Personal Articles Policy
Read your policy carefully. An index to the important provisions of your policy is provided below.
INSURING AGREEMENT
DEFINITIONS
GENERAL CONDITIONS
GENERAL EXCLUSIONS
COVERAGE
Insuring Agreement
In return for the premium payment and compliance with all applicable provisions of this policy and any endorsements, we agree to provide the insurance coverage as shown on the Declarations Page, which is part of this policy.
By accepting this policy, you agree that the statements on the Declarations Page and any application are your agreements and representations. This policy is issued in reliance upon the truth of your representations during the application process and it includes all agreements existing between you and us or any of our representatives. Any application, whether written or electronic, is a part of this policy.
Definitions
Throughout this policy most words and phrases that have special meanings appear in bold. Only the pronouns “we”, “our”, “us”, “you”, and “your” are defined but do not appear in bold. This section defines some of the more general terms used in this policy.
1. “You” and “your” refer to the Named Insured shown on the Declarations Page and the Named Insured’s spouse if the person physically lives with you in your household on a regular basis. The term “spouse” includes a domestic partner or party to a civil union with the Named Insured shown on the Declarations Page when the civil union is established under the laws of your state.
2. The words “we”, “us”, and “our” refer to the company, shown on the Declarations Page, which is providing this insurance.
3. Personal article means item(s) shown on the Declarations Page under Scheduled Personal Article(s). If the personal article is a gift or engagement ring, the name of the individual who has possession of the personal article must be listed on the Declarations Page under the Named Insured and Address section.
4. Service plans include, but are not limited to, service agreements, extended warranty plans, and product protection plans.
General Conditions
1. Policy Period/Territory
This policy only applies to loss which occurs during the policy period as shown on the Declarations Page. Coverage extends to loss which occurs anywhere in the world.
2. Misrepresentation or Fraud
All insurance provided by this policy will be null and void if you, at any time, either intentionally conceal or misrepresent any fact, regardless of materiality, or if you misrepresent or conceal any material fact regardless of intent. No action or inaction by us will be deemed a waiver of this provision.
3. Notice of Cancellation
You may cancel this coverage by returning it to us or our authorized agent, or by advising us or our authorized agent in writing, stating the future date you want the policy to be cancelled.
We may cancel this coverage by delivering or mailing notice of cancellation to the first Named Insured at the last address shown in our records at least:
a. ten (10) days before the cancellation takes effect if:
i. the cancellation is for nonpayment of premium; or
ii. this policy has been in effect for less than sixty (60) days and is not a renewal policy.
b. thirty (30) days before the cancellation takes effect in all other cases.
After this policy has been in effect for sixty (60) days, or if this is a renewal policy, we will cancel only:
a. For nonpayment of premium due,
b. for misrepresentation or fraud
c. for substantial breach of your duties under this policy
d. if the risk changed substantially since the policy was issued or
e. for failure to comply with our underwriting requirements within 60 days of the term effective date,
Proof of mailing with 10 days of notice to you will be sufficient proof that notice of cancellation was given. The date of the cancellation stated in the notice will become the end of the policy period.
This policy will terminate without any written notice and all premiums will be deemed fully earned by us when we pay for loss of the personal article.
4. Return Premium
The premium on this policy shall be fully earned and no return premium will be due to the Insured if the policy is canceled by either you or us.
5. Conformity to Statute
Any provision of this policy that conflicts with applicable law or regulation is hereby amended to conform to the minimum requirements of the law or regulation.
6. Policy Changes
No change or waiver may be affected in this policy except by endorsement issued by us. If a premium adjustment is necessary, we will make the adjustment as of the effective date of the change.
When we broaden coverage during the policy period, without charge, the policy will automatically provide the broadened coverage when effective in your state.
7. Legal Action Against Us, Governing Law, Jurisdiction, and Venue
a. No suit or action may be brought against us unless there has been full compliance with all terms of this policy.
b. No suit or action may be brought against us unless the action is brought within 12 months after the date you first have knowledge of the loss.
c. If a suit or action arises, you agree to the governing law, jurisdiction, and venue of the state of New York.
8. No Benefits to Others
No person or organization, which has custody of the personal article and is to be paid for services, will benefit from this insurance. No assignment or delegation shall be permitted.
9. Right of Recovery
You may have the right to recover from another party who is responsible for your loss. If we pay your loss under this policy, this right of recovery will belong to us up to the amount that we have paid you. You or anyone acting on your behalf must not do anything to impair our right of recovery. In the event of a recovery, any personal article paid for by us will become our property. You must notify us or we must notify you as soon as reasonably practical if either receives a recovery for a loss we have settled.
10. General Duties Following a Loss
You must report immediately to us or our authorized agent any loss which may be covered under this policy. This report should give full details about when and where the loss occurred, how it happened and the name and address of all the people involved including all witnesses. You are required to immediately notify the authorities of any theft of your personal article.
