Air Ticket Protection
Description of Coverage
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Schedule of Coverage & Services |
Maximum Benefits |
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Part A — Travel Protection |
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Trip Cancellation and Interruption |
Total Trip Cost |
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Ticket Change Fee |
$100 |
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Travel Delay |
$100 |
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Part B — Baggage Protection |
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Baggage and Personal Effects |
$250 |
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Baggage Delay |
$100 |
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Part C — Travel Accident Protection |
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Accidental Death and Dismemberment Common Carrier, Air Only |
$25,000 |
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Part D — Optional Coverage |
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Additional Accidental Death and Dismemberment Common Carrier, Air Only |
Amount Selected (max. $400,000) |
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Collision Damage Waiver |
$25,000 |
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Worldwide Emergency Assistance Services |
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Travel Guard Assistance |
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24-hour LiveTravel Assistance |
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AIC-TRVL-P |
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The Pre-Existing Condition exclusion will be waived if You purchase this Policy for the full cost of Your Trip and You are not disabled from travel at the time You pay the premium. The booking for the Trip must be the first and only booking for this travel period and destination.
Trip Cancellation/Trip Interruption
The Insurer will pay a benefit, up to the maximum shown on the Schedule
of Coverages and Services, if the Insured cancels his/her Trip or are unable to
continue on Your Trip due to:
(a) Sickness, Accidental Injury, or death of You, Your Traveling Companion,
Family Member, or Business Partner, which results in medically imposed
restrictions as certified by a Physician at the time of loss preventing Your
continued participation in the Trip. A Physician must advise cancellation of the
Trip on or before the Scheduled Departure Date.
(b) You or Your Traveling Companion being hijacked, quarantined, required to
serve on a jury, subpoenaed, or having his/her principal place of residence or
destination made uninhabitable by fire, flood, or other natural disaster.
(c) If within 30 days of the departure of an Insured, a politically motivated
Terrorist Attack occurs within a 1-mile radius of the territorial City limits of
the City to be visited by the program for which You have registered.
(d) Strike that causes complete cessation of services.
(e) Weather at the departure site which causes complete cessation of services of
the Common Carrier for at least 24 consecutive hours.
(f) Bankruptcy and/or Default of Your Travel Supplier which occurs more than 14
days following Your Effective Date. Coverage is not provided for the Bankruptcy
or Default of the agency from whom You purchased Your Land/Sea Arrangements.
Trip Cancellation
Non-refundable airfare cancellation charges for flights joining
or departing Your Land/Sea Arrangements.
Trip Interruption
Reimburses unused, non-refundable airfare paid, to return home or
rejoin the original Land/Sea Arrangements (limited to the cost of one-way
Economy Airfare by scheduled carrier, from the point of destination to the point
of origin shown on the original travel tickets) less the value of applied credit
from an unused return travel ticket.
In no event shall the amount reimbursed exceed the lesser of the amount You
pre-paid for Your Trip, or the maximum benefit shown on the Schedule of
Coverages.
Trip Delay
Trip Delay coverage will be on a one-time basis if You are delayed 12
or more hours. If You experience a covered delay, You are eligible for up to
$100 as shown on the Schedule of Coverages and Services, for reasonable,
additional accommodations and travel expenses. Covered reasons for travel delay
are: Carrier-caused delay (including bad weather); You or Your Traveling
Companion being delayed by a traffic accident while en route to a departure, in
which You or Your Traveling Companion is directly or not directly involved; lost
or stolen passports, money, or travel documents; quarantine; hijacking,
unannounced Strike, natural disaster.
Baggage/Personal Effects
The Insurer will reimburse You up to the maximum shown on the Schedule
of Coverages and Services for loss, theft, or damage to baggage and personal
effects. The Insurer will pay the lesser of the following: actual cash value at
the time of the loss, less depreciation as determined by the Insurer, or the
cost of repair or replacement. There will be a combined maximum limit of $250
for the following: jewelry; watches and cameras including related equipment;
articles consisting in whole or in part of silver, gold, or platinum; furs and
articles trimmed with or made mostly of fur.
Baggage Delay (Outward Journey Only)
The Insurer will reimburse You for expenses of necessary personal
effects, up to the maximum shown in the Schedule of Coverages and Services, if
Your checked baggage is delayed or misdirected by Common Carrier for more than
24 hours from the time You arrive at the destination stated on the ticket,
except travel to final destination or Your place of residence. You must be a
ticketed passenger of a Common Carrier.
