Identity Fraud Financial Reimbursement
TERMS AND CONDITIONS
Summary of Benefit
These Terms and Conditions are provided to inform you that as a member of a Consumer Direct Program, that includes identity theft insurance wherein you are entitled to benefits under the Policy as issued to Consumer Direct and described in these Terms and Conditions. Various provisions in these Terms and Conditions and in the Policy restrict coverage. Read the entire Terms and Conditions carefully to determine rights, duties and what is and is not covered.
These Terms and Conditions do not state all the terms, conditions, exclusions and definitions within the Policy. Your benefits will be subject to all the terms, conditions, exclusions and definitions of the Policy as issued to Consumer Direct. A complete copy of the Policy will be available upon request. If the Policy is terminated, your benefits under the Policy will cease effective that date. It is the obligation of Consumer Direct - to inform you of any termination of the Policy.
The Identity Fraud Expense Reimbursement benefit is underwritten and administered by Voyager Indemnity Insurance Company, an Assurant company, under a group or blanket policy issued to Consumer Direct for the benefit of its Members. To obtain a complete copy of the Policy as issued to Consumer Direct, contact Consumer Direct at 1(866) 824-2096. Voyager Indemnity Insurance Company administers all claims and is solely responsible to Members with respect to the Identity Fraud Expense Reimbursement benefit.
All references to We, Us, and Our throughout this Summary of Benefit means Voyager Indemnity Insurance Company.
LIMITS OF INSURANCE
|Coverage||Limit of Liability|
|Expense Reimbursement||$25,000.00 Aggregate Limit per Single Membership per 12 Month Period|
DUTIES WHEN LOSS OCCURS
Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim under the terms of this coverage, the policyholder is responsible for notifying the member of the following requirements:
- Give notice as soon as practicable to:
(1) the appropriate authority and affected institutions, if applicable; and
(2) call 1(866) 824-2096 to make a valid claim within sixty (60) days of the date of discovery, or as soon as reasonably possible. If the loss involves a violation of law, the member shall also notify the police. The member must submit a copy of the police report when filing a claim;
- File detailed proof of loss, duly sworn to, with us within sixty (60) days after the discovery of loss;
- Take all reasonable steps to mitigate loss resulting from identity fraud including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees;
- Upon our request, submit to examination by us, and subscribe the same, under oath if required;
- Upon our request, cooperate to help us enforce legal rights against anyone who may be liable to the member to include giving evidence and attending depositions, hearing and trials;
- Immediately forward to us any notices, summons or legal papers received by the member in connection with the loss or the identity fraud;
- Produce for our examination all pertinent records;
- Cooperate with us in all matters pertaining to loss or claims;
all at such reasonable times and places as we shall designate.
The member shall not voluntarily assume or admit any liability, nor, except at said member's own cost, voluntarily make any payment or incur any expense without our prior written consent, such consent not to be unreasonably withheld.
The member shall keep books, receipts, bills and other records in such manner that we can accurately determine the amount of any loss. At any time, subsequent to the reporting of the loss to us, we may examine and audit the member's books and records as they relate to a loss under the Policy.
Identity Fraud - Expense Reimbursement
We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions from the direct result of the following:
- Fraud or Embezzlement
For loss arising out of fraud or embezzlement perpetrated against the member, with an occurrence date during the term of the membership.
For loss resulting directly from theft of property related to the member's information, checkbook, savings record, ATM access or securities from the member, with an occurrence date during the term of the membership, by a person from whom the member purchased goods or services.
For loss, with an occurrence date during the term of the membership, resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay money that are:
- Made or drawn by or drawn upon the member's account; or
- Made or drawn by one purporting to act as the member's agent.
- Data Breach
For loss, with an occurrence date during the term of the membership, resulting directly from the misuse of the member's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member's personal information, that results in monies stolen from the member's accounts or misuse of data to obtain property, credit or monies using the member's information.
