Various provisions in this Coverage Certificate ("Certificate") restrict coverage. Read the entire Certificate carefully to determine your rights, duties, and what is and is not covered. A copy of the Policy ("Policy") under which this Certificate is issued is available for your inspection upon request.
Throughout this Certificate, the words "You" and "Your" refer to an Insured Customer. "Company", "We", "Us", and "Our" refer to New Hampshire Insurance Company, the insurance company providing this insurance. "Authorized Representative" refers to AppleCare Service Company, Inc., an Arizona Corporation. "Named Insured" refers to the entity listed on the Declarations that holds the Policy under which We issued this Certificate.
Other words and phrases, whether expressed in the singular or plural, that appear in boldface are defined in the DEFINITIONS section of this Certificate (Section XIII.) or elsewhere in this Certificate.
Any questions regarding the coverage provided under this Certificate should be directed to Our Authorized Representative as follows: AppleCare Service Company, Inc., 2394 East Camelback Road; Phoenix, AZ 85016, support.apple.com, 800-APL-CARE (800-275-2273).
I. COVERAGE
Subject to all terms, conditions, exclusions, and limits of insurance pursuant to this Certificate, and in return for the payment of premium by the Primary Account Holder when due, We agree to provide insurance pursuant to this Certificate provided that any Loss to Equipment occurs while Your coverage is in effect. This insurance is primary over any other insurance You may have.
The coverage pursuant to this Certificate begins pursuant to Section V, Coverage Effective Date. The information pertaining to Your coverage pursuant to this Certificate, including the effective date and Equipment covered under this Certificate, is included and incorporated into the receipt or invoice provided to the Primary Account Holder, in Your online Individual Account or Shared Account with the Named Insured, and where applicable in other documentation from the Named Insured, all of which are also incorporated by reference into this Certificate. Any changes to the Equipment covered under the Certificate will be included in Your online account with the Named Insured.
Your Equipment must have separate coverage for Mechanical or Electrical Failure ("Hardware Coverage") and Accidental Damage from Handling ("ADH Coverage") for the duration of your coverage that is offered by Us, one of Our Affiliates, Our Authorized Representative, or the Named Insured, or You must have equivalent Hardware Coverage and ADH Coverage that is purchased from a different provider. We or Our Authorized Representative may request that You submit coverage documents to Us so that We or Our Authorized Representative can review the coverage documents to determine, in Our sole discretion, if the Hardware Coverage and ADH Coverage purchased from a different provider is equivalent coverage.
This Certificate covers Your Equipment for the Covered Causes of Loss stated, as long as the Equipment is selected for coverage by the Primary Account Holder, subject to the terms, conditions, and limitations stated in this Certificate. At Our sole option, We will either replace Your Equipment, repair Your Equipment, or choose to provide a cash settlement in the event of a Loss.
NOTE: You must have "Find My" activated on Your Equipment, keep it activated for the duration of the term of Your coverage and for the duration of any claim, and validate proof of Your identity through Your online account at the time You make a claim to be and remain eligible for coverage. Failure to have "Find My" activated, whether it was expressly de-activated or inadvertently de-activated because You signed out of the relevant Individual Account or Shared Account and did not sign back into the applicable account in 24-hours (or other time period allowed in writing by Us, one of Our affiliates, Our Authorized Representative, or the Named Insured), will result in losing Theft or Lost coverage, but not Power Surge coverage.
NOTE: Upon Our decision to cover a claim, We may, at Our sole discretion, deploy an application or other tool or mechanism that will render the Equipment that is the subject of the claim permanently inoperable.
You must use the power cord provided with Your Equipment at the time of purchase or a comparable replacement in order for the device to be covered for Power Surge.
If You receive a repair or replacement as a result of Your Loss, You agree that any repair or replacement:
- may not include identical features and functions as the Equipment;
- may be repaired with original or non-original genuine manufacturer parts, new parts, or previously used parts that have been tested and pass the manufacturer's functional requirements, or may be replaced with a device that contains original or non-original genuine manufacturer parts, new parts, or previously used parts that have been tested and pass the manufacturer's functional requirements;
- may be a different model, and color; and
- may be made by a different manufacturer.
