The Master Policy to which this Evidence of Coverage applies is registered and delivered as a surplus line coverage under the Insurance Code of Washington, title 48 RCW. It is not protected by any Washington State guaranty association law. The broker that procured the Master Policy is Lloyd Guidry, 9595 Six Pines Drive, Suite 8210, The Woodlands, TX, 77380.
This Evidence of Coverage is provided to inform you that as a customer of LifeLock who is enrolled in a LifeLock Identity Theft Protection Program that includes identity theft insurance (each a “Membership Program”), you are entitled to certain benefits under the Master Policy, as referenced below. This Evidence of Coverage does not state all the terms, conditions, and exclusions of the Master Policy. Your benefits will be subject to all of the terms, conditions, and exclusions of the Master Policy, even if they are not mentioned in this Evidence of Coverage, and the limit of benefits for the Membership Program for which you have subscribed. Your entitlement to benefits under the Master Policy will terminate upon termination of your enrollment in any LifeLock Membership Program. A complete copy of the Master Policy will be provided to you upon request.
The chart below identifies the benefit limits available for each type of Loss covered under the Master 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 Basic LifeLock Command Center LifeLock Ultimate LifeLock Junior LifeLock for Minors LifeLock Data Breach Service||LifeLock Standard||LifeLock Advantage, LifeLock Senior||LifeLock Ultimate Plus||LifeLock Benefit Elite|
|(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||Up to $4,000 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||Up to $5,000 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||Up to $400/day for a maximum benefit period of up to one month, not to exceed $12,000 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)||Up to $2,500 total per event (maximum of $500 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||Up to $400/day for a maximum benefit period of up to one month, not to exceed $12,000 per Stolen Identity Event|
|(F) Travel Assistance||Not included||Not included||Not included||Not included||Up to $5,000 per Stolen Identity Event|
|(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**||Up to $50,000 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||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 Evidence of Coverage, 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 United Specialty Insurance Company, the insurance company issuing the Master 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 the Master 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, 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 legally enforced liability of an Insured for a Stolen Funds Loss incurred 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 on behalf of 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.
The Master Policy does not cover 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 you 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, Military Action or Terrorism
1. Any Loss caused directly or indirectly by an Act of war, including undeclared or civil war; or warlike action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents. War includes insurrection, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion, invasion, hostilities and warlike operations or mutiny.
2. Any Loss caused directly or indirectly by an Act of terrorism, including any action taken in hindering or defending against an actual or expected incident of terrorism, regardless of any other cause or event that contributes concurrently or any sequence to the Loss. Terrorism includes the actual or threatened: use of force or violence against person or property, commission of an act to human life or property, and commission of an act, including a cyber-security 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:
a. 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;
b. 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
c. 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.
However, with respect to “terrorism,” this exclusion only applies if one or more of the following are attributable to an incident of “terrorism”:
(i) The total of insured damage to all types of property exceeds $100,000,000.00 in calendar year 2015, $120,000,000 in calendar year 2016 and $140,000,000 in calendar year 2017. In determining whether the calendar year insured damage threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the “terrorism.” For the purposes of this provision, “insured damage” means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions.
(ii) Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, “serious physical injury” means:
(A) Physical injury that involves a substantial risk of death;
(B) Protracted and obvious physical disfigurement; and
(C) Protracted loss of or impairment of the function of a bodily member or appendage.
(iii) The “terrorism” involves the use, release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination.
(iv) The “terrorism” is carried out by means of the dispersal or application of pathogenic poisonous biological or chemical materials.
(v) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the “terrorism” was to release such materials.
Paragraphs (i) and (ii), immediately preceding, describe the thresholds used to measure the magnitude of an incident of “terrorism” and the circumstances under which the threshold will apply for the purpose of determining whether the terrorism exclusion applies to an incident of “terrorism,” and in such case, there shall be no coverage under this Policy. Multiple acts of “terrorism” which occur within a seventy-two (72) hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.
In the event of any event of “terrorism” that is not subject to the terrorism exclusion, coverage does not apply to any Loss that is otherwise excluded under this Policy.
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
The Master 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
The Master 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(G) of the Master 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.
H. Losses Not Reported Within Ninety (90) Days
The Master 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 the Master 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 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.
III. LIMITS OF INSURANCE/LIABILITY
The amounts identified in the chart above in this Evidence of Coverage 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 Master Policy period. The benefit limits to which each Insured is entitled under the Master Policy will depend on the LifeLock Membership Program in which the Member is enrolled.
Premiums for coverage afforded by the Master Policy are paid by LifeLock.
