This Policy is provided to you as a customer of LifeLock who is enrolled in a LifeLock Identity Theft Protection Program that includes identity theft insurance (each a "Membership Program"). Your benefits will be subject to all of the terms, conditions, and exclusions of this Policy and the limit of benefits for the Membership Program for which you have subscribed, as explained below. Your entitlement to benefits under this Policy will automatically terminate upon termination of your enrollment in any LifeLock Membership Program.
The chart below identifies the benefit limits available for each type of Loss covered under this Policy for each Membership Program offered by LifeLock. You will be eligible to receive benefits up to the maximum benefits for the covered Losses listed under the specific LifeLock Membership Program for which you have subscribed.
LifeLock Command Center
LifeLock for Minors
LifeLock Data Breach Service
|LifeLock Standard||LifeLock Advantage||LifeLock Ultimate Plus|
|(A) Document Replacement Costs||Up to $2,000 per Stolen Identity Event||Up to $2,000 per Stolen Identity Event||Up to $2,250 per Stolen Identity Event||Up to $3,000 per Stolen Identity Event|
|(B) Travelling Expenses||Up to $2,500 per Stolen Identity Event||Up to $2,500 per Stolen Identity Event||Up to $2,750 per Stolen Identity Event||Up to $3,500 per Stolen Identity Event|
|(C) Loss of Income||Up to $200/day for a maximum benefit period of up to one month, not to exceed $6,000 per Stolen Identity Event||Up to $200/day for a maximum benefit period of up to one month, not to exceed $6,000 per Stolen Identity Event||Up to $225/day for a maximum benefit period of up to one month, not to exceed $6,750 per Stolen Identity Event||Up to $300/day for a maximum benefit period of up to one month, not to exceed $9,000 per Stolen Identity Event|
|(D) Stolen Handbag, Purse or Wallet||Not Included||Up to $250 total per event (maximum of $100 for replacement of stolen cash)||Up to $500 total per event (maximum of $150 for replacement of stolen cash)||Up to $1,000 total per event (maximum of $300 for replacement of stolen cash)|
|(E) Child/Elderly Care||Up to $200/day for a maximum benefit period of up to one month, not to exceed $6,000 per Stolen Identity Event||Up to $225/day for a maximum benefit period of up to one month, not to exceed $6,750 per Stolen Identity Event||Up to $300/day for a maximum benefit period of up to one month, not to exceed $9,000 per Stolen Identity Event|
|(F) Travel Assistance||Not included||Not included||Not included||Not included|
|(G) Fraudulent Withdrawals||Up to $10,000 for all fraudulent withdrawals resulting from any one Stolen Identity Event*||Up to $10,000 for all fraudulent withdrawals resulting from any one Stolen Identity Event*||Up to $15,000 for all fraudulent withdrawals resulting from any one Stolen Identity Event*||Up to $25,000 for all fraudulent withdrawals resulting from any one Stolen Identity Event**|
|(H)(I)(J) Legal, Remediation Service and Case Management Costs||Up to a total of $1,000,000 per each Stolen Identity Event||Up to a total of $1,000,000 per each Stolen Identity Event||Up to a total of $1,000,000 per each Stolen Identity Event||Up to a total of $1,000,000 per each Stolen Identity Event|
*Fraudulent Withdrawals coverage does not include 401(K) Accounts.
**Fraudulent Withdrawals coverage includes 401(K) Accounts.
Throughout this Policy, the words "you" and "your" refer to any person enrolled in one of LifeLock’s Membership Programs. The words "we," "us," and "our" refer to State National Insurance Company, the insurance company issuing this Policy.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI - DEFINITIONS.
If you have been a victim of a Stolen Identity Event covered by this Policy, the following benefits are provided:
A. Replacement of Documents. The actual cost 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, 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; and the actual costs 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 connection with obtaining police reports at LifeLock’s request as a result of a Stolen Identity Event. Any fees for notarization of documents, charges for sending documents via facsimile, and fees for making photocopies and postage, which are incurred by the Insured at LifeLock’s request, are included within this coverage.
B. Traveling Expenses. The reasonable additional expenses (including, but not limited to, gas, parking, airline tickets and/or rental car expenses) 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 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, 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 for partial or whole days of work, 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. Stolen Handbag, Purse or Wallet. The cost of replacing the Insured’s stolen handbag, purse, wallet, and/or similar container for the purpose of carrying small personal items, identifying documents and cash, as well as the cash contained therein, as a result of a Stolen Identity Event. No coverage for Losses pursuant to this subsection (D) will be afforded unless the theft is reported to law enforcement within twenty-four (24) hours of the incident. Replacement of cash pursuant to this subsection (D) is subject to the separate limits identified in the chart above.
