional renewal to LifeLock at the mailing address shown on the Declarations page.
6. We may elect to nonrenew or issue a conditional renewal of the Policy by mailing a copy of the notice of nonrenewal or conditional renewal to LifeLock as the Master Policyholder and to its authorized broker by certified mail to the address shown on the Declarations Page of the Policy, at least sixty days, but no more than one hundred twenty days, before the end of the Policy period.
7. Notice of our intent to nonrenew the Policy is not required if:
a. We have offered to issue a renewal policy; or,
b. LifeLock as the Master Policyholder has obtained replacement coverage or has agreed in writing to obtain replacement coverage.
8. If we mail a notice of nonrenewal less than sixty (60) days before the expiration of the Policy, coverage under this Policy shall remain in effect until sixty days after the notice was mailed.
9. We shall mail a notice of conditional renewal of the Policy in the event of any of the following conditions:
a. A change of Policy limits;
b. A premium increase in excess of 10%;
c. A change in the type of coverage;
d. A reduction of coverage;
e. An increase in the Policy's deductible; or,
f. The addition of one or more exclusions.
10. If we provide LifeLock as the Master Policyholder with an incomplete or late conditional renewal or nonrenewal notice, the coverage provided under the Policy shall remain in effect until a full and complete notice is given or until the effective date of any replacement coverage obtained by LifeLock as the Master Policyholder, whichever comes first. If we extend coverage beyond the expiration of the Policy pursuant to this subsection or subsection (8) above, the aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided.
11. A conditional renewal shall be deemed effective sixty days following the date of mailing or the delivery of the notice.
12. 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.