Charges & Financial Obligations · Company commitment
Identity theft recovery reimburses restoration expenses up to $1,000,000
The overview says victims of identity theft can be reimbursed for expenses incurred in restoring their identity, up to $1,000,000. The Schedule for the Surfshark One+ program shows the same $1,000,000 figure for Identity Theft Recovery and a $1,000,000 Member Annual Aggregate Limit. This is a reimbursement of listed, qualifying expenses, not a payment of lost money: the covered costs are the ones the definition of identity theft costs lists, and only if the coverage requirements, exclusions and conditions later in the document are met.
Supporting quotations
Victims of an identity theft can get reimbursed for expenses incurred in the process of restoring their identity, up to $1,000,000.
Identity Theft Recovery | $1,000,000
Member Annual Aggregate Limit | $1,000,000
Qualifications & exceptions
The overview is a marketing-style summary; the later definitions, exclusions, limits and conditions control what is actually reimbursed.
The $1,000,000 Identity Theft Recovery limit sits under a $1,000,000 Member Annual Aggregate Limit that covers all coverages together.
Not stated here
The overview does not say who counts as a victim beyond a person who suffers identity theft; the Member definition and the Washington residence exclusion appear later in the document.
Charges & Financial Obligations · Company commitment
Overview lists six kinds of recovery expense, with caps on three
The overview lists these eligible expenses: credit bureau reports; replacement of documents, application fees, notaries and postage; legal fees necessary to undo the negative effects of the identity theft; lost wages and child or elder care for time taken to address the identity theft (up to $5,000); mental health counseling (up to $1,000); and other miscellaneous expenses (up to $1,000). Later text ties the caps to the definition of identity theft costs: lost wages and child and elder care share one sublimit, and that sublimit and the counseling sublimit are part of, not on top of, the Identity Theft Recovery limit. Wages and care costs and counseling costs must be incurred within 12 months after the Member first discovers the stolen identity event. Counseling must come from a licensed mental health professional who is not a relative of the Member.
Supporting quotations
Credit bureau reports
Replacement of documents, application fees, notaries, postage
Legal fees necessary to undo the negative effects of the identity theft
Lost wages and child/elder care for time taken to address the identity theft (up to $5,000)
Mental health counseling (up to $1,000)
Other miscellaneous expenses (up to $1,000)
Item e. (Lost Wages) and item f. (Child and Elder Care Expenses) of the definition of identity theft costs are jointly subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit. Coverage is limited to wages lost and costs incurred within 12 months after the first discovery of the stolen identity event by the Member.
Coverage is limited to costs incurred within 12 months after the first discovery of the stolen identity event by the Member.
Costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the Member
Qualifications & exceptions
The overview is a summary list; the definition of identity theft costs later in the document states each cost with its own conditions.
The overview does not mention that the caps are inside, not additional to, the $1,000,000 Identity Theft Recovery limit.
Not stated here
The overview does not say whether the 12-month window in the limits text also applies to the other listed expenses.
Account & Service Control · Company commitment
Overview offers access to a licensed identity theft investigator; Schedule lists 12 months of case management
The overview says victims are given access to a licensed identity theft investigator who can provide professional assistance and guide them through correcting their credit history or identity records, and that investigators can do the majority of the work required to restore an identity on a victim's behalf. The Schedule for this program lists a Case Management Service of 12 months. A text search of the document finds the word "investigator" only in this overview sentence.
Supporting quotations
Additionally, victims are given access to a licensed identity theft investigator who can provide professional assistance and guide them through the process to correct their credit history or identity records. Investigators can do the majority of the work required to restore an identity on a victim’s behalf, providing peace of mind.
Case Management Service | 12 months
Qualifications & exceptions
The overview says investigators can do "the majority of the work required to restore an identity"; it is a promotional description, not a stated service level.
Not stated here
This section does not say how the overview's licensed investigator relates to the Schedule's Case Management Service, or what the 12 months measures (for example from enrollment or from discovery of an event).
Legal Rights & Agreement Rules · Restriction or exception
This summary does not replace the group policy, which holds all terms and exclusions
This document is only a summary of the benefits you receive as a customer of Cyber Protection Insurance Services Inc., the policyholder of a group policy. Benefits vary with the specific service package you are enrolled in, additional terms and conditions apply, a copy of the policy is available on request, and the full policy controls all terms, conditions and exclusions. Your entitlement to benefits under the group policy ends when your enrollment in any Insured Program ends. The overview points readers to this Summary of Benefits for more detail on the Identity Protection Benefits.
Supporting quotations
Please review the following Summary of Benefits for additional details on your Identity Protection Benefits.
This Summary of Benefits document provides only a summary of the benefits entitled to you as a customer of Cyber Protection Insurance Services Inc., the policyholder of a group policy (“the policy”). Based on the specific service package you are enrolled in, benefits may vary, as outlined below. This is a summary only. Additional terms and conditions apply. A copy of the policy will be made available upon request. Refer to the full policy for all terms, conditions, and exclusions. Your entitlement to benefits under the group policy will terminate upon termination of your enrollment in any Insured Program.
The document carries the form identifier "SIE SBS WA 09 25" and a 2025 copyright line for HSB Specialty Insurance Company.
Not stated here
The group policy itself is not supplied, so terms outside this summary cannot be read here.
The document states no effective date or policy period; it does not say what "09 25" in the form identifier means.
The document does not say how a copy of the policy is requested.
Legal Rights & Agreement Rules · Restriction or exception
Washington surplus lines notice: not protected by the state guaranty association
The document states that the contract is registered and delivered as surplus line coverage under the Washington insurance code, Title 48 RCW, and that it is not protected by any Washington state guaranty association law. The notice is followed by the name "Corey Dunbar, HSB Associates, Inc."
Supporting quotations
This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law. Corey Dunbar, HSB Associates, Inc.
Qualifications & exceptions
The text only names the person and company after the notice and does not state a role.
Not stated here
The document does not say what role Corey Dunbar or HSB Associates, Inc. has.
Title 48 RCW is cited by name only and is not supplied.
Legal Rights & Agreement Rules · Context
Insurer is HSB Specialty Insurance Company; provider and policyholder is Cyber Protection Insurance Services Inc.
The Schedule names HSB Specialty Insurance Company, of Hartford, Connecticut, as the Insuring Company; the "we", "us" and "our" in the benefits text refer to it. It names Cyber Protection Insurance Services Inc., of Phoenix, Arizona, as the Provider, the entity that provides the insured program. The introductory text calls the same company the policyholder of the group policy. Surfshark appears in the document only as part of the insured program name; the document does not name Surfshark as a party to the policy.
Supporting quotations
HSB Specialty Insurance Company
One State Street, P.O. Box 5024, Hartford, Connecticut 06102-5024
Cyber Protection Insurance Services Inc.
