STOLEN IDENTITY EVENT INSURANCE
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine LifeLock (as Master Policyholder) and individual Insureds’ rights and duties and what is and is not covered. An Insured may not be eligible for all coverages or the maximum benefit limits contained in this Policy. The types of coverage and benefit amounts to which an insured is entitled under this Policy will depend upon the Membership Program in which the insured is enrolled.
Other words and phrases that appear in quotation marks or in capital letters have special meaning. Refer to Section VI - DEFINITIONS.
I. INSURING AGREEMENT
If the Insured, or the child or dependent of the Insured who is a Minor Member, has been a victim of a Stolen Identity Event which results in a Loss, or solely with respect to item (I)(A)(4) below, a victim of theft of a handbag, purse or wallet, the coverages described below are provided.
A. Reimbursement Coverages
1. 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 direct 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, telephone charges, 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.
2. 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 direct result of a Stolen Identity Event.
3. 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 replace, amend or rectify records relating to the Insured’s true name or identity as a direct result of a Stolen Identity Event. Actual lost income 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 income lost within 6 months after the Insured’s discovery of a Stolen Identity Event.
4. 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, provided that:
(i) the theft included several credit cards or other personal information of the insured;
(ii) the theft occurs after the Commencement Date and before the Termination Date;
(iii) the theft is reported to law enforcement authorities within twenty-four (24) hours of the incident; and
(iv) this benefit is not recoverable under any other insurance including but not limited to homeowners or renters insurance.
Replacement of cash pursuant to this subsection (I)(A)(4) is subject to the separate limits identified in Appendix A. Replacement will be limited to only the face value of any stolen currency. Gift cards, promotional cards, or other prepaid payment devices and their value are expressly excluded from coverage.
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 direct result of a Stolen Identity Event.
6. Travel Assistance. The reasonable additional 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, as a direct 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.
7. Arrest Related Expenses. Expenses incurred by the Insured, or the Insured’s authorized representative, holding a power of attorney or guardianship appointment to act on the Insured’s behalf, to obtain a bail bond or to secure emergency legal assistance in connection with a criminal arrest of the Insured, which arrest is a direct result of a Stolen Identity Event.
8. Other. Other losses, incurred by the Insured, or the Insured’s authorized representative, holding a power of attorney or guardianship appointment to act on the Insured’s behalf, resulting directly from a Stolen Identity Event. However, for purposes of this Section (I)(A)(8), loss shall not include:
(i) costs or expenses otherwise specifically identified under Section I of this Policy;
(ii) an unauthorized withdrawal of funds (separate cover is provided in Section I(B) of this Policy);
(iii) any losses specifically excluded in this Policy; and/or
(iv) costs incurred or expenses paid to lawyers and/or other third party professionals retained directly by the Insured or the Insured’s legal representative.
B. Fraudulent Withdrawals
The direct financial loss of an Insured arising from a Stolen Funds Loss incurred as a direct result of a Stolen Identity Event.
C. Remediation Coverages
1. 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.
2. 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 as a result of a Stolen Identity Event.
3. 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.
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 who 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
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 dangerous 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 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.
D. 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.
E. 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.
F. Fraudulent Withdrawals by Immediate Family Members
Benefits under this Policy for a Stolen Funds 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. For purposes of this exclusion, an immediate family member 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. This exclusion shall not apply if the Insured reports the Unauthorized Funds Transfer to law enforcement authorities, and cooperates in prosecuting the immediate family member.
G. Losses Not Reported Within Ninety (90) Days
This Policy does not cover any Loss:
(a) arising from a Stolen Identity Event or Unauthorized Funds Transfer that is not reported to the Insurer within ninety (90) days after it is first discovered by the Insured; and
(b) solely with respect to item (I)(A)(4), that is not reported to the Insurer within ninety (90) days after the theft has occurred.
H. Negligence by the Insured
This Policy does not cover any Loss directly or indirectly resulting from negligence by the Insured. For purposes of this exclusion, negligence means the failure to exercise reasonable care with respect to the disclosure of personal information or timely reporting of a Loss.
I. Other Exclusions
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 by the Insured of any code or other security information to someone who subsequently contributes to a Stolen Identity Event. This does not include voluntary disclosures made due to duress, fraud or a Stolen Identity Event committed by a legal or financial representative of the Insured.
J. Indirect or Consequential Damages
Except as expressly provided for in this Policy, this Policy does not cover any other indirect, exemplary, incidental or consequential damage or loss of any nature, including but not limited to, lost profits or revenue, loss of business, or loss in excess of the limits set forth herein.
K. Extortion of Money
This policy does not cover Losses arising from extortion, blackmail or criminal threats carried out by a person or persons, by means of preventing the Insured from either gaining access to his/her Account(s) and/or personal data or threatening to destroy the Insured’s personal data where such actions are carried out for the purpose of extorting money. Notwithstanding the foregoing, this exclusion shall not apply to any Loss arising out of an Unauthorized Funds Transfer.