II. COVERED EQUIPMENT AND CAUSES OF LOSS
We will cover the Equipment for the following causes of Loss:
- Power Surge: All Equipment in Your Individual Account or Shared Account.
- Theft or Lost: Any iPhone, iPad, or Apple Watch in Your Individual Account or Shared Account that has been selected for coverage by the Primary Account Holder, or Shared Account Control Person, and has been accepted for coverage by Us, the Named Insured, or Our Authorized Representative.
III. EXCLUSIONS TO COVERED CAUSES OF LOSS
This Certificate does not cover You for the following enumerated losses and causes of loss regardless of any other cause or event that contributes concurrently or in any sequence to the loss. We will not pay for any loss directly or indirectly caused by or resulting from any of the events, conditions, or following causes:
A. Damage to the Equipment which is:
- caused by or resulting from normal wear or tear, gradual deterioration, inherent vice, or latent defect;
- cosmetic damage including but not limited to marring, scratching, discoloration, or any type of damage or failure that does not affect how the Equipment works;
- the result of alterations, maintenance, repairs, faulty design, or any process of cleaning or restoring; or
- due to obsolescence, including technological obsolescence of the Equipment;
B. Any loss You may suffer or costs incurred by You for:
- loss of value, loss of use, loss of personalized Data, customized software, or information stored in memories;
- any consequential loss; including but not limited to any economic loss, including economic losses resulting from unauthorized access to online banking accounts, credit cards, or other financial accounts; loss of turnover, profits, business, goodwill, or expected savings and roaming, text, or other data fees or expenses resulting from the unauthorized use of Equipment;
- Theft or Lost or damage from a Power Surge occurring when repairing or replacing antennas, battery chargers, or batteries where these or other items are the only part of the Equipment that have been damaged, Stolen, or Lost;
- any Theft or Lost of the Equipment or a Power Surge caused by any deliberate act by You, Your employees, or any person using the Equipment with Your permission;
- costs or charges when replacing car kits and other Non-Covered Accessories which can no longer be used with the Equipment;
- any government or public authority confiscating the Equipment;
- repairing or providing replacement Equipment where the damage to the Equipment is covered by the relevant manufacturer's guarantee or warranty for either parts or labor;
- loss caused by or resulting from a Computer Virus;
- loss caused by or resulting from preventative maintenance or preferential adjustments;
- loss caused by insects, rodents, or other vermin;
- loss caused by abuse of the Equipment or resulting from use of the Equipment in a manner for which it was not intended or designed by the manufacturer, or any act that voids the manufacturer's warranty;
- the Equipment being routinely serviced, inspected, adjusted, or cleaned;
- any Theft or Lost of the Equipment or a Power Surge arising as a result of war (whether war is declared or not), riot, terrorism, revolution, or any similar event;
- repairing or replacing the Equipment where the Theft or Lost of the Equipment or Failure due to a Power Surge are a result of Acts of God (a sudden, uncontrollable event produced by natural forces, such as an earthquake, hurricane, tornado, or similar event);
- Failure due to continuous steady over-voltages as a result of power delivery system damage or flaws, or caused by an onsite backup generator;
- Any property that is not Equipment;
- Contraband or Equipment used in the course of illegal transportation or trade;
- Equipment in transit to You from a manufacturer or seller;
- Data, Nonstandard External Media, and Nonstandard Software;
- Color face plates or other Non-Covered Accessories;
- any Equipment whose unique identification number (IMEI or ESN or serial number, etc.) has been altered, defaced, or removed;
- any Equipment that is not included in the Individual Account or Shared Account; or
- any Equipment that does not have Hardware Coverage and ADH Coverage.