20860 N. Tatum Blvd., Suite 300, Phoenix, AZ 85050
Cyber Protection Insurance Services Inc., the policyholder of a group policy
Provider means the entity providing the insured program and shown as the Provider in the Schedule of this Summary of Benefits.
Not stated here
The document does not say what relationship Surfshark has to the provider or the policyholder.
Account & Service Control · Context
Schedule covers one program, Surfshark One+, with coverage type Individual
The Schedule lists a single insured program, Surfshark One+, with coverage type "Individual". The insured program is defined as the package of products or services provided by the provider and shown in the Insured Programs section of the Schedule. The coverages and limits in the Schedule apply to that program.
Supporting quotations
Insured Program Name | Surfshark One+
Coverage Type | Individual
Insured program means the package of products and/or services provided by the provider and shown under the Insured Programs section of the Schedule of this Summary of Benefits.
Not stated here
The Schedule does not define "Individual". The Member definition adds household members only if the program includes coverage for family members, and the Schedule does not say whether it does.
Charges & Financial Obligations · Company commitment
Schedule: case management for 12 months and Identity Theft Recovery with listed sublimits
For Surfshark One+ the Schedule includes a Case Management Service of 12 months and Identity Theft Recovery of $1,000,000. Within that recovery coverage it shows Legal Costs as "Included" with no separate dollar amount, Lost Wages and Child and Elder Care Expenses at $5,000, Mental Health Counseling at $1,000 and Miscellaneous Unnamed Costs at $1,000. The Limits section says these sublimits are part of, and not in addition to, the Identity Theft Recovery limit. The "Coverage Aggregate Limits" row has no value of its own.
Supporting quotations
Coverage Aggregate Limits
Case Management Service | 12 months
Identity Theft Recovery | $1,000,000
Legal Costs | Included
Lost Wages and Child and Elder Care Expenses | $5,000
Mental Health Counseling | $1,000
Miscellaneous Unnamed Costs | $1,000
This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit.
Qualifications & exceptions
Legal costs are subject to a sublimit "shown in the Schedule"; the Schedule shows "Included" rather than an amount.
Not stated here
The Schedule does not say what limit applies to legal costs other than that they are included inside the Identity Theft Recovery limit.
Charges & Financial Obligations · Restriction or exception
Seven coverages are listed as Not Included for this program
The Schedule marks Cyber Attack, Cyber Extortion, Online Fraud Reimbursement, Online Scams, Cyberbullying, Home Title Fraud and Data Breach as "Not Included" for Surfshark One+. The document still contains definitions and coverage text for these coverages. The definition of stolen identity event includes events of these kinds only to the extent that the corresponding coverages are included in the insured program, so for this program the Schedule is the place to see which coverages are actually provided.
Supporting quotations
Cyber Attack | Not Included
Cyber Extortion | Not Included
Online Fraud Reimbursement | Not Included
Online Scams | Not Included
Cyberbullying | Not Included
Home Title Fraud | Not Included
Data Breach | Not Included
but only to the extent that such corresponding coverages are included in the insured program
Not stated here
The document does not say outright that every provision about a not-included coverage is inoperative for this program.
Charges & Financial Obligations · Restriction or exception
Schedule shows a $1,000,000 Member Annual Aggregate Limit under "Member Details"
Under the "Member Details" heading the Schedule shows a Member Annual Aggregate Limit of $1,000,000. This is the Schedule figure that the Limits section later describes as the most the insurer pays for one Member in one policy period across all coverages; the Limits section is read with its own cards. The Schedule section read here has no deductible row.
Supporting quotations
Member Details
Member Annual Aggregate Limit | $1,000,000
Not stated here
The document does not state the policy period dates.
Legal Rights & Agreement Rules · Context
"We", "us" and "our" mean the Insuring Company, and paragraph titles do not change coverage
In this Summary of Benefits, "we", "us" and "our" refer to the Insuring Company named in the Schedule. Titles given to paragraphs are only there to help find provisions; they do not grant, define or restrict coverage. A reader should therefore rely on the operative text under a title rather than on the title itself.
Supporting quotations
The words “we”, “us” and “our” refer to the Insuring Company shown in the Schedule of this Summary of Benefits. Titles given to paragraphs throughout this Summary of Benefits are for assistance in finding applicable provisions. Titles do not grant, define or restrict coverage.
Security & Safeguards · Restriction or exception
Computing devices and connected home devices must be owned or leased and controlled by a Member
A computing device is a desktop, laptop or tablet computer, or a Wi-Fi router or other internet access point. A connected home device is any other electronic device that connects to the internet or other electronic devices, including networked smart phones, thermostats, entertainment systems, appliances, smoke, fire and home security monitoring systems, and cameras (the list is not exhaustive). For both, the device must be owned or leased by a Member and operated under the Member's control. These definitions feed the cyber attack, cyber extortion, online scam and fraud event definitions.
Supporting quotations
Computing device means a desktop, laptop or tablet computer or Wi-Fi router or other internet access point. Such device must be owned or leased by a Member, as well as operated under the Member's control.
Connected home device means any electronic device, other than a computing device, that connects to the internet or to other electronic devices. This includes, but is not limited to, networked versions of any of the following:
a. Smart phones;
b. Thermostats;
c. Entertainment systems;
d. Appliances;
e. Smoke, fire and home security monitoring systems; or
f. Cameras.
Such device must be owned or leased by a Member, as well as operated under the Member's control.
Qualifications & exceptions
The connected home device list is introduced by "includes, but is not limited to", so it is illustrative.
Security & Safeguards · Context
Cyber attack means unauthorized access or malware on a covered device; cryptojacking is one kind
A cyber attack event is one of two things involving a computing device or connected home device: (a) unauthorized access or use, meaning someone gains access to a Member's device or system without authorization or for unauthorized purposes, or (b) a malware attack, meaning damage to a Member's device, system or data from malicious code such as viruses, worms, Trojans, spyware and keyloggers. Malware damage does not include damage from shortcomings or mistakes in legitimate code, or from code installed during manufacturing. A cryptojacking event is a cyber attack carried out to mine cryptocurrency that causes the Member to incur utility bill overage expenses. The definition of stolen identity event counts a cyber attack event only to the extent that cyber attack coverage is included in the insured program.
Supporting quotations
Cyber attack event means one of the following involving a computing device or connected home device:
a. Unauthorized Access or Use – meaning the gaining of access to a Member's device or system by an unauthorized person or persons or by an authorized person or persons for unauthorized purposes.
b. Malware Attack – meaning damage to a Member's device, system or data arising from malicious code, including viruses, worms, Trojans, spyware and keyloggers. This does not mean damage from shortcomings or mistakes in legitimate electronic code or damage from code installed on the Member's computer system during the manufacturing process.
Cryptojacking event means a cyber attack event carried out for the purpose of mining cryptocurrency that causes a Member to incur utility bill overage expenses.
but only to the extent that such corresponding coverages are included in the insured program
Qualifications & exceptions
The Schedule card for this program lists Cyber Attack as Not Included.