III. LIMITS OF INSURANCE/LIABILITY
The amounts identified in Appendix A to this Policy, which is enclosed at the end of this document, represent the maximum amounts, in United States Dollars, the Insurer will pay per annum with respect to each Insured. The benefit limits to which each Insured is entitled under this Policy will depend on the LifeLock Membership Program in which the Member is enrolled.
Premiums for coverage afforded by this Policy are paid by LifeLock. Premiums due from LifeLock to the Insurer 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, the Insured shall at all times have the duties and obligations set forth in this section.
(A) If a Stolen Identity Event occurs, the Insured shall promptly, but no later than ninety (90) days after the Insured discovers that a Stolen Identity Event or Unauthorized Funds Transfer has occurred, notify the Insurer and LifeLock. The Insured shall also follow written instructions to mitigate potential Loss, which will be provided to the Insured 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) If the Insured is a victim of theft and sustains a Loss which may be covered under item (I)(A)(4), the Insured shall promptly, but no later than ninety (90) days after the theft, notify the Insurer and LifeLock. The Insured shall also follow written instructions to mitigate potential Loss, which will be provided to the Insured in a claims kit.
(C) The Benefits described in this Policy are available only for Losses actually incurred. In the event that the Insured seeks to obtain any of the benefits provided by this Policy, in connection with a Loss, the Insured shall:
i. Notify the Insurer and LifeLock of the Loss in accordance with V(A) or (B) above (as applicable), submit to the Insurer and LifeLock the written proof of Loss provided to the Insured 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, including, with respect to a Stolen Identity Event, requesting a waiver for any applicable fees, loan application fees or credit bureau fees;
iv. Provide all assistance and cooperation required in the investigation and determination of any Loss, including but not limited to:
• Immediately forwarding to LifeLock and the Insurer any notices, summons or legal papers received in connection with a Loss or the Stolen Identity Event;
• Authorizing LifeLock and the Insurer to obtain records and other information with regard to any Loss;
• Cooperating with and helping LifeLock and the Insurer to enforce any legal rights the Insured or LifeLock may have against anyone who may be liable to the Insured;
• 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 the Insurer to inspect the Insured’s books and records. In such event, the Insured’s answers under oath shall be signed.
v. Take all reasonable steps to prevent further Stolen Funds Loss after discovery of an Unauthorized Funds Transfer including, but not limited, to promptly contacting the Financial Institution which holds the Account;
vi. In the event of a Stolen Funds Loss, the Insured 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 the Insurer and LifeLock 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 the Insurer and LifeLock, upon request, a signed, sworn proof of Stolen Funds Loss, or affidavit (including an IRS Tax Fraud Affidavit, if so requested) containing the information requested to investigate the Stolen Funds Loss. LifeLock and the Insurer shall supply the Insured with the necessary forms for this purpose, which the Insured shall complete, execute and return within sixty (60) days of the request.
• Provide LifeLock and the Insurer with a complete description of 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 LifeLock and the Insurer may request.
vii. If the Insured is a victim of theft and sustains a Loss which may be covered under item (I)(A)(4), the Insured shall:
• report the theft to law enforcement authorities within twenty-four (24) hours of the incident, and
• provide LifeLock and the Insurer with proof of purchase of the stolen handbag, purse, wallet and/or similar container.
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 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. “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 an Insured becomes covered under this Policy, which date shall be the later of April 1 st, 2016, or the date on which an Insured becomes enrolled in a LifeLock Membership Program.
E. 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.
F. Declarations Page means the Declarations Page dated as of the date hereof and comprising a part of this Policy.
G. 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.
H. 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. 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.
I. Insured means a person who, at the time of a Stolen Identity Event or with respect to item (I)(A)(4), at the time of the theft, 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.
J. Insurer means State National Insurance Company.
K. Internet means the worldwide public network of computers as it currently exists or may be manifested in the future.
L. LifeLock means LifeLock, Inc.
M. Loss means loss of the type described in Section I, Insuring Agreement which is sustained by the Insured, and, except with respect to item (I)(A)(4), includes Losses incurred by a parent or legal guardian on behalf of a Minor Member .
N. Master Policyholder means LifeLock, Inc.
O. Member means a person who is enrolled in a Membership Program.
P. Minor Member means a minor child or minor dependent of a Member, which minor child or minor dependent is enrolled in a Membership Program.
Q. 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 Benefit Elite®.
R. Per Annum means for the purposes of the benefit limits, the maximum amount payable in any 12 month period.
S. Policy means this Policy, together with any attachments, endorsements, exhibits and appendices hereto, 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 incurred by the Insured and caused by an Unauthorized Funds Transfer (including any associated fees, penalties and interest incurred by the insured which have been levied by a financial or credit institution, the U.S. Internal Revenue Service or the taxing authority of any state in the United States of America or the District of Columbia, which the Insured would not have incurred but for the Unauthorized Funds Transfer). Stolen Funds Loss shall not include any amount for which the Insured received reimbursement from any other sources, 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, without the express authorization of the Insured, 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. For the purposes of this paragraph, “Theft” shall mean the unauthorized misappropriation, access or use of personal information or data used to identify an individual.
