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IDENTITY FRAUD
(A stock company herein called the Company.)
D DECLARATIONS
P POLICY PERIOD: As of the first of the month following the month
of purchase as long as payments are received.
M POLICY HOLDER: Any individual, couple or household with proof
of purchase.
A ADDRESS: Any individual, couple or household with an address
corresponding to proof of purchase.
GUARANTEE AFFORDED is only with respect to the following coverage(s), subject
to all terms of this Policy having reference thereto.
A AGREEMENTS LIMIT OF GUARANTEE DEDUCTIBLE AMOUNT
IDENTITY FRAUD EXPENSE COVERAGE $25,000.00 $ZERO
E ENDORSEMENTS:
__________________________________
Authorized Company Representative
AGREEMENT
(1)IDENTITY FRAUD EXPENSE COVERAGE
To reimburse a Guaranteed Person for Expenses incurred by the
Guaranteed Person as the direct result of any one Identity
Fraud commenced during the policy period.
Only a Guaranteed Person in good standing will be entitled to
coverage under this Agreement (1).
CONDITIONS
1) Definitions:
a) “Expenses” means
i) Costs for notarizing fraud affidavits or similar documents
for financial institutions or similar credit grantors or credit
agencies that have required that such affidavits be notarized.
ii) Costs for certified mail to law enforcement agencies, credit
agencies, financial institutions or similar credit grantors.
iii) Lost wages as a result of time taken off from work to meet
with, or talk to, law enforcement agencies, credit agencies and/or
legal counsel, to complete fraud affidavits, or due to wrongful
incarceration arising solely from someone having committed a
crime in the Guarantee’s name, up to a maximum payment
of $500 per week for a maximum period of four weeks. Lost wages
shall not apply in the case of wrongful incarceration absent
all charges being dropped or an acquittal.
iv) Loan application fees1 for re-applying for a loan or loans
when the original application is rejected solely because the
lender received incorrect credit information,
v) Charges incurred for long distance telephone calls to merchants,
law enforcement agencies, financial institutions or similar credit
grantors, or credit agencies to report or discuss an actual Identity
Fraud.
vi) Reasonable attorney fees incurred, with the Company’s
prior consent, for:
(a) defense of lawsuits brought against the Guaranteed Person
by merchants or their collection agencies,
(b) the removal of any criminal or civil judgments wrongly entered
against a Guaranteed Person, and
(c) Challenging the accuracy or completeness of any information
in a consumer credit report.
b) “Identity Fraud” means the act of knowingly transferring
or using, without lawful authority, a means of identification
of a Guaranteed Person with the intent to commit, or to aid or
abet, any unlawful activity that constitutes a violation of Federal
law or a felony under any applicable state or local law.
c) “Guaranteed Person” means any natural person
who is currently subscribed individually or to a Membership Program
that has been specifically expanded by the Master Policy Holder
to include the protection afforded by this Policy.
d) “Master Policy Holder” means the entity named
in the Declarations as the Master Policy Holder.
e) “Membership Program” means a membership program
or affinity group sponsored by the Master Policy Holder and that
is specifically named within an endorsement attached to this
Policy.
f) “Policy Period” is as of the 1st month following
the month of purchase for as long as payments have been received.
2) Exclusions This Policy does not apply:
a) to loss due to any fraudulent, dishonest or criminal act
by an Guaranteed Person or any person acting in concert with
an Guaranteed Person, or by any authorized representative of
an Guaranteed Person, whether acting alone or in collusion
with others;
b) to loss other than Expenses
c) to an Identity Fraud that commenced, or Expenses incurred,
when an individual was not an Guaranteed Person.
d) to loss due to nuclear reaction, nuclear radiation or radioactive
contamination, or due to any act or condition incident to any
of the foregoing; or
e) to loss due to war, whether or not declared, civil war, insurrection,
rebellion, revolution, or to any act or condition incident to
any of the foregoing.
3) Policy Period - Discovery - This Policy applies only to Identity
Fraud, occurring anywhere in the world, which is either commenced
during, or occurs wholly during, the Policy Period and is reported
to the Company during the Policy Period or within 30 days following
the termination of either
a) this Policy; or
b) Membership of the Guaranteed Person in a Membership Program.
4) Limits of Guaranteed - Under this Agreement (1), the limit
of the Company’s liability per Guaranteed Person for loss
covered under this Policy shall not exceed the applicable Limit
of Guaranteed shown in the Declarations. Under this Policy, all
losses incidental to an act or series of related acts or arising
from the same method of operation, whether committed by one or
more persons shall be deemed to arise out of one occurrence and
shall be treated as one loss. However, solely with respect to
this Agreement (1), should one such act cause a covered loss
to more than one Guaranteed Person, the available Limit of the
Guaranteed under this Policy and the deductible amount shall
apply to each Guaranteed Person separately.
Regardless of the number of Programs that a Guaranteed Person is a member of,
the Company’s liability to such Guaranteed Person for loss covered under
this Policy shall not exceed the applicable Limit of Guarantee shown in the
Declarations.
5) Deductible - The Company shall be liable only for the amount
by which any loss exceeds the applicable Deductible Amount as
shown in the Declarations. This Deductible Amount applies to
each and every loss and shall have no aggregate limitation.