Charges & Financial Obligations · Restriction or exception
Cyber extortion means a money demand based on a threat to, or an offer to restore, a Member's device or data
A cyber extortion event involving a computing device or connected home device is either (a) a demand for money or other consideration based on a credible threat to damage, disable, deny access to or disseminate content from a Member's device, system or data, or (b) a demand based on an offer to restore access or functionality in connection with an attack on them. Cyber extortion response costs are payments made as directed in response to such an event, but only when they are incurred as a direct result of an extortion event directed against a Member and approved in advance by the insurer. The insurer may pay an unapproved payment if it determines that obtaining its approval was not practical and that it would have approved the payment if consulted at the time.
Supporting quotations
Cyber extortion event means one of the following involving a computing device or connected home device:
a. A demand for money or other consideration based on a credible threat to damage, disable, deny access to or disseminate content from a Member's device, system or data; or
b. A demand for money or other consideration based on an offer to restore access or functionality in connection with an attack on a Member's device, system or data.
Cyber extortion response costs means any payment made as directed in response to a cyber extortion event, but only when that payment is:
a. Incurred as a direct result of a cyber extortion event directed against a Member; and
b. Approved in advance by us. However, we may pay for cyber extortion response costs that were not approved in advance by us if we determine the following:
(1) It was not practical for the Member to obtain our prior approval; and
(2) If consulted at the time, we would have approved the payment.
but only to the extent that such corresponding coverages are included in the insured program
Qualifications & exceptions
The definition of stolen identity event counts a cyber extortion event only to the extent that matching coverage is included in the insured program; the Schedule card for this program lists Cyber Extortion as Not Included.
Security & Safeguards · Restriction or exception
Cyberbullying costs are covered only for a qualifying event and when incurred within 12 months
A cyberbullying act is harassment, intimidation, defamation, invasion of privacy, threat of violence or a similar act personally targeted at a Member and carried out wholly or partly through social media platforms. Cyberbullying costs are the costs arising as a direct result of a cyberbullying event and incurred by a Member within 12 months after the event: counseling for the victim from a licensed mental health professional, temporary relocation, temporary private tutoring, enrollment expenses for relocation to a similar alternate school (not tuition), professional cybersecurity consultation, mobile apps, social monitoring software and web-based products used to prevent further occurrence, legal expenses including removal of related online content, and lost wages, childcare and eldercare. A cyberbullying event means two or more similar or related cyberbullying acts that caused harm significant enough for a Member to take specified steps; the steps are listed in the text that follows this part of the definitions.
Supporting quotations
Cyberbullying act means an act of harassment, intimidation, defamation, invasion of privacy, threat of violence or other similar act personally targeted towards a Member and perpetrated wholly or partially using social media platforms.
Cyberbullying costs means the following costs arising as a direct result of a cyberbullying event when incurred by a Member within 12 months after the cyberbullying event:
a. Costs for counseling from a licensed mental health professional for the victim of the cyberbullying event;
b. Temporary relocation expenses;
c. Temporary private tutoring;
d. Enrollment expenses incurred due to relocation to a similar, alternate school. This does not include tuition costs;
e. Professional cybersecurity consultation services;
f. The purchase of mobile applications, social monitoring software and web-based products when used to prevent further occurrence of cyberbullying events;
g. Legal expenses, including legal expenses for the removal of online content related to the cyberbullying event; and
h. Lost wages, childcare and eldercare expenses.
Cyberbullying event means two or more similar or related cyberbullying acts. Such cyberbullying event must have caused harm significant enough for a Member to:
but only to the extent that such corresponding coverages are included in the insured program
Qualifications & exceptions
The definition of stolen identity event counts a cyberbullying event only to the extent that matching coverage is included in the insured program; the Schedule card for this program lists Cyberbullying as Not Included.
Legal Rights & Agreement Rules · Restriction or exception
Affected individual: a non-Member whose data a Member holds for family, personal or non-profit volunteer reasons
An affected individual is any person whose personally identifying information or personally sensitive information is lost, stolen, accidentally released or accidentally published by a data breach event covered under the policy. The person must be someone whose information a Member holds because of a family or personal relationship with the Member, or because of the Member's volunteer work for a non-profit organization. The term excludes any Member, anyone whose information the Member holds through activities or responsibilities with a for-profit organization (including organizations the Member owns or operates) or with a non-profit organization where the Member is a paid employee or contract worker, and any business, organization or entity: only an individual person may be an affected individual. Personally sensitive information means private information about an individual whose release requires notification of affected individuals under applicable law.
Supporting quotations
Affected individual means any person whose personally identifying information or personally sensitive information is lost, stolen, accidentally released or accidentally published by a data breach event covered under the policy. This definition is subject to the following provisions:
a. Affected individual must be someone whose personally identifying information or personally sensitive information is in the possession of a Member because of:
(1) A family or personal relationship with a Member; or
(2) The activities or responsibilities of a Member in connection with volunteer work for a non-profit organization.
b. Affected individual does not mean or include any of the following:
(1) Any Member.
(2) Anyone whose personally identifying information or personally sensitive information is in the possession of a Member because of the activities or responsibilities, of any Member in connection with a for-profit organization or in connection with a non-profit organization for which a Member is a paid employee or contract worker. Such organizations include, but are not limited to, organizations that a Member owns or operates.
(3) Any business, organization or entity. Only an individual person may be an affected individual.
Personally sensitive information means private information specific to an individual, the release of which requires notification of affected individuals under any applicable law.
but only to the extent that such corresponding coverages are included in the insured program
Qualifications & exceptions
The definition of stolen identity event counts a data breach event only to the extent that matching coverage is included in the insured program; the Schedule card for this program lists Data Breach as Not Included.
Not stated here
The definition of personally sensitive information refers to notification requirements under "any applicable law" without naming one.
Security & Safeguards · Restriction or exception
A cyberbullying event needs two or more related acts and serious harm; a medical exam may be required
A cyberbullying event means two or more similar or related cyberbullying acts that caused harm significant enough for a Member either to report the event to a school administrator or law enforcement, or to need treatment by a licensed medical or mental health practitioner who is not a member of the Member's immediate family. When treatment is the basis, the insurer may, at its discretion, require the Member to take an independent medical exam. For this coverage the event begins on the date of the first similar or related cyberbullying act. A cyberbullying act is harassment, intimidation, defamation, invasion of privacy, a threat of violence or a similar act personally targeted at a Member and carried out wholly or partly on social media; a school administrator is a principal, vice principal, headmaster or dean.
Supporting quotations
Cyberbullying event means two or more similar or related cyberbullying acts. Such cyberbullying event must have caused harm significant enough for a Member to:
a. Report such cyberbullying event to a school administrator or law enforcement; or
b. Require treatment by a licensed medical or mental health practitioner who is a not a Member of the Member's immediate family. At our discretion, when such treatment is required, we reserve the right to require the Member to submit to an independent medical exam.