V. OBLIGATIONS OF THE INSURED
As a condition precedent to coverage under the Master 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 the Master 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;
· 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 the Master Policy.
A. 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.
B. 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 Retirement Account held in the name of the Member, or the Member’s authorized representative.
C. Business means any employment, trade, profession or occupation.
D. Commencement Date means the date on which you become covered under the Master Policy, which date shall be (i) for Members enrolled on or after December 1, 2015: the later of December 1, 2015 or the date of enrollment; or (ii) for Members enrolled on or before November 30, 2015: February 15, 2016.
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 your 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 the Master Policy.
H. 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.
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 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 U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia to issue a tax refund by pre-paid debit card, check or any other means.
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. Insured also means the parent or legal guardian of a Minor Member.
K. Insurer means United Specialty 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 occurrence of any of the benefits described in Section I above, which mirror Section I of the Master Policy, and includes Losses incurred by a parent or guardian on behalf of a Minor Member as a result of a Stolen Identity Event.
O. Master Policyholder means LifeLock, Inc.
P. Member means a person who is enrolled in a Membership Program.
Q. Minor Member means a minor child or minor dependent of a Member, which minor child or minor dependent is enrolled in a Membership Program
R. Membership Program means 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®, and LifeLock Elite®.
S. Policy means the Master Policy, together with any attachments, endorsements, exhibits and appendices thereto, as well as any evidence of coverage provided to an Insured.
T. Retirement Account means a defined contribution retirement savings 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, and includes plans established pursuant to sections 401(k), 403(b), and 457 of the Internal Revenue Code, as well as Thrift Savings Plans.
U. Stolen Funds Loss means the principal amount, 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 received reimbursement from any other source, 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, any amount for which the Insured is eligible to receive reimbursement from any other source or any amount for which the Insured would have been eligible to receive reimbursement from any other source but for the existence of the Insured’s coverage under this Policy. For purposes of fraudulent tax refunds, Stolen Funds Loss shall not include any amount for which the Insured did not seek reimbursement from the U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia.
V. 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 U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia 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.
W. Suit means a civil proceeding seeking money damages that is commenced by the service of a complaint or similar proceeding.
X. Termination Date means the earlier of the date you cease to be enrolled in a LifeLock Membership Program or the date the Master Policy is cancelled or terminates.
Y. 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.
Z. 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.
AA. 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 U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia. 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).
The benefits provided by the Master Policy are not subject to a deductible.
VIII. COMMON POLICY CONDITIONS
A. CANCELLATION, TERMINATION AND NONRENEWAL
1. The Master Policy shall terminate on the date specified in the Declarations Page or, in the event of cancellation or nonrenewal of the Master 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 the Master 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 shall mail or deliver to LifeLock as the Master Policyholder at the mailing address shown in the Declarations Page of the Master 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 the Master 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 LifeLock as the Master Policyholder, 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 if we deliver new Policy terms and conditions thirty days before the expiration date of the Master Policy.
3. Coverage for an individual Insured under the Policy shall terminate upon termination of the Insured’s enrollment in a Membership Program.
The Master Policy contains all the agreements between you and us concerning the insurance afforded. The Master Policy’s terms can be amended or waived only by an endorsement issued by us and made a part of the Master Policy.
C. COVERAGE TERRITORY
Subject to its terms, conditions and exclusions, the Master 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 the Master Policy unless:
1. There has been full compliance with all the terms of the Master Policy; and
2. 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.
E. VENUE AND CHOICE OF LAW
Any dispute arising out of the Master Policy, or with respect to the application of or the interpretation of the Master Policy, shall be governed by the laws of the state of Arizona, without giving effect to the principles of conflict of laws.
United Specialty and you further agree that, in the event either party commences an action against the other arising out of a dispute under the Master 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
Your coverage under the Master Policy shall be void if you intentionally conceal or misrepresent a material fact concerning the Master Policy.
Your bankruptcy or insolvency or your estate shall not relieve us of any obligation under the Master Policy.
H. DUPLICATE COVERAGES
If two or more of the Master Policy’s Benefits 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, whether primary, excess, contingent or on any other basis, including any right to receive reimbursement for a Stolen Funds Loss from the financial or credit institution holding the Account from which funds were stolen, or from any other source, or, for fraudulent tax refunds, from the U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia. If there is any other valid benefit, insurance or right to recovery 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; but in no event shall we pay for any Stolen Funds Loss if such other insurance or benefit is denied due to the existence of the Insured’s coverage under this Policy. In no event will we pay more than the actual amount of Loss.
J. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THE MASTER POLICY
Your rights and duties under the Master 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 the Master Policy, but only with respect to the property in such person’s possession.