Accidental Death & Dismemberment
Common Carrier — Air Only
Air Common Carrier benefits applies to Injury sustained by You: (a)
while riding as a passenger in or on, boarding, or alighting from an aircraft
operated under a license for the transportation of passengers for hire; (b)
being struck or run down by an aircraft. If You sustain an Injury which results
in loss of life; actual severance of limb; or entire and irrecoverable loss of
eyesight, speech. or hearing; within 365 days of the date of the accident, the
Insurer will pay the largest applicable amount as follows: the full benefit
amount is paid for loss of life, two hands or two feet, speech and hearing in
both ears, one hand and one foot, sight in both eyes, one hand or one foot and
sight in one eye. One half of the benefit amount is paid for loss of one hand or
one foot, speech, or hearing in both ears, sight of one eye. One forth of the
benefit is paid for loss of the thumb and index finger of the same hand. In no
event will the Insurer pay more than the maximum amount shown on the Schedule of
Coverages and Services for all losses due to the same accident.
Exposure: The Insurer will pay benefits for covered losses
which result from You being unavoidably exposed to the elements due to the
accident.
Disappearance: The Insurer will pay benefits for loss of life
if Your body cannot be located one year after the disappearance of the Common
Carrier in which You were a passenger due to forced landing, stranding, sinking,
or wrecking.
The following coverage is available
provided the required premium has been paid:
Collision Damage Waiver
If You rent while on the Trip, and the car is damaged due to collision, theft,
vandalism, windstorm, fire, hail, flood, or any cause not within Your control
while in Your possession, the Insurer will pay the lesser of: (a) The cost of
repairs and rental charges imposed by the rental company while the car is being
repaired; or (b) The Actual Cash Value of the car, meaning purchase price less
depreciation; or (c) The amount shown on the Schedule.
Coverage is provided to You, provided You or your Traveling Companions are
licensed drivers, and are listed on the rental agreement.
The following services are not part of a filed insurance policy. All benefits provided are service benefits, not financial benefits. Any costs associated with benefits not purchased will be paid by the named Insured. Non-insurance services provided through Travel Guard® Assist are provided by Travel Guard®
TRAVEL GUARD® ASSIST
24-Hour Medical Assistance
24-Hour Medical Monitoring: Physicians monitor the Insured's
condition by maintaining close contact with the attending Physicians, his/her
family Physician, and Immediate Family Members.
Medical Evacuation: Arrangements for any and all means
necessary to transport the Insured back home when medically necessary.
Emergency Medical Payments: If a Hospital demands a cash
deposit or settlement prior to leaving, Travel Guard will assist in arranging
the advancement of funds to cover on-site Medical Expenses.
Prescription Assistance: Replacement of lost or stolen
medication, through a local pharmacy or special courier.
Transportation of Dependents: In the event of hospitalization,
arrangements will be made for unattended minors traveling with the Insured to be
flown home.
Family Visit: If the Insured is hospitalized for ten or more
days, Travel Guard will arrange transportation for an Immediate Family Member or
close friend to visit him/her.
Transportation of Mortal Remains: In the event of death while
traveling, arrangements and payment for the return of remains to the place of
burial.
24-Hour Legal Assistance
In a legal emergency, referral to a local legal advisor and advance
of funds for bail and legal fees.
24-Hour Travel Assistance
Travel Documents Assistance: Travel Guard will help retrieve,
report, and reissue lost or stolen travel documents.
Emergency Cash Transfer: Travel Guard will, whenever possible,
coordinate with the Insured and a wire agency, in obtaining funds in local
currency for medical or travel emergencies.
Emergency Message Center: Transmission of emergency messages to
family and business associates.
Interpretation Services: Travel Guard will
provide emergency language support or referral to the appropriate local
services.
24-HOUR LIVETRAVEL ASSISTANCE
Provides 24-hour assistance for emergency travel needs. Allows you to make
emergency travel changes such as rebooking flights, making hotel reservations,
tracking lost luggage, and replacing lost credit cards. Call 1-800-826-8597 for
assistance.
Live Messaging — Relay of e-mail or phone message to family, friends,
or business associates.
Emergency Cash Transfer — Assistance in coordinating an emergency cash
advance.
Pre-trip Travel Advice — Around-the-clock access to passport, visa,
inoculation, and vaccine requirements; travel advisories; embassy and consulate
contacts; travel health advisories; weather and currency information — all for
the Insured's planned Destination.
NOTE: Problems of distance, information and communication make it
impossible for Arch Insurance Insurer to Travel Guard to assume any
responsibility for the availability, quality, use or result of any emergency
service. In all cases, You are still responsible for obtaining, using and paying
for Your own required services of all types.
Satisfaction Guarantee — Travel Guard is committed to providing
products and services that will exceed expectations. If You are not completely
satisfied, You can receive a refund of the premium, minus the service fee.
Requests must be submitted to Travel Guard in writing within 15 days of the
effective date of the Policy, provided it is not past the original departure
date.