For the purposes of this coverage, the cyberbullying event begins on the date of the first similar or related cyberbullying act.
Cyberbullying act means an act of harassment, intimidation, defamation, invasion of privacy, threat of violence or other similar act personally targeted towards a Member and perpetrated wholly or partially using social media platforms.
School administrator means a principal, vice principal, headmaster or dean.
Qualifications & exceptions
The Schedule card for this program lists Cyberbullying as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Company commitment
Data breach costs: forensic IT and legal review are paid on reasonable suspicion, even if no breach is found
Data breach costs include a forensic IT review, to determine the nature and extent of the breach and the number and identities of affected individuals, and a legal review of the breach and how the Member should respond. The forensic review does not cover costs to analyze vulnerabilities in systems, procedures or physical security, compliance with security standards, or loss of data that is not personally identifying or personally sensitive information. If there is reasonable cause to suspect a covered data breach event may have occurred, the insurer pays for the forensic IT review and the legal review even if it is later determined there was no covered breach, but once that is determined it pays no further costs.
Supporting quotations
Data breach costs means:
a. Forensic IT Review
Professional information technologies review if needed to determine, within the constraints of what is possible and reasonable, the nature and extent of the data breach event and the number and identities of the affected individuals.
This does not include costs to analyze, research or determine any of the following:
(1) Vulnerabilities in systems, procedures or physical security;
(2) Compliance with security standards; or
(3) The nature or extent of loss or damage to data that is not personally identifying information or personally sensitive information.
If there is reasonable cause to suspect that a covered data breach event may have occurred, we will pay for costs covered under Forensic IT Review, even if it is eventually determined that there was no covered data breach event. However, once it is determined that there was no covered data breach event, we will not pay for any further costs.
b. Legal Review Professional legal counsel review of the data breach event and how a Member should best respond to it.
If there is reasonable cause to suspect that a covered data breach event may have occurred, we will pay for costs covered under Legal Review, even if it is eventually determined that there was no covered data breach event. However, once it is determined that there was no covered data breach event, we will not pay for any further costs.
Qualifications & exceptions
The Schedule card for this program lists Data Breach as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Company commitment
Data breach costs include notifying affected individuals
Data breach costs also cover the Member's necessary and reasonable costs to notify affected individuals of the data breach event. That notification is also the condition for the separate services to affected individuals described in the next card.
Supporting quotations
c. Notification to Affected Individuals
The Member’s necessary and reasonable costs to provide notification of the data breach event to affected individuals.
Qualifications & exceptions
The Schedule card for this program lists Data Breach as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Company commitment
Services to affected individuals need prior notification; credit and identity services need personal-data breaches
Services to affected individuals are covered only if the Member has given the notification described above, and only for the Member's necessary and reasonable costs of providing them. For any data breach event the services are an informational materials packet of loss prevention and customer support information and a toll-free help line. For events involving personally identifying information, the further services are a credit report and an electronic credit-monitoring service (subject to the affected individual enrolling with the designated service provider) and identity restoration case management: an identity restoration professional who helps an affected individual who is or appears to be a victim of an identity theft event that may reasonably have arisen from the breach, as far as is possible and reasonable. An affected individual is a person whose information a covered data breach event has lost, stolen, released or published.
Supporting quotations
d. Services to Affected Individuals
This coverage only applies if the Member has provided notification of the data breach event to affected individuals as covered under paragraph c. above.
The Member’s necessary and reasonable costs to provide the following services to affected individuals.
(1) The following services apply to any data breach event:
(a) Informational Materials
A packet of loss prevention and customer support information.
(b) Help Line
A toll-free telephone line for affected individuals with questions about the data breach event. Where applicable, the line can also be used to request additional services as listed in (2) (a) and
(b) below.
(2) The following additional services apply to data breach events involving personally identifying information.
(a) Credit Report and Monitoring
A credit report and an electronic service automatically monitoring for activities affecting an individual’s credit records. This service is subject to the affected individual enrolling for this service with the designated service provider.
(b) Identity Restoration Case Management
With respect to any affected individual who is or appears to be a victim of identity theft event that may reasonably have arisen from the data breach event, the services of an identity restoration professional who will assist that affected individual through the process of correcting credit and other records and, within the constraints of what is possible and reasonable, restoring control over his or her personal identity.
Affected individual means any person whose personally identifying information or personally sensitive information is lost, stolen, accidentally released or accidentally published by a data breach event covered under the policy. This definition is subject to the following provisions:
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Qualifications & exceptions
The Schedule card for this program lists Data Breach as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Credit monitoring is subject to the affected individual enrolling for it with the designated service provider.
Not stated here
The document does not name the designated service provider for credit monitoring.
Data Access & Collection · Context
A data breach event is a loss or release of personal information held by a Member or its contracted professional entity
A data breach event is the loss, theft, accidental release or accidental publication of personally identifying information or personally sensitive information about one or more affected individuals. At the time of the breach the information must be in the care, custody or control of a Member, or of a professional entity with which the Member has a contract and to which the Member has entrusted the information. If the date of the breach cannot be determined, it is deemed to be the date the Member first became aware of the loss, theft, release or publication. For data breach coverage, personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of an affected individual, including Social Security numbers or account numbers. Personally sensitive information is private information about an individual whose release requires notification of affected individuals under applicable law.
Supporting quotations
Data breach event
a. Data breach event means the loss, theft, accidental release or accidental publication of personally identifying information or personally sensitive information as respects one or more affected individuals. At the time of the breach, such information must be in the care, custody or control of:
(1) A Member; or
(2) A professional entity with whom a Member has a contract and to whom a Member has entrusted the information.
b. With respect to coverage B.2.h. Data Breach, if the date of the data breach event as defined in a. above cannot be determined, such date shall be deemed to be the date a Member first become aware of the loss, theft, release or publication of the personally identifying information or personally sensitive information.
b. With respect to coverage B.2.h. Data Breach, personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of an affected individual. This includes, but is not limited to, Social Security numbers or account numbers.
Personally sensitive information means private information specific to an individual, the release of which requires notification of affected individuals under any applicable law.
Qualifications & exceptions
The Schedule card for this program lists Data Breach as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Not stated here
The definition of personally sensitive information refers to notification requirements under "any applicable law" without naming one.
Security & Safeguards · Restriction or exception
Data recovery costs cover a firm replacing lost or corrupted data, not irreplaceable or obsolete items
Data recovery costs are the costs of a professional firm hired by a Member to replace electronic data that has been lost or corrupted. They do not include costs to research, re-create or replace software programs or operating systems that are not commercially available, data that cannot reasonably be replaced (including personal photos, movies or recordings for which no electronic back-up is available), or data that is obsolete, unnecessary or no longer of use.