- Stolen Identity Event
For loss resulting from a stolen identity event, including but not limited to a stolen identity event occurring on or arising out of the use of the Internet. The occurrence date must be during the term of the membership.
Expense Reimbursement do not cover:
- loss due to any fraudulent, dishonest or criminal act by the member or any person acting in concert with the member, or immediate family member, whether acting alone or in collusion with others;
- loss resulting directly or indirectly from any errors or omissions occurring in the following actions:
the input of data to any computer system; or
the processing of data by any computer system; or
the manual or electronic processing of any output produced by any computer system;
- loss resulting directly or indirectly from the voluntary surrendering by the member of any access device, in whole or in part, to any person or entity;
- loss resulting from any unintentional clerical error in the transfer from or debit of any account of the member which is initiated by a financial institution, or any employee(s) thereof. However, this exclusion shall not apply to a fraudulent act of an employee(s) of a financial institution where said employee(s) is acting without the permission or instruction of their employer;
- loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the member;
- indirect or consequential loss of any nature;
- loss of potential income not realized by the member;
- loss other than expenses;
- loss resulting from an identity fraud that was discovered prior to the effective date of the Policy under which this coverage is provided;
- loss arising out of business pursuits of the member;
- loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation;
- property damage, bodily injury or personal injury;
- losses incurred from financial performance of any investment of financial product;
- loss from games of chance;
- recovery of actual financial losses of any kind from acts of fraud or identity theft;
- any loss, claims or damages that are not covered under the terms and provisions of the Policy under which this coverage is provided;
- legal fees in excess of $125 per hour;
- any loss which occurred while the member was not an active member of the Consumer Direct membership
Access Device means a card (including credit, debit and ATM cards), code, PIN, password, personal check or other similar means of access to the member's account at a financial institution that may be used by the member to gain access to said account for the purpose of withdrawing or transferring funds, making purchases, or making long distance or cellular/digital (wireless) telephone calls.
Data Breach means the misuse of the member's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member's personal information, that results in monies stolen from the member's accounts or misuse of data to obtain credit or monies using the member's information.
Date of Discovery occurs when the member first becomes aware of facts which would cause a reasonable person to assume that a loss covered by this insurance has been or will be incurred, even though the exact amount or details of loss may not then be known. Discovery also occurs when the member receives notice of an actual or potential claim against the member involving loss covered under this insurance.
- Costs incurred by the member for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received from any source incorrect information as a result of the identity fraud;
- Costs for notarizing affidavits or other similar documents, long distance telephone calls, travel and postage reasonably incurred as a result of the member's efforts to report an identity fraud or amend or rectify records as to the member's true name or identity as a result of an identity fraud;
- Reasonable costs incurred by the member for up to six (6) credit reports from established credit bureaus (with no more than two (2) reports from any one credit bureau) dated within twelve (12) months after the member's discovery of an identity fraud, and costs incurred for contesting the accuracy or completeness of any information contained in a credit report following an identity fraud;
- Payment for reasonable expenses incurred that were a result of recovery from an identity fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees, expert witness or courier fees;
- Actual lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the member's true name or identity as a result of an identity fraud. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes sick days, business interruption and future earnings of a self-employed professional. Coverage is limited to base wages within twelve (12) months after discovery of an identity fraud. Base wages must be supported by and based on the prior year tax return.
- Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the member's identity as a result of an identity fraud.
- Reasonable and necessary costs incurred by the member for ordering medical records for the purpose of amending and/or rectifying these documents as a result of an identity fraud.
- Reasonable and necessary costs incurred by member for the replacement of identification cards, driver licenses and passports as a result of an identity fraud.
- Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by the member for use of any investigative agency or private investigator engaged to amend or rectify records as to the member's true name or identity as a result of an identity fraud. We reserve the right to select such investigative agency or private investigator; however, with our express prior written consent, member may elect such investigative agency or private investigator.