IV. PREMIUM PAYMENTS
You will be charged the following premium for the insurance provided pursuant to this Certificate:
Account Type | Total Equipment Covered in Account | Coverage Term | Premium Per Coverage Term |
---|---|---|---|
Individual Account | Power Surge: All Equipment in the Account Theft or Lost Equipment: Up to 3 devices in the Account that are approved for Theft or Lost coverage |
1 month | $5.00 |
Shared Account | Power Surge: All Equipment in the Account Theft or Lost Equipment: Up to 6 devices in the account that are approved for Theft or Lost coverage |
1 month | $10.00 |
V. COVERAGE EFFECTIVE DATE
Coverage for the insurance provided by Us pursuant to this Certificate is effective at 12:01 A.M. at the address of the Primary Account Holder on the Coverage Effective Date. Your coverage begins upon Our approval of your request for coverage. Upon Our approval, coverage is retroactive to the date of the submission of Your request for enrollment (the "Coverage Effective Date"). We or Our Authorized Representative will notify You within 14 days if Your request is not approved. Your Coverage Effective Date will be stated in Your online Individual Account or Shared Account with the Named Insured, and where applicable in other documentation from the Named Insured.
The Primary Account Holder or Shared Account Control Person may add or delete Theft or Lost coverage for Equipment that is connected to the Individual Account or Shared Account with the Named Insured at any time by notifying Our Authorized Representative. Theft or Lost coverage begins upon Our approval of the request to add Theft or Lost coverage for Equipment to the Certificate. Our Authorized Representative will notify the Primary Account Holder within 14 days if the request for coverage is not approved.
WE WILL NOT PROVIDE COVERAGE FOR ANY DEVICE THAT WAS LOST, STOLEN, OR DAMAGED DUE TO POWER SURGE PRIOR TO YOUR INITIAL REQUEST FOR COVERAGE OR OUR APPROVAL OF A REQUEST BY THE PRIMARY ACCOUNT HOLDER, OR SHARED ACCOUNT CONTROL PERSON MADE TO US, OUR AUTHORIZED REPRESENTATIVE, OR THE NAMED INSURED TO ADD THE EQUIPMENT TO THE CERTIFICATE.
Coverage will terminate for Equipment deleted by the Primary Account Holder or Shared Account Control Person as of the date and time of the submission of the request to delete coverage. If all Equipment is removed from the Certificate, or any online Individual Account or Shared Account is re-registered to any country other than the United States, all coverage under the Certificate will terminate for the Equipment at the end of the month for which Your last premium was paid.
If the Primary Account Holder or Shared Account Control Person requests enrollment for coverage after the purchase of the Equipment, We may at Our sole discretion require the successful completion of a test call and/or other messaging and/or diagnostics and/or a visual inspection to or of the Equipment prior to coverage for the Equipment becoming effective. Coverage begins upon Our approval. We, the Named Insured, or Our Authorized Representative will notify You within fourteen (14) days if Your request is not approved.
VI. LIMITS OF LIABILITY
A. Per Occurrence Limits
The most We will cover, in any one occurrence, to repair or replace Equipment due to a Loss, or to provide a cash settlement due to a Loss, is the actual cost of replacement or repair, as determined by Us, and not to exceed Apple's current retail price of the Equipment, as determined by Us, or if the Equipment is no longer sold by Apple, the retail price at which Apple last sold the Equipment as determined by Us, not to exceed the original retail purchase price of the Equipment, including taxes, or the amount paid for the Equipment as shown on the original proof of purchase, whichever is greater. For any one Loss, We will not pay for a replacement, repair, or cash settlement having a value of more than that limit, less the applicable Deductible set forth in Section VII.
B. Aggregate Limits
Power Surge: Unlimited.
Theft or Lost: The maximum number of valid claims for Theft or Lost Equipment that We will pay in any 12 month period for Equipment covered under this Certificate for each account is limited to the applicable "Aggregate Limit" as shown in the schedule below and the Aggregate Limits will reset each 12 month period based upon Your Coverage effective date.
Individual Account | 3 |
Shared Account | 6 |
The 12 month period is calculated based on the Date of Replacement for each covered Loss.
VII. DEDUCTIBLE & NON-RETURNED EQUIPMENT CHARGE
A non-refundable deductible, as set forth in the Deductible Schedule below, is payable by You at the time of each approved claim.
