|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 reasonable 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 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; (h) When the Insured is less than 100 miles from their primary residence; (i) Any Trip that exceeds 365 days.
EXTENDED COVERAGE. Coverage will be extended under the following conditions: (a) When the Insured commences air travel from his/her origination point: within seven (7) days before the commencement of the Land/Sea Arrangements, coverage shall apply from the time of departure from the origination point; or (ii) greater than seven (7) days before the commencement of the Land/Sea Arrangements, the extension of coverage shall be provided only during his/her air travel; (b) If the Insured returns to his/her origination point: within seven (7) days after the completion of the Land/Sea Arrangements, coverage shall apply until the time of return to the origination point; or (ii) greater than seven (7) days after the completion of the Land/Sea Arrangements, the extension of coverage shall be provided only during his/her air travel and (c) If the Insured is a passenger on a scheduled common carrier which is unavoidably delayed in reaching the final destination coverage will be extended for the period of time needed to arrive at the final destination.
In no event will coverage be extended for unscheduled extensions to the Insured’s Covered Trip for which premium has not been paid in advance.
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 with 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 reasonable 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.