PRE-EXISTING CONDITIONS
Pre-Existing Conditions means the Insurer will not pay under any
coverage in Part A for any claims arising from an injury, sickness, or other
condition of Yourself, a Traveling Companion, or a Family Member within the
180-day period before Your coverage began under this protection plan which: (a)
first manifested itself or exhibited symptoms which would have caused one to
seek diagnosis, care, or treatment; (b) required taking prescribed drugs or
medicine unless the condition for which the prescribed drugs or medicine is
taken remains controlled without any change in the required prescription; (c)
required medical treatment or treatment was recommended by a Physician.
EXCLUSIONS
The following exclusions apply to Part A and AD&D Common Carrier coverage in Part C. This plan does not cover any loss caused by or resulting from:
The following exclusions
apply to Baggage/Personal Effects and Baggage Delay Coverages only in Part B:
ANY LOSS OR DAMAGE TO: animals; automobiles and their equipment; boats;
trailers; motors; motorcycles; other conveyances and their equipment (except
bicycles while checked as baggage with a Common Carrier); household effects and
furnishings; antiques and collectors items; eyeglasses, sunglasses, and contact
lenses; artificial teeth and dental bridges; hearing aids; prosthetic limbs;
keys, money, securities, and documents; tickets; credit cards; professional or
occupational equipment or property; and personal computers.
ANY LOSS CAUSED BY OR RESULTING FROM:
Breakage of brittle or fragile articles; wear and tear, gradual deterioration;
insects or vermin; inherent vice or damage; confiscation or expropriation by
order of any government; radioactive contamination; war or any act of war
whether declared or not; theft or pilferage while left unattended in any
vehicle; mysterious disappearance; property illegally acquired, kept, stored, or
transported; insurrection or rebellion; imprudent action or omission; and
property shipped as freight or shipped prior to the scheduled departure date.
The following exclusions apply to Collision Damage Waiver Coverage only in Part
D:
The
following duties in the event of loss apply to Collision Damage Waiver:
You must provide the Insurer all documentation such as rental agreement, police report, and damage estimate.
All claims of California
residents will be administered by Mercury Administrator Services, LLC.
All accident, health and life claims will be administered by Mercury
Claims of WI, LLC in those states where it is licensed.
To facilitate prompt claims settlement:
TRIP CANCELLATION CLAIMS: IMMEDIATELY Call Travel Supplier and the Claims
Administrator to report Your cancellation and avoid non-covered expenses due to
late reporting. The Claims Administrator will then advise You on how to obtain
the appropriate form to be completed by You and the attending Physician.
INTERRUPTION: Obtain medical statements from the doctors in attendance in
the country where Sickness or accident occurred. These statements should give
complete diagnosis, stating that the Sickness or accident prevented traveling on
dates contracted. Provide all unused transportation tickets, official receipts,
etc.
BAGGAGE: Obtain a statement
from the Common Carrier that your luggage was delayed or a police report showing
Your luggage was stolen along with copies of receipts for your purchases.
TO OBTAIN CLAIM FORMS AND ANY ADDITIONAL INFORMATION ON HOW TO REPORT A
CLAIM, CALL OR WRITE THE PLAN ADMINISTRATOR AND REFER TO PRODUCT 007783.
FOR
PLAN INQUIRIES OR INFORMATION ON FILING A CLAIM PLEASE CONTACT THE PLAN
ADMINISTRATOR AT:
Travel Guard
1145 Clark Street
Stevens Point, WI 54481
1.800.826.4117
or
direct dial 1.715.345.0500
CONTRACT.
The Policy, applications, riders, and endorsements, if any, make up the entire
contract. No change in the Policy is valid unless it is signed by an executive
officer of the Insurer. No agent has the power to change this Policy.
RECORDS. As required by the Insurer, the Participating
Organization must keep a record of the insurance for all Insureds. The Insurer
can inspect these records while coverage is in effect and for one year after it
ends or until final adjustment and settlement of claims hereunder, whichever is
later.
CLERICAL ERRORS. The Insurer will not deny or cancel coverage
on an Insured because of clerical error by the Participating Organization or by
the Insurer. After an error is found, the Insurer will take appropriate action.
This may include adjusting, collecting, or refunding premium.
CONTESTING THIS POLICY. The Insurer relies on statements made
by the Participating Organization in the application. If there is no fraud, the
Participating Organization's statements: (a) are considered representations and
not warranties; and (b) will not be used to void the Policy or reduce any claim.
The Insurer will not contest the Policy after it has been in effect for two (2)
years, except for fraud.
LEGAL ACTIONS. No legal action for a claim can be brought
against us until sixty (60) days after we receive proof of loss. No legal action
for a claim can be brought against us more than two (2) years after the time
required for giving proof of loss.
CONTROLLING LAW. Any part of this Policy that conflicts with
the state law where the Policy is issued is changed to meet the minimum
requirements of that law.