Deductible Schedule
Equipment Type | Deductible |
---|---|
iPhone | $ 149 |
iPad | $ 129 |
Apple Watch | $ 119 |
An additional non-returned Equipment charge may apply (See Section IX.K) for a Loss caused by a Power Surge if You fail to return the Equipment as directed at the time of Loss.
VIII. CONDITIONS IN THE EVENT OF LOSS.
A.
In the event of a repair or replacement due to a covered Loss, We will arrange for the replacement or repair of Equipment through the Authorized Service Facility. We reserve the right to change the method by which the Authorized Service Facility may provide replacement or repair service to You, and Your Equipment's eligibility to receive a particular method of service, including restricting service to the country where the Equipment and the Coverage under this Certificate was originally sold and/or purchased. Service will be limited to the options available at the time and in the country where You request service. Service options, Equipment availability, and response times may vary according to country. If service is sought in a country other than the United States, any deductible or fee required to be paid by You at time of service may be in the currency of the country where service is sought and at that country's applicable rate. If service is not available for the Equipment in a country outside of the United States, You may be responsible for shipping and handling charges to facilitate service to a country where service is available. If You seek service in a country that is outside of the United States, You will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T., and other associated taxes and charges.
B.
In the event of a covered Loss, Your Equipment will be repaired or replaced, and You will not be entitled to receive a cash settlement. In the event repair or replacement is not possible, We may exercise Our option to elect to provide store credit, gift card, or check, at Our discretion, equal to Apple's current retail price of the Equipment, as determined by Us, or if the Equipment is no longer sold by Apple, the retail price at which Apple last sold the Equipment as determined by Us, not to exceed the original retail purchase price of the Equipment, including taxes, or the amount paid for the Equipment as shown on the original proof of purchase, whichever is greater, in lieu of actual replacement of the Equipment.
C.
Equipment Failure evaluation performed by the Named Insured, the entity that You purchased Your Equipment from, and/or Our Authorized Representative and/or manufacturer may be required at Our option prior to approval of Your request for replacement or repair of the Equipment.
IX. DUTIES IN THE EVENT OF LOSS
A.
In the event that Your Equipment is Stolen or is Lost, You must notify the Named Insured or Our Authorized Representative as soon as possible to suspend service or otherwise disable the device.
B.
If a claim involves a violation of law or any loss of possession, You agree to promptly notify the law enforcement agency with jurisdiction and obtain confirmation of this notification.
C.
You must report the Loss promptly to Our Authorized Representative not later than sixty (60) days from the Date of Loss. Failure to notify Our Authorized Representative within the required time period will not cause claim denial unless Your failure to report the Loss prejudices Our rights pursuant to Missouri Regulation 20CSR 100-1.020(4). You must submit all claims through Our Authorized Representative for Our approval prior to repair or the delivery of replacement equipment. Any claims that are not submitted through Our Authorized Representative for Our approval will not be honored and fulfilled.
D.
You will do what is reasonably necessary to minimize the loss and to protect the Equipment from any further loss.
E.
You may be required to provide Us with a detailed written proof of loss statement, a police report case number, and/or a copy of the police report within sixty (60) days of the Date of Loss and prior to a repair or receipt of a replacement or cash settlement. In the event of a Loss, You may be required to provide a copy of the original bill of sale for the Equipment and this insurance coverage under this Certificate. You may also be required to present, or provide a photocopy of, a government issued photo I.D.
F.
In the event of a Loss due to a Power Surge, You must keep the Equipment until Your claim is completed.
G.
In the event of a Loss due to a Power Surge, You must permit Us to inspect the Equipment records proving the loss. You must cooperate in the investigation of such claim. If requested, You must permit Us to question You under oath at such times as may be reasonably required about any matter relating to this insurance or Your claim, including Your books and records. Your answers must be signed and may be recorded.
H.
You must provide Our Authorized Representative with all of the necessary information required to evaluate Your claim for replacement or repair of Equipment within sixty (60) days of the date that You report Your loss to Us.
I.
Your failure to take delivery of Equipment within sixty (60) days of Our claim approval will result in forfeiture of the replacement Equipment and Your claim under this Certificate.
J.
In the event of a Loss, You must satisfy the nonrefundable deductible applicable to the Loss as specified in Section VII.