E. 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, or rectify records as a result of a Stolen Identity Event.
F. Travel Assistance. The reasonable additional expenses incurred by the Insured as a result of a Stolen Identity Event in obtaining duplicate, replacement or new travel documents (including but not limited to passports, government issued personal identification cards, and airline tickets), as well as additional travel and lodging expenses which are reasonably required to enable the Insured to return to his or her permanent residence.
G. Fraudulent Withdrawals. The cost to the Insured of a Stolen Funds Loss as a direct result of a Stolen Identity Event.
H. 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.
I. 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.
J. 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.
This Policy does not cover any Loss caused directly or indirectly by any of the following.
- Dishonest Acts
Any dishonest, criminal, malicious or fraudulent acts if you willingly participated in or directed such acts.
- 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.
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.
- 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.
- Political Risk, Financial Guarantee & Risk Exclusion
This Policy excludes any Loss or liability arising from the following:
- 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.
- Failure to or delay in delivery or supply of any form of property whatsoever, unless as a direct result of physical damage.
- Any form of financial guarantee, surety or credit indemnity.
- Fraudulent Withdrawals by Immediate Family Members
Benefits under section I(G) 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 yours 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 your spouse (or analogous domestic partner recognized by law, such as a civil union), your child, or child of your spouse at the time of the Unauthorized Funds Transfer; (b) the foregoing exclusion and limitation is not applicable as long as you file 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 you.
- 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:
- Business Professional Services
Any Business activity, including without limitation, any Loss connected to an Account used for Business purposes.
- Public Authority
Any Loss resulting from or arising out of the destruction, confiscation or seizure by order of any government or public authority.
- Voluntary Disclosure
Voluntary disclosure of any code or other security information which can be used to gain access to one of your Accounts 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 one of your Accounts when you are or were under duress or when you were a victim of fraud.
- Business Professional Services
III. LIMITS OF INSURANCE/LIABILITY
The amounts identified in the chart above in this Policy represent the maximum amounts, in United States Dollars, we will pay you or a third party on your behalf in connection with each Loss that is discovered during the Policy period. The benefit limits to which you are entitled under this Policy will depend on the LifeLock Membership Program in which you are enrolled.
Premiums for coverage afforded by this Policy are included in the monthly membership fees you pay to LifeLock.
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.
- 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.
- 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:
- 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;
- 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.
- 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;
- 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.
- 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;
- 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.
- Access Device means a card, code or other means of access to an Account of yours, or any combination thereof, that may be used by you to initiate a Funds Transfer.
- Account means a U.S. regulated and domiciled 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. For certain Membership Programs, “Account” also includes a 401(k) held in the name of the Member, or the Member’s authorized representative.
- Business means any employment, trade, profession or occupation.
- Commencement Date means the date on which you become covered under this Policy, which date shall be the later of March 31, 2015, or the date on which you become enrolled in a LifeLock Membership Program.
- 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 your identity information.
- 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.
- Declarations Page means the Declarations Page dated as of the date hereof and comprising a part of this Policy.
- Financial Institution means a bank, savings, association, credit union, credit institution or company issuing credit, or any other person or entity that directly or indirectly holds an Account belonging to an Insured.
- 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 your 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. Funds Transfer shall also include directing the Internal Revenue Service or the taxing authority of a U.S. state to issue a tax refund by pre-paid debit card, check or any other means.
- 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. Insured also means the parent or legal guardian of a Minor Member.
- Insurer means State National Insurance Company.
- Internet means the worldwide public network of computers as it currently exists or may be manifested in the future.
- LifeLock means LifeLock, Inc.
- Loss means occurrence of any of the benefits described in Section I above and includes Losses incurred by a parent or guardian on behalf of a Minor Member as a result of a Stolen Identity Event.
- Member means a person who is enrolled in a Membership Program.
- Minor Member means a minor child or minor dependent of a Member, which minor child or minor dependent is enrolled in a Membership Program
- Membership Program ans those plans and programs offered by LifeLock to its Members both presently and in the future, including without limitation: LifeLock® Standard, LifeLock Advantage®, LifeLock Ultimate Plus®.
- Policy means this Policy, together with any attachments, endorsements, exhibits and appendices hereto, as well as any evidence of coverage provided to an Insured.