MISREPRESENTATION AND FRAUD. Coverage as to an Insured shall be
void if, whether before or after a loss, the Insured has concealed or
misrepresented any material fact or circumstance concerning this Policy or the
subject thereof, or the interest of the Insured therein, or if the Insured
commits fraud or false swearing in connection with any of the foregoing.
SUBROGATION. To the extent the Insurer pays for a loss suffered
by an Insured, the Insurer will take over the rights and remedies the Insured
had relating to the loss. This is known as subrogation. The Insured must help
the Insurer to preserve its rights against those responsible for the loss. This
may involve signing any papers and taking any other steps the Insurer may
reasonably require. If the Insurer takes over an Insured's rights, the Insured
must sign an appropriate subrogation form supplied by the Insurer.
ASSIGNMENT. This Policy is not assignable but benefits may be
assigned.
CANCELLATION AND NON-RENEWAL.
Cancellation by the Participating Organization or Insured:
The Participating Organization or Insured has the right to cancel this Policy at
any time by giving advance notice to the Insurer (stating when thereafter the
cancellation shall be effective).
Cancellation by the
Insurer:
The Insurer has the right to cancel this policy at any time and for any reason
within the first sixty (60) days. The Insurer will mail all notice of
cancellation thirty (30) days prior to the effective date of cancellation on a
policy which has been in force sixty (60) days or less. A specific explanation
for cancellation will be given. On a policy which has been in force sixty-one
(61) days or more, the Insurer will mail advance notice of cancellation sixty
(60) days prior to cancellation.
After this Policy has been in effect for sixty (60) days, it may be cancelled
only for one of the following reasons: (a) Non-payment of premium; (b) The
Policy was obtained through a material misrepresentation; (c) Any Participating
Organization or Insured violating any of the terms and conditions of the Policy;
(d) The risk originally accepted has measurably increased; (e) Certification to
the Director of the loss of reinsurance by the insurer which provided coverage
to the Insurer for all or a substantial part of the underlying risk insured; (f)
A determination by the Director that the continuation of the policy could place
the Insurer in violation of the insurance laws of this state.
All notices of cancellation will be mailed to the last mailing address known by
the Insurer for the named Participating Organization or Insured.
The Insurer will mail all notices of cancellation for nonpayment of premium ten
(10) days in advance prior to cancellation.
Non-renewal by the Insurer:
The Insurer has the right to non-renew this Policy effective on any
annual policy anniversary date. All notices of non-renewal will be mailed to the
Participating Organization or Insured at the last mailing address known to the
Insurer, at least sixty (60) days prior to the effective date of non-renewal and
shall provide a specific explanation of the reasons for non-renewal.
POLICY TERM. The period beginning on the effective date and
continuing for a period indicated in the Policy. The Policy term shall
automatically renew continuously for successive one-year periods (Policy
anniversary date) thereafter until cancelled or non-renewed pursuant to the
terms of this Policy.
WHEN AN INSURED'S COVERAGE BEGINS. All coverage (except Trip
Cancellation) will take effect at 12:01 A.M. local time, at the location of the
Insured, on the Scheduled Departure Date provided: (a) coverage has been
elected; and (b) the required premium has been paid.
Trip Cancellation coverage will take effect at 12:01 A.M. local time at the
location of the Insured, on the date the required premium for such coverage is
received by the Insurer or its authorized representative.
WHEN AN INSURED'S COVERAGE ENDS. An Insured's coverage will end
at 11:59 P.M. local time on the date which is the earliest of the following: (a)
the date the Policy is terminated, unless the Insured purchased insurance prior
to the date of termination; (b) the Scheduled Return Date as stated on the
travel tickets; (c) the date the Insured returns to his/her origination point if
prior to the Scheduled Return Date; (d) the date the Insured leaves or changes
his/her Covered Trip (unless due to unforeseen and unavoidable circumstances
covered by the Policy); (e) the time the Policy terminates; (f) If the Insured
extends the return date, coverage will terminate at 11:59 P.M., local time, at
the location of the Insured on the Scheduled Return Date; (g) The date the
Insured cancels their Covered Trip; (i) Any Trip that exceeds 365 days.
EXTENDED COVERAGE. All coverage under the policy will be
extended, if: (a) the Insured's entire Trip is covered by the policy; and (b)
the Insured's return is delayed by covered reasons specified under Trip
Cancellation and Interruption or Travel Delay. If coverage is extended for the
above reasons, coverage will end on the earlier of: (a) the date the Insured
reaches his/her Return Destination; or (b) seven (7) days after the date the
Trip was scheduled to be completed.
PREMIUMS. The Insurer provides insurance in return for premium
payments. Premium must be remitted on behalf of the Insureds to the Insurer or
to its authorized representative.
AMOUNT OF PREMIUM. The amount of premium due from the
Participating Organization is calculated by multiplying the number of Insureds
in each class by the amounts due for the benefits for that class and adding the
total amounts due for each class.