K.
If We replace Equipment damaged as a result of a Power Surge or You subsequently recover Stolen or Lost Equipment that We replaced, We may require You to return it to Us at Our expense by mail or a nationally recognized delivery service. If the damaged or subsequently recovered Equipment is not returned as directed within fifteen (15) days of the receipt of the replacement Equipment, a non-refundable fee, not to exceed eighty percent (80%) of the current retail value of the replacement Equipment, may be charged to You. YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE EQUIPMENT AS DIRECTED.
X. ELIGIBILITY AND CANCELLATION.
A. Cancellation or Non-renewal Provisions.
- The Primary Account Holder may cancel coverage under this Certificate by mailing or delivering to Us, Our Authorized Representative, or the Named Insured advance written notice stating when such cancellation is effective. The Primary Account Holder may also cancel coverage through the applicable Individual Account or Shared Account with the Named Insured or may send written notice to Us or Our Authorized Representative as follows: AppleCare Service Company, Inc., 2394 East Camelback Road; Phoenix, AZ 85016, support.apple.com, 800-APL-CARE (800-275-2273).
- The Primary Account Holder or Shared Account Control Person may add or delete coverage for Equipment that is connected to the Individual Account or Shared Account with the Named Insured as stated in Section V at any time by notifying Us, the Named Insured, or Our Authorized Representative. The deletion of Equipment will not cancel the Certificate unless the deletion results in no Equipment being listed for coverage in the Individual Account or Shared Account by the Primary Account Holder or Shared Account Control Person, in which case that deletion will be deemed an expression of the Primary Account Holder's intent to cancel all coverage under the Certificate and coverage will terminate for the Equipment at the end of the period for which Your last premium was paid.
- The following will be deemed an expression of the Primary Account Holder's intent to cancel all coverage under the Certificate:
- if the Primary Account Holder signs out of the relevant Individual Account or Shared Account (or the Shared Account Control Person signs out of the relevant Shared Account) and does not sign back into the applicable account in 24-hours (or other time period allowed in writing by Us, one of Our affiliates, Our Authorized Representative, or the Named Insured), coverage will be terminated immediately after that 24-hour period (or other time period allowed in writing by Us, one of Our affiliates, Our Authorized Representative, or the Named Insured); or
- if the Primary Account Holder re-registers the online Individual Account or Shared Account to any country other than the United States (or the Shared Account Control Person re-registers the online Shared Account to a country other than the United States), coverage will terminate for the Equipment at the end of the 1 month period for which Your last premium was paid; or
- if the Primary Account Holder otherwise turns off the auto-renewal premium billing, coverage will terminate for the Equipment at the end of the period for which Your last premium was paid.
- The Named Insured may request cancellation of coverage under this Certificate by mailing or otherwise delivering to Us advance written notice stating when such cancellation is effective, if the Named Insured discovers fraud or abuse or a violation of terms and conditions associated with the Insured Customer's Individual Account or Shared Account, for non-payment by an Insured Customer of required payments to the Named Insured, where covered Equipment is removed from the Primary Account Holder's account with the Named Insured or the covered Equipment otherwise somehow appears in an account of someone other than that of the Primary Account Holder, where You no longer own or have any interest in or interest in the use of any covered Equipment, if the Primary Account Holder no longer resides or is domiciled in the United States with the Equipment or if the Individual Account or Shared Account is otherwise no longer registered in the United States, where the Primary Account Holder has deleted coverage for all Equipment or where there is a legal requirement preventing the coverage from continuing. We, or Our Authorized Representative, on Our behalf, will mail or deliver written notice to You advising You of the cancellation of this Certificate as requested by the Named Insured. The written notice will be mailed or delivered to You at least thirty (30) days prior to the cancellation, or other longer period as required by law.
- We may cancel this Certificate by providing You with written notice as follows:
- We may cancel Your coverage under this Certificate immediately for the following:
- Nonpayment of premium.
- The Primary Account Holder ceases to have an active account with the Named Insured.
- We may cancel Your coverage under this Certificate upon fifteen (15) days' notice for discovery of fraud or material misrepresentation in obtaining this insurance or in filing a claim under this insurance.