- Stolen Funds Loss means the principal amount of funds, exclusive of interest and fees, incurred by the Insured and caused by an Unauthorized Funds 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, or for purposes of fraudulent tax refunds, from the Internal Revenue Service or the taxing authority of a U.S. state. Furthermore, Stolen Funds Loss shall not include any amount for which the Insured received reimbursement from any source. Stolen Funds Loss shall not include loss of any equities or securities.
- 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 the personal information of an Insured or Minor Member, including without limitation, the Insured’s or Minor Member’s personal identification, social security number, or other method of identifying the Insured or Minor Member, or one or more uses of such stolen information to establish or use a deposit, credit or other Account, secure a loan, secure or obtain a tax refund from the Internal Revenue Service or the taxing authority of a U.S. state through the filing of a fraudulent tax return, 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.
- Suit means a civil proceeding seeking money damages that is commenced by the service of a complaint or similar proceeding.
- Termination Date means the earlier of the date you cease to be enrolled in a LifeLock Membership Program or the date this Policy is cancelled or terminates.
- Unauthorized Computer Access means the gaining of access to a Computer System by an unauthorized person(s) or by an authorized person(s) in an unauthorized manner. Unauthorized Computer Access does not include Computer Attack.
- 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.
- 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 shall also include a Funds Transfer that consists of a tax refund obtained or secured by the filing of a fraudulent tax return with the Internal Revenue Service or the taxing authority of a U.S. state. 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).
- 401(k) means a qualified deferred compensation plan in which an employee can elect to have the employer contribute a portion of his or her cash wages to the plan on a pre-tax basis pursuant to subsection 401(k) of the Internal Revenue Code.
The benefits provided by this Policy are not subject to a deductible.
VIII. COMMON POLICY CONDITIONS
- CANCELLATION, TERMINATION AN NONRENEWAL
- This Policy shall terminate on the date specified in the Declarations Page, or, in the event of cancellation or nonrenewal, then the date specified in such notice. Alternatively, in the event you cancel your subscription to a Membership Program before the termination date specified in the Declarations Page or in any notice of cancellation or nonrenewal received from us, then your coverage under this Policy shall terminate on the date your Membership Program enrollment terminates. There shall be no coverage for any Stolen Identity Event or Loss occurring after the effective date and time of termination, cancellation or nonrenewal. Termination of this Policy shall not reduce any time periods during which you 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.
- In the event we elect to cancel this Policy, we shall mail you a notice of cancellation at the address listed on the Declarations Page that includes the reason(s) for the cancellation at least forty-five days prior to the effective date of the cancellation. Notwithstanding the foregoing, if cancellation is due to non-payment of premiums, we shall mail you notice of cancellation at least ten days prior to the effective date.
- In the event we elect to nonrenew this Policy, we shall mail you a notice of nonrenewal at the address listed on the Declarations Page that includes the reason(s) for the nonrenewal at least forty-five days prior to the effective date of the nonrenewal.
- We shall mail or deliver to you at the mailing address shown in the Declarations Page of this 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 under this Policy remains in effect until notice is given or until the effective date of replacement coverage, whichever occurs first. Notice is considered given thirty days following the date of mailing or delivery of the notice. For purposes of this Section VIII.A.4, notice shall be considered given if we deliver new Policy terms and conditions thirty days before the expiration date of this Policy.
- In the event you elect to cancel this Policy by canceling your enrollment in a Membership Program, all premiums paid to us shall be deemed fully earned. In the event we elect to cancel this Policy, we shall refund to you any unearned premiums, calculated using a pro rata table based on the number of days this Policy was in effect. Notwithstanding the foregoing, if the amount of unearned premiums is less than $2.00, we shall not be required to refund any unearned premiums to you.
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.
- COVERAGE TERRITORY
Subject to its terms, conditions 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.
- LEGAL ACTION AGAINST US
No legal action may be brought or made against us under this Policy unless:
- There has been full compliance with all the terms of this Policy; and
- 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 you.
- 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 Washington, without giving effect to the principles of conflict of laws.
State National and you 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 Washington or in the federal courts located in the state of Washington.
- CONCEALMENT, MISREPRESENTATION OR FRAUD
Your coverage under this Policy shall be void if you intentionally conceal or misrepresent a material fact concerning this Policy.
Your bankruptcy or insolvency or your estate shall not relieve us of any obligation under this Policy.
- DUPLICATE COVERAGES
If two or more of this Policy’s Benefits apply to the same Loss, we will not pay more than the actual amount of any Loss.
- 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.
- 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.