6) Recoveries - Any recoveries, less the cost of obtaining them,
made after settlement of loss covered by this Policy will be
distributed as follows:
a) first, to the Guaranteed Person, until the Guaranteed Person
is reimbursed for any loss that was sustained by the Guaranteed
Person that exceeds the Limit of the Guarantee and the Deductible
Amount, if any;
b) then to the Company, until the Company is reimbursed for
the settlement made; and
c) then to the Guaranteed Person until the Guaranteed Person
is reimbursed for that part of the loss equal to the Deductible
Amount, if any.
Recoveries do not include any recovery from Guarantee, suretyship,
reinsurance, security or indemnity taken for the Company’s
benefit.
7) Ownership Interests Covered - This Policy shall be for the
sole use and benefit of the Guaranteed Persons and the Policy
Holder. It provides no rights or benefits to any other person,
entity, or organization.
8) Guaranteed Person’s 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 Policy, the Guaranteed
Person shall give notice thereof as soon as practicable to the
Company, and file detailed proof of loss, duly sworn to, with
the Company within four months after the discovery of loss. If
the loss involves a violation of law, the Guaranteed Person shall
also notify the police.
Upon the Company’s request, the Guaranteed Person shall
submit to examination by the Company, subscribe the same, under
oath if required, and produce for the Company’s examination
all pertinent records, all at such reasonable times and places
as the Company shall designate, and shall cooperate with the
Company in all matters pertaining to loss or claims with respect
thereto. Compliance with all terms and conditions of this Policy
are conditions precedent to recovery under this Policy.
The Guaranteed Person shall keep books, receipts, bills and
other records in such manner that the Company can accurately
determine there from the amount of any loss. At any time subsequent
to the reporting thereof to the Company, the Company may examine
and audit the Guaranteed Person’s books and records as
they relate to a loss under this Policy.
9) Other Guarantees or Guarantee - If there is any other valid
and collectible guarantees or Guarantee which would apply in
the absence of this Policy, the guarantee under this Policy shall
apply only as excess over such other guarantees or Guarantee.
10) Action Against Company - No action shall lie against the
Company unless, as a condition precedent thereto, there shall
have been full compliance with all terms of this Policy, nor
until 90 days after the required proof of loss has been filed
with the Company, nor at all unless commenced within two years
from the date when the Guaranteed Person first discovers the
loss. If any limitation of time for notice of loss or any legal
proceeding herein contained is shorter than that permitted to
be fixed by agreement under any statute controlling the construction
of this Policy, the shortest permissible statutory limitation
of time shall govern and shall supersede the time limitation
herein stated~
11) Subrogation - In the event of any payment under this Policy,
the Company shall be subrogated to all the Guaranteed Person’s
rights of recovery therefore against any person or organization,
and the Guaranteed Person shall execute and deliver instruments
and papers and shall take whatever other actions are necessary
to secure such rights for the Company. The Guaranteed Person
shall not take any action after the discovery of any loss that
would prejudice such rights.
12) Changes - Notice to any agent or knowledge possessed by
any agent or by any other person shall not effect a waiver or
a change in any part of this Policy or stop the Company from
asserting any right under the terms of this Policy; nor shall
the terms of this Policy be waived or changed, except by endorsement
issued by the Company and made to form a part of this Policy.
13) Cancellation:
a) The Policy Holder may cancel this Policy by mailing or delivering
to the Company advance written notice of cancellation
b) The Company may cancel this Policy by mailing or delivering
to the Policy Holder written notice of cancellation at least:
i) ten (10) days before the effective date of cancellation if
the Company cancels for nonpayment of premium; or
ii) thirty (30) days before the effective date of cancellation
if the Company cancels for any other reason.
c) The Company will deliver notice to the Policy Holder’s
last mailing address known to it.
d) Notice of cancellation will state the effective date of cancellation.
The Policy Period will end on that date.
e) If this Policy is canceled by the Company the Company will
send the Policy Holder any premium refund due and the refund
will be pro rata. If the Policy Holder cancels, the refund may
be less than pro rata. The cancellation will be effective even
if the Company has not made or offered a refund.
f) If notice is mailed, proof of mailing will be sufficient
proof of notice.
14) Assignment - Assignment of interest under this Policy shall
not bind the Company until its consent is endorsed herein.
15) Concealment or Misrepresentation - This Policy is void as
to any Guaranteed Person if, at any time, said Guaranteed Person
intentionally conceals or misrepresents a material fact concerning
either this guarantee or a claim under this guarantee.
16) Requirement— My ID Fix, Inc. requires that any Guaranteed
Person who loses their wallet or any document must immediately
use and complete the My ID Fix, Inc. Stolen/Lost Wallet or Document
program to prevent Identity Theft. If Identity Theft occurs the
Guaranteed Person must use and complete the My ID Fix, Inc. Identity
Theft Repair program. My ID Fix will not assume any liability
whatsoever for persons who do not meet these requirements
IN WITNESS WHEREOF, the Company has caused this Policy to be
signed by its authorized Company officer and signed on the Declarations
page by a duly authorized person on behalf of the Company.
Ronald C. Winger
Ronald C. Winger
CEO
MY ID FIX, INC.
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