Supporting quotations
Data recovery costs
a. Data recovery costs means the costs of a professional firm hired by a Member to replace electronic data that has been lost or corrupted.
b. Data recovery costs does not mean costs to research, re-create or replace any of the following:
(1) Software programs or operating systems that are not commercially available.
(2) Data that cannot reasonably be replaced. This includes, but is not limited to, personal photos, movies or recordings for which no electronic back-up is available.
(3) Data that is obsolete, unnecessary or no longer of use.
Qualifications & exceptions
The cyber attack coverage that pays data recovery costs is listed as Not Included in the Schedule card for this program.
Charges & Financial Obligations · Restriction or exception
Fraud costs are only the direct financial loss, and exclude indirect loss, interest and amounts a third party can repay
Fraud costs means the amount fraudulently taken from a Member, the direct financial loss only. They do not include other expenses arising from the fraud event; indirect loss such as bodily injury, lost time, lost wages, identity recovery expenses or damaged reputation; interest, time value or potential investment gain on the lost amount; or any portion that has been, or can reasonably be expected to be, reimbursed by a third party such as a financial institution.
Supporting quotations
Fraud costs means the amount fraudulently taken from a Member. This is the direct financial loss only. Fraud costs does not include any of the following:
a. Other expenses that arise from the fraud event;
b. Indirect loss, such as bodily injury, lost time, lost wages, identity recovery expenses or damaged reputation;
c. Any interest, time value or potential investment gain on the amount of financial loss; or
d. Any portion of such amount that has been or can reasonably be expected to be reimbursed by a third party, such as a financial institution.
Qualifications & exceptions
The Schedule card for this program lists Online Fraud Reimbursement as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Restriction or exception
A fraud event is a device-based fraud causing direct financial loss, of five listed kinds
A fraud event means one of five things, when it is wholly or partly carried out through a computing device or connected home device and causes direct financial loss to a Member: an identity theft event; unauthorized use of a card, card number or account number for a bank or credit account in the Member's name when the Member is legally liable for the use; forgery or alteration of a check or negotiable instrument; acceptance in good faith of counterfeit currency; or online scams. Where a fraud event results directly from a stolen identity event, the Online Fraud Reimbursement coverage pays the Member's necessary and reasonable fraud costs. Computing devices and connected home devices must be owned or leased and controlled by a Member.
Supporting quotations
Fraud event
a. Fraud event means any of the following, when such event is wholly or partially perpetrated through a computing device or connected home device and results in direct financial loss to a Member:
(1) A identity theft event;
(2) The unauthorized use of a card, card number or account number associated with a bank account or credit account issued to or registered in a Member's name, when the Member is legally liable for such use;
(3) The forgery or alteration of any check or negotiable instrument;
(4) Acceptance in good faith of counterfeit currency; or
(5) Online scams.
If there has been a fraud event that is wholly or partially perpetrated through a computing device or connected home device as a direct result of such stolen identity event, then we will pay the Member's necessary and reasonable fraud costs.
Computing device means a desktop, laptop or tablet computer or Wi-Fi router or other internet access point. Such device must be owned or leased by a Member, as well as operated under the Member's control.
Connected home device means any electronic device, other than a computing device, that connects to the internet or to other electronic devices. This includes, but is not limited to, networked versions of any of the following:
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Online scams means intentional and criminal deception of a Member, perpetrated partially or wholly through a computing device or connected home device, to induce the Member to:
but only to the extent that such corresponding coverages are included in the insured program
Qualifications & exceptions
The Schedule card for this program lists Online Fraud Reimbursement as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Not stated here
The online scams definition is completed in the following block group and is carded with the definitions that follow.
Charges & Financial Obligations · Restriction or exception
Fraud events exclude coerced transfers, dealings with family or Members, authorized card use and listed business cases
A fraud event does not include an occurrence in which a Member is threatened or coerced to part with something of value (other than online scams); one between a Member and another Member, a current or former spouse, common law spouse or domestic partner, or a grandparent, parent, sibling, child or grandchild; one involving a bank or credit card, card number or account number used by a person who has ever received any authorization from a Member to use it, or where the Member has not complied with all terms and conditions under which it was issued; or one arising from the Member's business or professional service, a dispute over the completeness, authenticity or value of a product, service or financial instrument, a gift or charitable contribution, an online auction or auction site, a lottery, gambling or game of chance, or an advance fee fraud or other fraud where the Member provides money expecting a larger amount or greater value later.
Supporting quotations
b. Fraud event does not mean or include any occurrence:
(1) In which a Member is threatened or coerced to part with something of value, other than online scams;
(2) Between a Member and any of the following:
(a) Any other Member;
(b) A Member’s current or former spouse, common law spouse or domestic partner; or
(c) A Member’s grandparent, parent, sibling, child or grandchild.
(3) Involving use of a card, card number or account number associated with a bank account or credit account:
(a) By a person who has ever received any authorization from a Member to use such card, card number or account number; or
(b) If a Member has not complied with all terms and conditions under which such card, card number or account number was issued.
(4) Arising from any of the following:
(a) The business or professional service of a Member.
(b) A dispute or a disagreement over the completeness, authenticity or value of a product, a service or a financial instrument.
(c) A gift or charitable contribution to an individual or any legitimate organization.
(d) An online auction or the use of an online auction site.
(e) A lottery, gambling or a game of chance.
(f) An advance fee fraud or other fraud in which a Member provides money based on an expectation of receiving at some future time a larger amount of money or something with a greater value than the money provided.
Qualifications & exceptions
The Schedule card for this program lists Online Fraud Reimbursement as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Restriction or exception
Future loss avoidance pays for device improvements within 60 days and capped at 10% of the cyber attack payment
Future loss avoidance costs are amounts a Member spends to improve a computing device or connected home device, provided the costs are incurred within 60 days after discovering the cyber attack event and the insurer agrees in writing that the improvements would reasonably reduce the likelihood of a similar attack (it will not unreasonably withhold agreement). Improvements may include hardware and software upgrades; for services under lease, license or subscription only the first 12 months of cost are payable. The most paid for all such costs for one cyber attack event is 10% of the insurer's Eligible Payment to the Member before any future loss avoidance payment, where Eligible Payment is the insurer's total payment under cyber attack coverage excluding any deductible. Any payment for hardware replacement or upgrades described under the system restoration costs definition reduces the amount payable.