- If You exhaust the Theft or Lost Aggregate Limit under the terms of Section VI, B. of this Certificate, We may send notice of cancellation to You within 30 calendar days after exhaustion of the Theft or Lost Aggregate Limit. However, if notice is not sent, coverage shall continue until otherwise cancelled notwithstanding exhaustion of the Theft or Lost Aggregate Limit, and the Theft or Lost Aggregate Limits will reset each 12 month period based upon Your Coverage effective date. If Your coverage is cancelled under this Section X.A.v.(d), or if You cancel coverage under this Certificate after exhausting the Theft or Lost Aggregate Limit, You will remain ineligible for coverage for a period of 24 months from the date of cancellation. If you otherwise cancel coverage under this Certificate but have not exhausted the Theft or Lost Aggregate Limit and then reapply for coverage, any Theft or Lost claims paid during the 12 month period prior to Your application for coverage will be counted towards the Aggregate Limit under any new Certificate issued to You.
- We may cancel for all other reasons or change the terms and conditions of Your coverage under this Certificate upon thirty (30) days' notice to You and the Named Insured.
- We may cancel Your coverage under this Certificate immediately for the following:
- Notice of cancellation shall be in writing and include the actual reason for cancellation and the effective date of cancellation. The coverage will end on that date.
- If We decide to non-renew this Certificate, We will mail or deliver notice to You and the Named Insured at least thirty (30) days or other longer period as required by law prior to the expiration date of this Certificate.
- Notices will be mailed or delivered to You and the Named Insured at Your last known mailing or electronic addresses on file with Us.
- We or Our Authorized Representative may comply with Sections A. iv, v, vi and vii by providing such notice or correspondence by electronic means. If accomplished through electronic means, We or the Named Insured shall maintain proof that the notice or correspondence was sent.
- If coverage under this Certificate is cancelled other than by rescission, any refunds due to You or the Named Insured will be calculated on a pro rata basis. Unless a Loss has been satisfied under this Certificate, in which case refunds will be calculated on a pro rata basis, rescinded coverage will result in a full refund.
B. To be and remain eligible for coverage:
- Your Equipment must be signed into an activated Individual Account or Shared Account registered in the United States directly with the Named Insured or an affiliate of the Named Insured and be a valid, active, and current account holder to be covered under the Policy. Equipment must be actively registered for Coverage on Your account with the Named Insured prior to the Date of Loss.
- The Equipment must be designated by Us and eligible for coverage under this Certificate. Eligibility may be limited to new Equipment that has not been previously activated for service.
- You must not have exhausted the benefits available under this Certificate issued through the Named Insured by exhausting the Theft or Lost Aggregate Limit. (See Section VI.B.)
- You must not have engaged in fraud or abuse with respect to this or a similar insurance program or there must not be any fraud or abuse with respect to the Individual Account or Shared Account with the Named Insured that is being used to add coverage under this Certificate for the Equipment.
- You must not be in breach of any material term of this Certificate, including, but not limited to, satisfying the required Deductible on a Loss.
- You must have activated the "Find My" provided on Your Equipment, keep it activated for the duration of the term of Your coverage, and throughout any claim process, and validate proof of Your identity through Your online account at the time You make a claim to be and remain eligible for coverage. Failure to have activated "Find My", whether it was expressly de-activated or inadvertently de-activated because You signed out of the relevant Individual Account or Shared Account and did not sign back into the applicable account in 24-hours (or other time period allowed in writing by Us, one of Our affiliates, Our Authorized Representative, or the Named Insured), will result in losing Theft or Lost coverage, but not Power Surge coverage.
C.
You are responsible for the payment of all premiums and deductibles, per the terms of this Certificate.
- The insurance provided under this Certificate is provided to You for the length of term as chosen by You unless You cease to be a valid, active, and current account holder with the Named Insured.
XI. ADDITIONAL CONDITIONS
A.
We will satisfy all claims for Loss under this Certificate within thirty (30) days after presentation and acceptance of satisfactory proof of interest and Loss to Our Authorized Representative and satisfaction by You of Your duties in the event of a Loss.