The amount of premium due for each Insured is obtained by adding the total rate
charged for each benefit provided for that Insured.
MODE OF PREMIUM. Insured:
The required premium must be paid to the Participating Organization or its
authorized representative prior to the Scheduled Departure Date of the Covered
Trip.
Participating Organization: The Participating
Organization will pay the premium according to the schedule noted in the travel
protection policy application.
PREMIUM RATE CHANGE. The Insurer has the right to change
premium rates on any premium due date. The Insurer will give the Participating
Organization thirty-one (31) days advance notice in writing of any such change.
The Insurer can also change the rates when any change affecting rates is made in
the Policy.
ARBITRATION. Notwithstanding anything in this Policy to the
contrary, any claim arising out of or relating to this contract, or its breach,
will be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial rules except to the extent
provided otherwise in this clause. Judgment upon the award rendered in such
arbitration may be entered in any court having jurisdiction thereof. All fees
and expenses of the arbitration shall be borne by the parties equally. However,
each party will bear the expense of its own counsel, experts, witnesses, and
preparation and presentation of proofs. The arbitrators are precluded from
awarding punitive, treble or exemplary damages, however so denominated. If more
than one Insured is involved in the same dispute arising out of the same Policy
and relating to the same loss or claim, all such Insureds will constitute and
act as one party for the purposes of the arbitration. Nothing in this clause
will be construed to impair the rights of the Insureds to assert several, rather
than joint, claims or defenses. This section does not apply to Kansas
residents.
CLAIMS. Death claims will be paid to the Insured's estate, unless we
receive a written request from the Insured designating a named beneficiary. All
other claims will be paid to the Insured. In the event the Insured is a minor,
incompetent or otherwise unable to give a valid release for the claim, the
Insurer may make arrangement to pay claims to the Insured's legal guardian,
committee, or other qualified representative.
Any payment made in good faith will discharge the Insurer's liability to the
extent of the claim.
The
Claimant (either the Insured or someone acting for the Insured) must notify the
Insurer or its designated agent in writing about the claim. Correspondence
should be sent to the administrative office, at the address shown on the cover
page of the Policy or the Insurer's designated agent. Such notification should
include the Insured's name, the Participating Organization's name and the Policy
number. The Claimant should notify the Insurer within twenty (20) days after a
covered loss occurs or as soon as reasonably possible.
NOTICE OF CLAIM. Written notice of claim must be given to the
Insurer or its designated representative within twenty (20) days after a covered
loss first begins or as soon as reasonably possible. Notice should include the
Insured's name and Policy number.
PROOF OF LOSS. The Claimant must send the Insurer, or its
designated representative, proof of loss within ninety (90) days after a covered
loss occurs or as soon as reasonably possible.
PAYMENT OF CLAIMS.
The Insurer, or its designated representative, will pay a claim after receipt of
acceptable proof of loss. Benefits for loss of life are payable to Insured's
beneficiary. If a beneficiary is not otherwise designated by the Insured
benefits for loss of life will be paid to the first of the following surviving
preference beneficiaries: a)Your spouse; b) Your child or children jointly: c)
Your parents jointly if both are living or the surviving parent if only one
survives: d) Your brothers and sisters jointly: or e) Your estate.
All other claims will be paid to the Insured. In the event the Insured is a
minor, incompetent, or otherwise unable to give a valid release for the claim,
the Insurer may make arrangement to pay claims to the Insured's legal guardian,
committee, or other qualified representative. All or a portion of all other
benefits provided by this policy may, at the option of the Insurer, be paid
directly to the provider of the service(s). All benefits not paid to the
provider will be paid to the Insured. Any payment made in good faith will
discharge the Insurer's liability to the extent of the claim.
The
applicable benefit amount will be reduced by the amount of benefits, if any,
previously paid by other Insurance Policies. In no event will the Insurer
reimburse the Insured for an amount greater than the amount paid by the Insured.
PHYSICAL EXAMINATION AND AUTOPSY. The Insurer, or its
designated representative, at their own expense, have the right to have the
Insured examined as often as reasonably necessary while a claim is pending. The
Insurer, or its designated representative, also have the right to have an
autopsy made unless prohibited by law.
The following
provisions apply to Baggage/Personal Effects and Baggage Delay coverages only:
NOTICE OF LOSS. If the Insured's property covered under this Policy is
lost, stolen or damaged, the Insured must: (a) notify the Insurer, or its
authorized representative as soon as possible; (b) take immediate steps to
protect, save, and/or recover the covered property; (c) give immediate notice to
the carrier or bailee who is or may be liable for the loss or damage; (d) notify
the police or other authority in the case of robbery or theft within twenty-four
(24) hours.