- Reasonable and necessary costs, up to a maximum of $125 per hour, incurred by the member associated with the use of any certified public accountant engaged to amend or rectify records as to the member's true name or identity as a result of an identity fraud. We reserve the right to select such certified public accountant; however, with our express prior written consent, member may elect such certified public accountant.
Forgery means the signing of the name of another person or organization with intent to deceive. It does not mean a signature, which consists in whole or in part of one's own name signed, in any capacity, for any purpose.
Fraud or Embezzlement includes electronic, telegraphic cable, teletype tele facsimile, telephone or written instructions which: purports to have been transmitted or written by the member, but which was in fact fraudulently transmitted or altered by someone else without member's knowledge or consent; or received by the member which purports to have been transmitted by an employee but which was in fact fraudulently transmitted by someone else without member's or employee's knowledge or consent.
Identity Fraud means the act of knowingly transferring or using, without lawful authority, a means of identification of the member with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal, State or local law.
Legal Costs means costs, up to a maximum of $125 per hour, for reasonable fees for an attorney fees for an attorney selected by the member and related court fees, incurred by the member with our consent, for:
- Defense of any legal action brought against the member by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan as a result of the identity fraud;
- Defense of or the removal of any civil judgments wrongly entered against the member as a result of identity fraud; and
- Challenging the accuracy or completeness of any information in a member's consumer credit report, medical history or tax history, as a result of identity fraud; and
- Member's initial consultation with a lawyer to determine the severity of and appropriate response to an identity fraud.
Loss means the expenses and legal costs incurred by the member as the direct result of a covered transaction.
Member means the primary member
Occurrence means an incident of an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons.
Occurrence Date means the earliest possible date of discovery.
Participating Identity Insurance Membership Program means an identity insurance membership program for which coverage has been extended to under a group or blanket policy issued to Consumer Direct,, and for which coverage has been paid by Consumer Direct
Policyholder means Consumer Direct
Primary Member means a customer who is enrolled in a participating identity insurance membership program that includes identity theft insurance who is in good standing:
- for which the primary member membership fee/ product fee has been paid; and
- whose name is shown on the membership.
Proof of Loss means receipts for reasonable out of pocket expenses.
Stolen Identity Event means the unauthorized, or illegal use of the member's name, social security number, or other method of identifying the member.
- Limits of Insurance - Our maximum limit of liability for loss under these Terms and Conditions shall not exceed the applicable limit stated on the Limits of Insurance section of these Terms and Conditions.
All loss incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons, shall be deemed to arise out of one occurrence.
Our total aggregate limit of liability shown on the Limits of Insurance section of these Terms and Conditions, will be the maximum amount we will pay for all covered losses per primary member membership, regardless of the number of losses that occur for any one member per twelve (12) month period.
- Loss Payment
We will pay any loss covered under the Policy under which this coverage is provided, within thirty (30) days after:
- We reach agreement with the member; or
- The entry of final judgment.
- Notice of Claim must be given to us by the member
- in writing; and
- within a reasonable time period after the date of discovery.
- Settlement of Claims
We will pay all covered claims within ninety (90) days from the date we receive acceptable proof of loss at our office.
- Transfer of Rights of Recovery Against Others to Us - If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing to impair them.
Recovery against persons or organizations also insured under this Policy or any other Policy issued by us with respect to the same loss is prohibited.
- Other Insurance - This insurance is excess in the event coverage is provided under any other policy/certificate.
Should member be enrolled in more than one membership program insured by us, we will reimburse the member under each membership:
- subject to the applicable deductibles and limits of liability of each membership;
- but in no event shall the total amount reimbursed under all memberships exceed the actual amount of loss; and
- in no event shall the limit of liability under all memberships exceed the largest limit of liability available to the member under any membership program insured by us.
- Action Against Us - No action may be brought against us unless there has been full compliance with all of the terms and conditions of these Terms and Conditions, and civil action at law is filed within three (3) years from the date it accrues. No one will have the right to join us as a party to any against the policyholder or member.