B.
Any recovery or salvage on a Loss will accrue entirely to Our benefit. Upon Our request, You will return to Us any damaged Equipment or subsequently recovered Stolen or Lost Equipment. All Equipment or parts used in repairs which We replace is the property of Us and may be disabled, destroyed, or reused. We will not provide replacement Equipment or undertake repairs if You are in breach of the terms of this Certificate due to: failure to return damaged Equipment when requested in conjunction with a prior Loss; or, due to Your failure to satisfy the non-returned equipment charge or deductible on a prior Loss.
C.
The Primary Account Holder may not assign this Certificate without Our written consent.
D.
If any Insured Customer to or for whom We honor a claim under this Certificate has rights to recover damages from another, those rights are transferred to Us. That Insured Customer must do everything necessary to secure Our rights and must do nothing after a Loss to impair them; but You may waive Your rights against another party in writing:
- Prior to a Loss.
- After a Loss, only if, at time of Loss, that party is one of the following:
- Someone covered under this Certificate;
- A business firm;
- Owned or controlled by the Insured Customer; or
- That owns or controls the Insured Customer; or
This will not restrict the Insured Customer's coverage.
E.
This insurance is primary over any other insurance You may have. THIS CERTIFICATE MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTO INSURANCE POLICY, HOMEOWNER'S INSURANCE POLICY, OR OTHER SOURCE OF COVERAGE.
XII. DEFINITIONS
"Accidental Damage from Handling" means a fortuitous event occurring during handling of the Equipment that causes direct physical damage to the Equipment. None of the following is direct, sudden, and accidental damage however caused and without regard to whether such condition or event is normal and expected or unusual and unexpected: 1) depletion, deterioration, rust, corrosion, erosion, settling or wear and tear; 2) any gradually developing condition; 3) any defect, programming error, programming limitation, Computer Virus, malicious code, loss of Data, loss of access, loss of use, loss of functionality, or other condition within or involving Data or media of any kind; or 4) contamination by a hazardous substance.
"Authorized Service Facility" means the location or locations that serve as a repair or replacement facility for the program and supply repairs or replacements for Equipment. Selection of the Authorized Service Facility will be at the sole discretion of Us or Our Authorized Representative.
"Computer Virus" means malicious software that damages, destroys, or otherwise interferes with the performance of any Data, media, software, or system on or connected to the Equipment.
"Covered Accessories" means iPhone: any accessories contained inside Your covered Apple iPhone's original packaging that suffer a Loss simultaneously with Your covered Apple iPhone; iPad: no covered accessories are included with this coverage; Apple Watch: means only the one Apple branded band, Nike Sport band, or Hermès Sport band supplied in the same box as the covered Equipment and only if lost or stolen at the same time as your Equipment. For covered Apple Watch Bands, your replacement band will be an Apple-branded band in a style, material, and color that is subject to Our discretion.
"Data" means information input to, stored on, or processed by the Equipment. This includes documents, databases, messages, licenses, contact information, passwords, books, games, magazines, photos, videos, ringtones, music, and maps.
"Date of Loss" means the date on which a Loss to the Equipment occurs.
"Date of Replacement" means the date on which replacement Equipment is shipped to You, or the date on which You pick up the replacement Equipment at an Authorized Service Facility, as a result of a Loss.
"Equipment" means personal, self-contained, portable electronic communication, viewing, listening, recording, gaming, computing, or global positioning devices, including wireless, cell or satellite phones, pagers, personal global positioning satellite units, computers and portable computers, portable audio listening devices, watches and other wearables, video viewing or recording devices or headsets, digital cameras, video camcorders, portable gaming systems, docking stations, automatic answering devices, and other similar devices that are listed in this Certificate as being eligible for coverage. Equipment also means the Covered Accessories.
"Failure" means that Equipment becomes inoperable and unable to perform its designed function.
"Individual Account" means a United States-based account with the Named Insured established and maintained by a Primary Account Holder who is an individual Equipment owner or user.