Supporting quotations
Future loss avoidance costs
a. Future loss avoidance costs means the amount spent by a Member to make improvements to a computing device or connected home device, provided:
(1) Such future loss avoidance costs are incurred within 60 days after the discovery of the cyber attack event; and
(2) We agree in writing that improvements to which future loss avoidance costs relate would reasonably reduce the likelihood of a future cyber attack event similar to the one for which the Member has received payment under coverage B.2.c. Cyber Attack. We will not unreasonably withhold such agreement.
b. The improvements described in paragraph a.(2) above may include, but are not limited to, hardware and software upgrades. Improvements involving services subject to lease, license or subscription may have costs that are ongoing. In such case, the most we will pay are costs associated with the first 12 months of any such service, subject to the amount described in paragraph c. below.
c. The most we will pay for all future loss avoidance costs with respect to any one cyber attack event is 10% of our Eligible Payment to the Member prior to any payment under this Future Loss Avoidance coverage.
d. As used in this definition, Eligible Payment means our total payment to the Member under coverage B.2.c. Cyber Attack, not including any deductible amount. Any payment made for hardware replacement or hardware upgrades as described under A. DEFINITIONS, 33. System restoration costs, item b.(1) below reduces the amount we will pay for future loss avoidance costs.
Cyber attack event means one of the following involving a computing device or connected home device:
Qualifications & exceptions
The Schedule card for this program lists Cyber Attack as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Not stated here
The text cites the system restoration costs definition by a number ("33.") that the extracted text does not show, so the exact item is identified here only by its name.
Charges & Financial Obligations · Restriction or exception
Home title fraud: attorney and recovery costs when an identity theft transfers real property title away from a Member
A home title fraud event is an identity theft event that results in a wrongful or fraudulent transfer of title to real property from a Member. Home title fraud costs are fees and expenses for an attorney approved by the insurer to recover title to real property wrongfully or fraudulently transferred from a Member, and any other reasonable costs necessarily incurred in recovering that title, including court filing and title recording fees.
Supporting quotations
Home title fraud costs means:
a. Fees and expenses for an attorney approved by us for the recovery of title to real property wrongfully or fraudulently transferred from a Member; and
b. Any other reasonable costs necessarily incurred by a Member in the course of recovering such title, including court filing and title recording fees.
Home title fraud event means an identity theft event resulting in the wrongful or fraudulent transfer of title to real property from a Member.
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Qualifications & exceptions
The Schedule card for this program lists Home Title Fraud as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Account & Service Control · Company commitment
An identity recovery case manager is assigned by the insurer to handle communications to restore your identity
An identity recovery case manager means one or more individuals the insurer assigns to assist a Member with communications the insurer deems necessary for re-establishing the integrity of the Member's personal identity. With the Member's permission and cooperation, this includes written and telephone communications with law enforcement authorities, governmental agencies, credit agencies and individual creditors and businesses.
Supporting quotations
Identity recovery case manager means one or more individuals assigned by us to assist a Member with communications we deem necessary for re-establishing the integrity of the personal identity of the Member. This includes, with the permission and cooperation of the Member, written and telephone communications with law enforcement authorities, governmental agencies, credit agencies and individual creditors and businesses.
Not stated here
The definition does not say how many case managers are assigned or how a Member requests one; the Case Management Service coverage and the Schedule term are read in their own cards.
Charges & Financial Obligations · Company commitment
Identity theft costs: re-filing, postage, credit reports and attorney help for listed identity theft problems
Identity theft costs are the reasonable and necessary costs a Member incurs as a result of an identity theft event. Items a to d are: costs of re-filing loan, grant or other credit applications that were rejected solely because of an identity theft event; long distance phone calls, postage and notarizing documents; credit reports from established credit bureaus; and fees for an attorney approved by the insurer for defending a civil suit against the Member, removing a civil judgment wrongfully entered against the Member, legal help at a governmental audit or hearing, legal help challenging the accuracy of the Member's consumer credit report, or defending criminal charges brought against the Member because of a third party using the Member's identity. Costs must be reasonable and necessary, and legal fees are payable only for an attorney the insurer has approved. The exclusion of third party liability and legal defense costs carves out Identity Theft Recovery coverage.
Supporting quotations
Identity theft costs means the following when they are reasonable and necessary costs that are incurred by a Member as a result of a identity theft event:
a. Costs for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of a identity theft event;
b. Costs for long distance telephone calls, postage and notarizing documents;
c. Costs for credit reports from established credit bureaus;
d. Costs for an attorney approved by us for the following:
(1) The defense of any civil suit brought against a Member;
(2) The removal of any civil judgment wrongfully entered against a Member;
(3) Legal assistance for a Member at an audit or hearing by a governmental agency;
(4) Legal assistance in challenging the accuracy of a Member’s consumer credit report;
(5) The defense of any criminal charges brought against a Member arising from the actions of a third party using the personal identity of the Member; or
Any third party liability or legal defense costs, except as described in coverage B.2.b. Identity Theft Recovery.
Qualifications & exceptions
Legal costs are subject to a sublimit that is part of the Identity Theft Recovery limit, as read in the limits cards.
Not stated here
The document does not say how a Member asks for approval of an attorney or what happens if the insurer does not approve one.
Charges & Financial Obligations · Company commitment
Lost wages, dependent care and counseling are covered with documentation, timing and non-relative requirements
Identity theft costs also include: (e) lost wages or salary earnings for employer-documented time necessarily taken away from work for the activities in items a to d, to meet law enforcement, governmental agencies, credit agencies or individual creditors and businesses, or otherwise to recover control over the stolen identity, but not wages or salary for sick days, time taken away from self-employment, or time taken away for tasks that could reasonably have been done outside working hours; (f) costs of supervising children or elderly or infirm relatives or dependents of the Member while the Member is away from that supervision, provided the care comes from a professional care provider who is not a relative of the Member; and (g) costs for counseling from a licensed mental health professional who is a professional care provider and not a relative of the Member.
Supporting quotations
e. Lost wages or salaries earnings for employer-documented time necessarily taken away from work:
(1) For the activities described in a. through d. above;
(2) To meet with law enforcement authorities, governmental agencies, credit agencies or individual creditors and businesses; or
(3) To otherwise recover control over the stolen personal identity.
This does not include wages or salaried earnings for sick days, time taken away from self-employment or time taken away for tasks that could reasonably have been done during non-working hours.
f. Costs of supervision of children or elderly or infirm relatives or dependents of a Member during time taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the Member;
g. Costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the Member;
Qualifications & exceptions
The time and sublimit rules for items e, f and g are in the limits cards: item e and f share one sublimit and item g has its own, each part of the Identity Theft Recovery limit.
Charges & Financial Obligations · Restriction or exception
Other identity theft costs cover recovering control and some fees, but exclude stolen money and prevention costs
Item h covers any other reasonable costs the Member necessarily incurs as a direct result of the identity theft event. Such costs include costs the Member incurs to recover control over his or her personal identity, deductibles or service fees from financial institutions, and court filing and title recording fees. They do not include costs to avoid, prevent or detect an identity theft event or other loss; money lost or stolen; costs restricted or excluded elsewhere in the policy; or home title fraud costs. Because money lost or stolen is excluded, Identity Theft Recovery reimburses expenses of dealing with the theft, not the stolen amount itself.