After requested by us, you must file within ninety (90) days thereof, with us or our authorized agent, a written statement about the details of the loss. This statement must be signed and sworn by you and must include:
a. the date, time, place and details of the loss. If loss is due to theft, a police report must be provided;
b. other insurance or service plans that may cover the loss;
c. your interest and the interest of all others in the personal article involved in the loss, including all liens and encumbrances;
d. identifying whether the item was in possession, care, or custody of a third party at the time of the loss (including but not limited to a repair shop or storage facility);
e. changes in the title of the personal article during the policy period;
f. an inventory of the lost personal article. This must show in detail the quantity, description, cost of the personal article, and the amount of the loss. For claims involving damage to an item, bills for repair, and/or professional estimate of the loss may be required; and,
g. Valid government issued photo ID.
You, as often as we may reasonably require, will:
a. submit and subscribe to examinations under oath by any person named by us. If more than one person is examined, we have the right to examine and receive statements separately from each person and not in the presence of others; and
b. produce for examination and permit extracts and copies of all books of account, bills, invoices, other vouchers, and any other tangible items related to the claimed loss, or certified copies thereof if the originals are lost, at such reasonable time and place as may be designated by us or our representative.
If misrepresentation is suspected, we may request copies of bills, receipts, or appraisals for the inventory. You agree to cooperate with us in the investigation or settlement of any loss. If you do not comply with these general duties above, no coverage for the loss will be provided.
11. Other Insurance
If there is other applicable insurance we will pay only our share of the loss. Our share is the percent that the limit of insurance this policy bears to the total of all insurance applicable to the loss.
If there is a service plan, we will pay excess the amount due from the service plan but not more than the applicable limit provided by this policy.
12. Nonrenewal
If we decide not to renew your coverage, we or our authorized representative will mail or deliver to the first Named Insured at the address shown on the Declarations Page a written notice of nonrenewal. The written notice will be mailed to the first Named Insured at least thirty (30) days before the end of the policy term. If we decide not to renew your policy, our mailing of notice to the address of the first Named Insured shown on the Declarations Page will constitute proof of notice as of the date we mail it.
13. Salvage and Abandonment
If we pay for the loss of personal article, we reserve the right to take possession of any remains. At our request, you will transfer the ownership of the property to us or to a salvage buyer appointed by us. Any recovery or salvage on a loss will accrue entirely to our benefit until the sum paid by us has been resolved.
We are not obligated to accept any property you abandon, nor are we obligated to pay any storage fees incurred.
General Exclusions
No coverage is provided under this policy for loss caused by, resulting from, or arising out of:
1. Extended Radioactive Contamination
a. ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;
b. the radioactive, toxic, explosive, or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;
c. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or
d. the radioactive, toxic, explosive or other hazardous, or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific, or other similar peaceful purpose.
However, if a fire arises directly or indirectly from one or more of the above causes in item a., b., and d., then any loss arising directly from that fire will, subject to the provisions of this policy, be covered. No coverage is provided for any loss caused by, resulting from or arising out of nuclear reaction, nuclear radiation, or radioactive contamination arising directly or indirectly from that fire.
2. War or any warlike operation. This includes declared and undeclared wars, civil wars, revolutions, or any civil unrest.
3. Delay, confiscation, nationalization, or detention by Customs or other government or public authority.
4. Any willful or intentional misconduct or criminal act on the part of:
a. you;
b. anyone acting on your behalf; or
c. any person, firm, corporation, or legal entity possessing the personal article with your prior permission.
5. Civil Authority.
a. seizure or destruction under quarantine or customs regulations;
b. confiscation or destruction by order of a government or public authority; or
c. risks of contraband or illegal transportation or trade.
Coverage
We will cover:
1. theft of the personal article; and
2. sudden, accidental direct physical loss of the personal article.
What We Pay
The amount we will for loss under this policy will be the applicable scheduled limit for the personal article shown on the Declarations Page.
Loss to a Pair, Set, or Part
If there is a loss to personal article that is part of a pair or set, or consists of several components when complete, the amount we pay will be the scheduled limit for the personal article on the Declarations Page.
You agree to turn over to us the remaining parts of the pair or set, or complete item.
Exclusions
We will not pay for loss caused by, to, or resulting from:
1. wear and tear and wet or dry rot;
2. vermin, rodents, or insects;
3. abandonment by you or anyone using the personal article with your permission;
4. diminution of value;
5. repair or maintenance work;
6. contraband or property in the course of illegal transportation or trade;
7. gradual deterioration, inherent vice, or any quality, fault, or weakness that is intrinsic to the personal article that causes it to damage or destroy itself;
8. mysterious, or unexplained disappearance;
9. Your voluntary parting with title to or possession of any personal article because of: a. the acceptance of:
i. counterfeit money or fraudulent money orders;
ii. checks or promissory notes which are not paid upon presentation;
iii. credit cards that are illegally obtained and/or used; or
b. any other fraudulent scheme, trick, or false pretense.
Payment of Loss
We will pay losses within thirty (30) days after a proof of loss is accepted by us and we reach agreement with you.
This Policy is signed at the home office of the company by its president and secretary.