PROOF OF LOSS. The Insured must furnish the Insurer, or its
designated representative, with proof of loss. This must be a detailed sworn
statement. It must be filed with the Insurer, or its designated representative
within ninety (90) days from the date of loss. Failure to comply with these
conditions shall invalidate any claims under this Policy.
SETTLEMENT OF LOSS. Claims for damage and/or destruction shall
be paid after acceptable proof of the damage and/or destruction is presented to
the Insurer and the Insurer has determined the claim is covered. Claims for lost
property will be paid after the lapse of a reasonable time if the property has
not been recovered. The Insured must present acceptable proof of loss and the
value involved to the Insurer.
VALUATION. The Insurer will not pay more than the actual cash
value of the property at the time of loss. Damage will be estimated according to
actual cash value with proper deduction for depreciation. At no time will
payment exceed what it would cost to repair or replace the property with
material of like kind and quality.
DISAGREEMENT OVER SIZE OF LOSS. If there is a disagreement
about the amount of the loss, either the Insured or the Insurer can make a
written demand for an appraisal. After the demand, the Insured and the Insurer
will each select their own competent appraiser. After examining the facts, each
of the two appraisers will give an opinion on the amount of the loss. If they do
not agree, they will select an arbitrator. Any figure agreed to by 2 of the 3
(the appraisers and the arbitrator) will be binding. The appraiser selected by
the Insured is paid by the Insured. The Insurer will pay the appraiser they
choose. The Insured will share equally with the Insurer the cost for the
arbitrator and the appraisal process.
BENEFIT TO BAILEE. This insurance will in no way inure directly
or indirectly to the benefit of any carrier or other bailee.
Illinois
residents:
The following definitions are revised:
“Accidental Injury” means Bodily Injury caused by an accident being the
direct and independent cause in the loss.
“Bodily Injury” means identifiable physical injury which: (a) is caused by
an Accident, and (b) solely and independently of sickness, disease, or bodily
infirmity, except illness resulting from, or medical or surgical treatment
rendered necessary by such injury, is the direct cause of death or dismemberment
of the Insured within twelve months from the date of the Accident.
Letter (b) is deleted from the definition of "Pre-Existing Conditions"
The following definition is added:
“Intoxication” is that which is defined by the laws of the state where the
loss or cause of loss was incurred.
The following sections are added to General Provisions:
INSURANCE WITH OTHER COMPANIES. If there is other valid
coverage, not with this company, providing benefits for the same loss on other
than an expense-incurred basis and of which this company has not been given
written notice prior to the occurrence or commencement of loss, the only ability
for such benefits under this policy shall be for such proportion of the
indemnities otherwise provided hereunder for such loss as the like indemnities
of which the company had notice (including the indemnities under this policy)
bear to the total amount of all like indemnities for such loss, and for the
return of such portion of the premium paid as shall exceed the pro-rata portion
for the indemnities thus determined.
ARBITRATION. An arbitration provision is not a substitute for a
person's right to maintain a legal action if they so desire; and in no way
affects or limits a person's ability to take legal action in a court of law,
prior to voluntarily agreeing to enter into an arbitration proceeding.
Any controversy or claim arising out of or relating to this contract, or the
breach thereof, may be settled by arbitration. The arbitration will be
conducted pursuant to the applicable rules of the American Arbitration
Association and in accordance with the Uniform Arbitration Act within reasonable
time limit (30 days after the parties agree to arbitrate their dispute is a
reasonable time limit for selecting and appointing independent arbitrators, 15
days is a reasonable time limit for an expedited review provision). The
arbitration may be binding on both parties, but in all instances must
be entered into on a voluntary basis. Arbitrators must be fair impartial,
and free of any conflicts of interest or the appearance of a conflict of
interest.
By voluntarily agreeing to enter into an arbitration proceeding, the parties
should be aware and understand that they may be giving up certain rights to have
their dispute settled in an by a court of law, except to the extent that
Illinois law may provide for judicial review of arbitration proceedings.
TIME PAYMENT OF CLAIMS. Claims payable under this policy shall
begin to be paid in period payments no later than the 30th day after the Insured
received notice of a health care selection. All subsequent payments will be made
in accordance with the monthly periodic cycle.
Failure to pay within such period shall entitle the payee to interest at the
rate of 9% per annum from the 30th day after receipt of such proof of loss to
the date of late payment, provided that interest amounting to less than one
dollar need not be paid. Any required interest payments shall be made within 30
days after the payment.
Exclusion (4) shall read: “War,
invasion, hostilities between nations (whether declared or not), civil war;”
KANSAS RESIDENTS:
The Subrogation provision does not apply to medical, surgical, hospital, or
funeral expenses.