Supporting quotations
h. Any other reasonable costs necessarily incurred by a Member as a direct result of the identity theft event.
(1) Such costs include:
(a) Costs by the Member to recover control over his or her personal identity.
(b) Deductibles or service fees from financial institutions.
(c) Court filing and title recording fees.
(2) Such costs do not include:
(a) Costs to avoid, prevent or detect a identity theft event or other loss.
(b) Money lost or stolen.
(c) Costs that are restricted or excluded elsewhere in the policy.
(d) Home title fraud costs.
Home title fraud costs means:
b. Any other reasonable costs necessarily incurred by a Member in the course of recovering such title, including court filing and title recording fees.
Qualifications & exceptions
Item h is the Miscellaneous Unnamed Costs line in the Schedule, which has its own sublimit read in the limits cards.
Not stated here
The list of included costs and the exclusion of home title fraud costs both mention court filing and title recording fees (home title fraud costs include "court filing and title recording fees" for recovering title); the document does not say which controls for those fees when the cause is a transfer of property title.
Identity theft event means fraudulent use of a Social Security number or other identifying information
An identity theft event is the fraudulent use of a social security number or other personally identifying information. The definition includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Supporting quotations
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Account & Service Control · Restriction or exception
Member is the enrolled primary member and, only if the program covers family, certain household members
The insured program is the package of products or services the provider supplies, as shown in the Schedule's Insured Programs section. A Member is the primary member and, if the insured program includes coverage for family members, residents of the primary member's household who are: (1) relatives of the primary member including a spouse; (2) under 21 and in the care of such persons; or (3) full-time students, as the school defines it, who lived in the primary member's household before moving out to attend school, and who are under 24 and the primary member's relative, or under 21 and in the care of the primary member or a household resident who is the primary member's relative. A primary member is a person who, at the time of discovery of the stolen identity event, is a customer in good standing of the provider and is directly enrolled in the insured program.
Supporting quotations
Insured program means the package of products and/or services provided by the provider and shown under the Insured Programs section of the Schedule of this Summary of Benefits.
Member means:
a. The primary member.
b. If the insured program includes coverage for family members, the residents of the household of the primary member who are:
(1) The relatives of such persons, including their spouse; or
(2) Under the age of 21 and in the care of such persons; or
(3) A student enrolled in school full-time, as defined by the school, who was a resident of the primary member's household before moving out to attend school, provided the student is under the age of:
(a) 24 and the primary member's relative; or
(b) 21 and in the primary member's care or the care of a resident of the primary member's household who is the primary member's relative.
Primary member means a person who, at the time of the discovery of the stolen identity event, is a customer in good standing of the provider and is directly enrolled in the insured program.
Not stated here
The Schedule lists the coverage type as "Individual" and does not say whether the program includes coverage for family members, so household-member coverage under the second prong is not established here.
The document does not define "customer in good standing".
Legal Rights & Agreement Rules · Context
Nuclear hazard is defined as any nuclear reaction, radiation or radioactive contamination and its consequences
Nuclear hazard means nuclear reaction, radiation or radioactive contamination, or any consequence of any of these, however caused and whether controlled or uncontrolled. The term is used by the nuclear hazard exclusion.
Supporting quotations
Nuclear Hazard means nuclear reaction, radiation or radioactive contamination, or any consequence of any of these, however caused and whether controlled or uncontrolled.
Legal Rights & Agreement Rules · Context
An occurrence groups events that happen together or share a source, cause or vulnerability in a policy period
Occurrence means all stolen identity events, cyber attack events, cyberbullying events, cyber extortion events, data breach events, fraud events, home title fraud events or identity theft events that either occur at the same time or arise during the same policy period from the same source, cause or vulnerability. Several events can therefore be treated as one occurrence.
Supporting quotations
Occurrence means all stolen identity events, cyber attack events, cyberbullying event, cyber extortion events, data breach events, fraud events, home title fraud events or identity theft events that:
a. Occur at the same time; or
b. Arise during the same policy period from the same source, cause or vulnerability.
Not stated here
The document does not say in this definition how an occurrence affects limits or deductibles; the limits text that mentions occurrences is read in its own card.
Security & Safeguards · Context
Online scams means deception that induces a Member to give up credentials or voluntarily part with money or property
Online scams means intentional and criminal deception of a Member, carried out partly or wholly through a computing device or connected home device, to induce the Member either to disclose login credentials, resulting in a financial loss of money, securities, cryptocurrency or tangible property, or to part voluntarily with money, securities, cryptocurrency or tangible property.
Supporting quotations
Online scams means intentional and criminal deception of a Member, perpetrated partially or wholly through a computing device or connected home device, to induce the Member to:
a. Disclose login credentials that results in a financial loss of money, securities, cryptocurrency or tangible property; or
b. Part voluntarily with money, securities, cryptocurrency or tangible property.
Computing device means a desktop, laptop or tablet computer or Wi-Fi router or other internet access point. Such device must be owned or leased by a Member, as well as operated under the Member's control.
Connected home device means any electronic device, other than a computing device, that connects to the internet or to other electronic devices. This includes, but is not limited to, networked versions of any of the following:
Qualifications & exceptions
The Schedule card for this program lists Online Scams as Not Included.
Data Access & Collection · Context
Personally identifying information is data usable for fraud, such as account numbers; public data is excluded
Personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of a Member. It includes, but is not limited to, Social Security numbers, account numbers, passwords or login credentials, or other methods to access or control a computing device or connected home device system identification. For data breach coverage the same idea applies to an affected individual, without the login-credential wording. It does not include information otherwise available to the public, such as names and addresses.
Supporting quotations
Personally identifying information
a. Personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of a Member. This includes, but is not limited to, Social Security numbers, account numbers, passwords or login credentials, or other methods to access or control a computing device or connected home device system identification.
b. With respect to coverage B.2.h. Data Breach, personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of an affected individual. This includes, but is not limited to, Social Security numbers or account numbers.
c. Personally identifying information does not mean or include information that is otherwise available to the public, such as names and addresses.
Data Access & Collection · Context
Public information is not personally identifying information; personally sensitive information turns on notification law
Personally identifying information does not include information that is otherwise available to the public, such as names and addresses. Personally sensitive information means private information specific to an individual, the release of which requires notification of affected individuals under any applicable law. Both terms are used by the stolen identity event and data breach definitions, and the general definition of personally identifying information is the one that includes Social Security numbers, account numbers and login credentials.
Supporting quotations
c. Personally identifying information does not mean or include information that is otherwise available to the public, such as names and addresses.
Personally sensitive information means private information specific to an individual, the release of which requires notification of affected individuals under any applicable law.
Personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of a Member.
personally identifying information means information, including health information, that could be used to commit fraud or other illegal activity involving the credit, access to health care or identity of an affected individual.
Not stated here
The definition of personally sensitive information refers to notification requirements under "any applicable law" without naming a law.