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 an Insured ceases to be enrolled in a LifeLock Membership Program or the cancellation or termination of the Policy.
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 and the Insured’s immediate family members receive 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) a or by a Financial Institution or its employee(s). For purposes of this paragraph, an immediate family member 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, and does not include any of the foregoing individuals if the Insured reports the Unauthorized Funds Transfer to law enforcement authorities, and cooperates in prosecuting the immediate family member.
The benefits provided by this Policy are not subject to a deductible.
VIII. COMMON POLICY CONDITIONS
A. CANCELLATION, TERMINATION AND NONRENEWAL
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 a Stolen Identity Event or, with respect to item (I)(A)(4) a theft 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, Unauthorized Funds Transfer, or, with respect to item (I)(A)(4), a theft, or during which the Insured must send LifeLock and the Insurer 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 Premium
b. 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 Insurer.
vi. A determination by the director of insurance or other governing regulatory official or body that the continuation of the Policy would place Insurer in violation of the insurance laws of this state or would jeopardize the solvency of Insurer.
c. Acts or omissions by the Insured or his representative which materially increase the hazard insured against.
3. No cancellation shall be effective unless we mail a copy of the notice of cancellation 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 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 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 a certificate or notice extending the term of the Policy for a specified period beyond the Policy’s expiration date.
9. Coverage for an individual Insured under the Policy shall terminate upon termination of the Insured’s enrollment in a Membership Program or the termination of this Policy, whichever is earlier.
This Policy contains all the agreements between the Insured and the Insurer 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:
(a) 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;
(b) with respect to item (I)(A)(4) only, to a Loss occurring anywhere in the world.
D. LEGAL ACTION AGAINST US
No legal action may be brought or made against the Insurer under this Policy unless:
1. There has been full compliance with all the terms of this 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 the Insured or, with respect to item (I)(A)(4), a theft occurs.
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.
The Insurer 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 the Insured intentionally conceals or misrepresents 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 the Insured’s 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 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 INSURED’S RIGHTS AND DUTIES UNDER THIS POLICY
The Insured’s rights and duties under this Policy may not be transferred without the Insurer’s written consent except in the case of death or incapacity of an individual named insured.
If the Insured dies or becomes incapacitated, his or her rights and duties will be transferred to their legal representative, but only while acting within the scope of duties as the Insured’s legal representative. Until the Insured’s legal representative is appointed, anyone having proper temporary custody of the Insured’s property will assume the Insured’s rights and duties under this Policy, but only with respect to the property in such person’s possession.
Appendix A – Benefit Limits
This Appendix A identifies the benefit limits available for each type of Loss covered under the Policy for each Membership Program offered by LifeLock. The Insured will be eligible to receive the maximum benefits for the covered Losses listed under the specific LifeLock Membership Program for which the Insured has subscribed.
|Level A||Level B||Level C||Level D||Level E|
|I-A: Reimbursement Coverages
A1 through A8:
A1 – Replacement of Documents
A2- Travelling Expenses
A3 – Loss of Income
A4 – Stolen handbag, purse or wallet
A5 – Childcare and Elderly Care
A6 – Travel Assistance
A7 – Arrested Related Expenses
A8 – Other
|Up to $25,000 per Member Per Annum (Maximum of $500 for replacement of stolen cash under (I)(A)(4))||Up to $100,000 per Member Per Annum (Maximum of $500 for replacement of stolen cash under (I)(A)(4))||Up to $1,000,000 per Member Per Annum (Maximum of $500 for replacement of stolen cash under (I)(A)(4))||Up to $1,500,000 per Member Per Annum (Maximum of $500 for replacement of stolen cash under (I)(A)(4)||Up to $2,000,000 per Member Per Annum (Maximum of $500 for replacement of stolen cash under (I)(A)(4))|
|I-B: Fraudulent Withdrawals||Up to $25,000 per Member Per Annum||Up to $100,000 per Member Per Annum||Up to $1,000,000 per Member Per Annum||Up to $1,500,000 per Member Per Annum||Up to $2,000,000 per Member Per Annum|
|I-C Remediation Coverages
C1 through C3:
C1 – Legal Costs
C2 – Remediation Services Costs
C3 – Case Management Services Costs
|Up to a total of $1,000,000 per Member Per Annum||Up to a total of $1,000,000 per Member Per Annum||Up to a total of $1,000,000 per Member Per Annum||Up to a total of $1,500,000 per Member Per Annum||Up to a total of $2,000,000 per Member Per Annum|
AGGREGATION OF BENEFIT LIMITS
The total amount of all claims covered under this policy for losses occurring during any twelve (12) month period (commencing April 1st, 2016 and annually thereafter) which are:
(a) In excess of $100,000 up to $2,000,000 with respect to Section (I)(A)(8),Other Losses;
(b) In excess of $100,000 up to $2,000,000 with respect to Section (I)(B), Fraudulent Withdrawals; and
(c) In excess of $1,000,000 up to $2,000,000 in respect of Section (I)(C), Remediation Coverage,
shall not exceed $100,000,000 in the aggregate.