Excess Insurance limitation is revised as follows: “The
company's liability for benefits payable on account of expense incurred, for any
hospitalization, medical surgical, and other services resulting from covered
Injury of the Covered Person, shall be limited to that part of the expense, if
any, which is in excess of the total benefits payable for the same loss, on a
provision of service basis or on an expense incurred basis under any medical or
service contract, self-funded plan, automobile medical payment coverage, or any
plan under federal, state, or local law (except Medicaid). If one or more of the
other policies, plans or service contracts provide benefits on an excess
insurance or an excess coverage basis, benefits should be paid first by the
company or service plan whose policy or service contract has been in effect for
the longer period of time at date of such loss.”
Legal Actions is revised as follows: “No legal action for a
claim can be brought against us more than five (5) years after the time required
for giving proof of loss.”
A Claim Forms provision was added: “The Company, upon receipt
of a notice of claim, will furnish to the claimant such forms as are usually
furnished by it for filing proofs of loss. If such forms are not furnished
within 15 days after the giving of such notice the claimant shall be deemed to
have complied with the requirements of this policy as to proof of loss upon
submitting within the time fixed in the policy for filing proofs of loss,
written proof covering the occurrence, the character and the extent to the loss
for which claim is made.”
A Time of Payment of Claims provision was added to the policy:
“Indemnities payable under this policy for any loss other than loss for which
this policy provides any periodic payment will be paid immediately upon receipt
of due written proof of such loss. Subject to due written proof of loss, all
accrued indemnities for loss for which this policy provides periodic payment
will be paid monthly, and any balance remaining unpaid upon the termination of
liability will be paid immediately upon receipt of due written proof.”
A definition of “Usual, Customary, and Reasonable” was added to the
Policy: “charges commonly used by Physicians in the locality in which
care is furnished, as determined by the Administrator's database (Ingenix,
Medicaid, other) and updated at least every 6 months.”
MARYLAND RESIDENTS:
If this policy is financed by a premium finance company and we (the insurer) or
the premium finance company or the first named Insured cancels the policy, the
refund will be pro rata excluding any expense constant, administrative fee, or
nonrefundable charge filed with and approved by the insurance commissioner.
Legal Actions provision in the policy was revised to provide 3 years (not 2) for
an insured to file a legal action against the insurance company.
The Cancellation and Nonrenewal provision in the policy is revised to provide at
least 45 days notice of cancellation by the company for any reason other than
non-payment of premium. The provision is also revised to state that “All
notices will be sent to the insured by certificate of mailing.”
MISSOURI RESIDENTS:
“Bodily Injury” means identifiable physical injury which: (a) is
caused by an Accident, and (b) solely and independently of sickness, disease or
bodily infirmity, except illness resulting from, or medical or surgical
treatment rendered necessary by such injury, is the direct cause of death or
dismemberment of the Insured within twelve months from the date of the Accident.
Subrogation is not permitted in Missouri.
NEW YORK RESIDENTS:
Subrogation is limited to situations in which the settlement or judgment
received from a third party specifically identifies or allocates monetary sums
directly attributable for expenses which the insurer paid benefits.
The following exclusions are deleted: (8) Participation as a
professional in athletics or underwater activities; (9) Being under the
influence of drugs or intoxicants, unless prescribed by a Physician, unless
results in the death of a non-traveling immediate Family Member; (10) Commission
or the attempt to commit a criminal act; (11) Participating in skydiving;
hang-gliding; parachuting; mountaineering; any race; bungee cord jumping; and
speed contest; (15) Curtailment or delayed return for other than covered
reasons.
"Domestic Partner” means a person who has registered as
a domestic partner in a municipality that requires such registration or has
provided Us with a signed and notarized Affidavit of Partnership in municipality
that do not require such registration. The
Affidavit will attest to the following:
a. Each person is 18 years of age
or older and is mentally competent to consent to contract,
b. Neither one is married to or legally separated from anyone else,
c. They are not related by blood in a manner that would bar marriage under the
laws of the state of New York,
d. They have been living together
on a continuous basis prior to the date of application, AND
e. Neither individual has been registered as a member of another domestic
partnership within the last six months.
OREGON RESIDENTS:
Trip Cancellation (c) is revised to read as follows: “A politically
motivated Terrorist Attack outside the United States unless You deliberately
traveled to such destination after the United States Government issued a “do
not travel” advisory for such destination.”
Trip Interruption (c) is revised to read as follows: If there is a politically
motivated Terrorist Attack in the city of Your program; coverage is provided for
the cost of an economy one-way coach ticket not to exceed $250, for the
additional transportation required returning the Covered Person back to the city
of departure. Once the program has begun, there is no provision for recovery of
transportation, tuition, room and board, or other fees;
Exclusion #4 Is revised to read: “War or act of war (whether declared or
not);”
The following General Provisions sections are deleted: Records, Clerical Errors,
Contesting This Policy, Legal Actions, Controlling Law, Cancellation and
Non-Renewal, Policy Term, Premium, Amount of Premium, Mode of Premium, Premium
Rate Change, and Claims.