"Insured Customer(s)" means the customer(s) of the Named Insured meeting the following conditions:
- Whose Equipment has been enrolled in and been accepted for coverage under this Certificate;
- Who have a complete description of their Equipment on file with the Named Insured, Us, or Our Authorized Representative; and
- Who have paid all premiums payable with respect to their Equipment before any claimed Date of Loss or for whom all premiums payable have been paid by the Named Insured.
"Loss" and "Losses" means a covered loss as provided in Section II, Covered Causes of Loss.
"Lost" means the misplacement of the Equipment in an unexplained manner where the Equipment is unrecoverable.
"Mechanical or Electrical Failure" means failure of Equipment to operate due to a faulty part or workmanship or normal wear and tear when operated according to the manufacturer's instructions.
"Non-Covered Accessories" means all accessories not included in the definition of Equipment.
"Nonstandard External Media" means physical objects on which Data can be stored but which are not integrated components of the Equipment required for it to function. This includes Data cards, memory cards, external hard drives, and flash drives. Nonstandard External Media does not include Standard External Media.
"Nonstandard Software" means software, other than Standard Software.
"Power Surge" means an occurrence of a sudden and non-continuous increase or burst of electricity or electrical current, caused by natural or man-made events including lightning strikes, power returning after an outage, and wildlife interfering with power lines.
"Primary Account Holder" means the Insured Customer that is the registered account holder of an Individual Account or Shared Account.
"Shared Account" means a United States-based account with the Named Insured established by a Primary Account Holder, and maintained by (i) the Primary Account Holder and (ii) a Shared Account Control Person, if any, for a group of Equipment owners or users that are connected by a common relationship such as family, a combined household, or other similar relationships that establish a common affinity among the Equipment owners or users as determined by the Named Insured.
"Shared Account Control Person" means an individual that the Primary Account Holder and Named Insured recognize as having the authority to make changes to the coverage and otherwise control activity under a Shared Account.
"Standard External Media" means physical objects on which Data can be stored and that came standard in the original packaging with the Equipment from the manufacturer, but which are not integrated components of the Equipment required for it to function.
"Standard Software" means the operating system pre-loaded on or included as standard with the Equipment from the manufacturer.
"Stolen" means Theft of the Equipment.
"Theft" means the unlawful taking of the Equipment to the deprivation of the Insured Customer.
XIII. STATE CHANGES
Terms and conditions may vary for Certificates issued and Insured Customers residing in select jurisdictions. Please see the attached endorsements, if any, for applicable revisions to Your Certificate.
MISSOURI AMENDATORY POLICY ENDORSEMENT
This endorsement modifies insurance provided under the COMMERCIAL INLAND MARINE WIRELESS COMMUNICATIONS EQUIPMENT COVERAGE INSURANCE POLICY:
I.
Our identifying information is deleted and replaced with the following:
1271 Avenue of the Americas
New York, NY 10038
Telephone No. 212-770-7000
II.
Paragraph F of Section IV. COMMON POLICY CONDITIONS is deleted in its entirety and replaced with the following:
F. LEGAL ACTION AGAINST US
No one may bring a legal action against Us under this policy unless:
- There has been full compliance with all the terms of this policy; and
- The action is brought within 10 years after the date of the loss.
II.
Paragraph G of Section IV. COMMON POLICY CONDITIONS is added as follows:
G. MISSOURI PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS:
A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act (to be referred to as the Act), if we are a member of the Missouri Property and Casualty Insurance Guaranty Association (to be referred to as the Association), the Association will pay claims covered under the Act if we become insolvent.
B. The Act contains various exclusions, conditions, and limitations that govern a claimant's eligibility to collect payment from the Association and affect the amount of any payment. The following limitations apply subject to all other provisions of the Act:
- Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer, if the insured has a net worth of more than $25 million on the later of the end of the insured's most recent fiscal year or the December thirty-first of the year next preceding the date the insurer becomes insolvent; provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis.
- Payments made by the Association for covered claims will include only that amount of each claim which is less than $300,000.
However, the Association will not:
- Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises; or
- Return to an insured any unearned premium in excess of $25,000.
These limitations have no effect on the coverage we will provide under this policy.
All other terms and conditions of the policy remain unchanged.