The following General Provisions sections have been revised:
MISREPRESENTATION AND FRAUD. All statements and descriptions in
any enrollment form for this Policy by or in behalf of You or any other Insured,
shall be deemed to be representations and not warranties. Misrepresentations,
omissions, concealments of facts, and incorrect statements shall not prevent a
recovery under the Policy unless the misrepresentations, omissions, concealments
of facts, and incorrect statements: (a) Are contained in a written statement for
the insurance policy, and a copy of such statement is attached to the insurance
policy when issued; (b) Are shown by the Insurer to be material, and the Insurer
also shows reliance thereon; and (c) Are either fraudulent or material either to
the acceptance of the risk or to the Hazard assumed by the Insurer.
ARBITRATION. Notwithstanding anything in this Policy to the
contrary, any claim arising out of or relating to this contract, or its breach,
may be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial rules except to the extent
provided otherwise in this clause. Arbitration is by mutual consent by all
parties and Oregon courts will have jurisdiction over such arbitration. All fees
and expenses of the arbitration shall be borne by the parties equally. However,
each party will bear the expense of its own counsel, experts, witnesses, and
preparation and presentation of proofs. The arbitrators are precluded from
awarding punitive, treble or exemplary damages, however so denominated. If more
than one Covered Person is involved in the same dispute arising out of the same
Policy and relating to the same loss or claim, all such Covered Persons will
constitute and act as one party for the purposes of the arbitration. Nothing in
this clause will be construed to impair the rights of the Covered Persons to
assert several, rather than joint, claims or defenses.
NOTICE OF CLAIM: Written notice of claim must be given by the
Claimant (either You or someone acting on Your behalf) to the Insurer or its
designated representative within fifteen (15) days after a covered loss first
begins or as soon as reasonably possible. Notice should include Your name and
the Plan Number. Notice should be sent to the Insurer's administrative office,
at the address shown on the cover page of the Policy, or to the Insurer's
designated representative.
DISAGREEMENT OVER SIZE OF LOSS: If there is a disagreement
about the amount of the loss, either You or the Insurer can make a written
demand for an appraisal. Such request for appraisal will be by mutual consent
and take place in Oregon according to Oregon law. After the demand, You and the
Insurer will each select Your own competent appraiser. After examining the
facts, each of the two appraisers will give an opinion on the amount of the
loss. If they do not agree, they will select an arbitrator. Any figure agreed to
by 2 of the 3 (the appraisers and the arbitrator) will be binding. You pay for
the appraiser selected by You. The Insurer will pay the appraiser they choose.
You will share equally with the Insurer the cost for the arbitrator and the
appraisal process.
TEXAS RESIDENTS:
The Legal Actions provision is revised to permit suits against the
insurers within 2 years and one day after the loss.
The Cancellation and Nonrenewal provision is revised so that it states “The
Insurer cannot cancel or refuse to renew a policy or contract of insurance based
solely on the fact that the policyholder in question is an elected official.”
The following definitions are revised as follows:
“Pre-Existing Condition” means any injury, sickness, or condition of the
Insured, Traveling Companion, and the Insured's and/or Traveling Companion's
Family Member for which within the sixty (60) day period prior to the effective
date under this Policy required taking prescribed drugs or medicine, unless the
condition for which the prescribed drug or medicine is taken remains controlled
without any change in the required prescription or required medical treatment or
treatment was recommended by a Physician. The Pre-Existing Conditions exclusion
is waived if the Insured enrolls in this Policy at the time the Insured pays the
deposit required for their Trip (or within 15 days of the initial deposit) and
the Insured purchases this Policy for the full cost of their Trip.
“Physician” means a licensed practitioner of medical, surgical, the healing
arts, or dental services acting within the scope of his/her license. The
treating Physician may not be the Insured, a Traveling Companion, or a Family
Member.
Plan is designed by Travel Guard International.
This Insurance, under Policy #AIC-TRVL-P
(2/03) is underwritten by: Arch Insurance Company, One Liberty Plaza, New York,
NY 10006.
Policy terms and conditions are briefly outlined in this Description of
Coverage. Complete provisions pertaining to this insurance are contained in the
Master Policy on file with American Group Travel Trust, BankNewport as Trustee.
The use of a Trustee is not permitted In Kansas or New York. In the event of any
conflict between this Description of Coverage and the Master Policy, the Policy
will govern.
24-Hour
Emergency Assistance
Telephone Numbers
Continental USA 1.800.826.1300
International
1.715.345.0505
Livetravel 24-hour Assistance 1.800.826.8597
Be sure to use the appropriate country and city codes when calling.
—KEEP THESE NUMBERS WITH YOU WHEN YOU TRAVEL—
Product Code = 007783
07/04 ©TRAVEL GUARD® International Revision
= 09/04
AIC-TRVL-P