Account & Service Control · Restriction or exception
Only an enrolled primary member in good standing is covered; loss while not enrolled is excluded
A primary member is a person who, at the time the stolen identity event is discovered, is a customer in good standing of the provider and is directly enrolled in the insured program. The exclusions add that the policy does not pay for any loss occurring while the primary Member is not an active customer in good standing of the provider and directly enrolled in the insured program. The provider is the entity providing the insured program and shown as the Provider in the Schedule.
Supporting quotations
Primary member means a person who, at the time of the discovery of the stolen identity event, is a customer in good standing of the provider and is directly enrolled in the insured program.
Provider means the entity providing the insured program and shown as the Provider in the Schedule of this Summary of Benefits.
Insured program means the package of products and/or services provided by the provider and shown under the Insured Programs section of the Schedule of this Summary of Benefits.
Any loss occurring while the primary Member is not an active customer in good standing of the provider and directly enrolled in the insured program.
Not stated here
The document does not define "customer in good standing".
Legal Rights & Agreement Rules · Restriction or exception
Stolen identity event: theft, release or misuse of a Member's personal data, counted only where covered
A stolen identity event means the theft, accidental release, publication or misappropriation of a Member's personally identifying information that results in, or could reasonably result in, wrongful use of that information. It includes cyber attack, cyberbullying, cyber extortion, fraud, home title fraud, data breach and identity theft events, but only to the extent that the corresponding coverages are included in the insured program. Under the Schedule for this program only the Case Management Service and Identity Theft Recovery coverages are included.
Supporting quotations
Stolen identity event means the theft, accidental release, publication or misappropriation of a Member’s personally identifying information that results in or could reasonably result in the wrongful use of the information. This includes a cyber attack event, cyberbullying event, cyber extortion event, fraud event, home title fraud event, data breach event or identity theft event, but only to the extent that such corresponding coverages are included in the insured program.
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Qualifications & exceptions
The Schedule card for this program lists the other seven coverages as Not Included.
School administrator means a principal, vice principal, headmaster or dean
School administrator means a principal, vice principal, headmaster or dean. The term appears in the cyberbullying event definition as one of the people to whom a Member can report a cyberbullying event.
Supporting quotations
School administrator means a principal, vice principal, headmaster or dean.
Cyberbullying event means two or more similar or related cyberbullying acts. Such cyberbullying event must have caused harm significant enough for a Member to:
Qualifications & exceptions
The Schedule card for this program lists Cyberbullying as Not Included.
Security & Safeguards · Restriction or exception
System restoration costs cover a professional firm restoring a device, not hardware, upgrades or the Member's own time
System restoration costs are the costs of a professional firm hired by a Member to restore the Member's computing device or connected home device to the functionality it had before the cyber attack event by replacing or reinstalling software programs, removing malicious code, and configuring or correcting the configuration of the device or system. They do not include costs to repair or replace hardware (although the insurer may choose to pay for hardware repair or replacement if that reduces the amount of loss payable), costs to increase the speed, capacity or utility of the device or system, the Member's time or labor, or costs in excess of the replacement value of the Member's system, including applicable hardware and software.
Supporting quotations
System restoration costs
a. System restoration costs means the costs of a professional firm hired by a Member to do the following in order to restore the Member's computing device or connected home device to the level of functionality it had before the cyber attack event:
(1) Replace or reinstall computer software programs;
(2) Remove any malicious code; and
(3) Configure or correct the configuration of the Member's device or system.
b. System restoration costs does not mean any of the following:
(1) Costs to repair or replace hardware. However, we may choose to pay to repair or replace hardware if doing so reduces the amount of loss payable under the policy.
(2) Costs to increase the speed, capacity or utility of the Member's device or system.
(3) The Member's time or labor.
(4) Any costs in excess of the replacement value of the Member's system, including applicable hardware and software.
Qualifications & exceptions
The Schedule card for this program lists Cyber Attack as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Restriction or exception
Utility bill overage expenses are extra cryptojacking utility costs shown on written utility invoices
Utility bill overage expenses are additional expenses a Member incurs to operate the home, over and above what would normally have been incurred in the same period if no cryptojacking event had occurred, provided the utility provider bills them by written invoices reflecting the additional use or consumption. They do not include expenses incurred before the policy period for which the policy applies, or charged at a flat or fixed fee that does not vary with usage. A utility provider means an electrical, internet, natural gas or oil service provider.
Supporting quotations
Utility bill overage expenses
a. Utility bill overage expenses means additional expenses incurred by a Member to operate their home over and above the cost that normally would have incurred to operate their home during the same period had no cryptojacking event occurred, provided that such additional expenses are billed to the Member by the Utility Provider via written invoices that reflect the additional utility usage or consumption.
b. Utility bill overage expenses does not mean or include any expenses that are:
(1) Incurred prior to the policy period for which the policy is applicable; or
(2) Charged at a flat or fixed fee that does not fluctuate with usage.
c. As used in this definition, Utility Provider means an electrical, internet, natural gas or oil service provider.
Cryptojacking event means a cyber attack event carried out for the purpose of mining cryptocurrency that causes a Member to incur utility bill overage expenses.
Qualifications & exceptions
The Schedule card for this program lists Cyber Attack as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Legal Rights & Agreement Rules · Restriction or exception
Coverage applies only if the event is first discovered during the policy period and reported within 60 days
The Stolen Identity Event Group Insurance applies only if all three conditions are met: there has been a stolen identity event involving the personally identifying information of a Member; the Member first discovers the event during the policy period for which the policy applies; and the event is reported to the insurer as soon as practicable, and in no event more than 60 days after the Member first discovered it.
Supporting quotations
COVERAGE REQUIREMENTS
This Stolen Identity Event Group Insurance applies only if all of the following conditions are met:
a. There has been a stolen identity event involving the personally identifying information of a Member; and
b. Such stolen identity event is first discovered by the Member during the policy period for which the policy is applicable; and
c. Such stolen identity event is reported to us as soon as practicable, but in no event more than 60 days after the date it is first discovered by the Member.
Not stated here
The Schedule in this document does not give the policy period dates or say how to report an event.
Charges & Financial Obligations · Company commitment
If the requirements are met, the insurer provides a case manager and pays reasonable, necessary identity theft costs
When the coverage requirements have been met, the insurer provides the Member the listed coverages for loss directly arising from the stolen identity event. Case Management Service is the services of an identity recovery case manager as needed to respond to the stolen identity event. Identity Theft Recovery applies if there has been an identity theft event as a direct result of the stolen identity event, and then the insurer pays the Member's reasonable and necessary identity theft costs. For this program the Schedule lists exactly these two coverages as included.
Supporting quotations
COVERAGES PROVIDED
If all of the conditions listed above in 1. COVERAGE REQUIREMENTS have been met, then we will provide the Member the following coverages for loss directly arising from such stolen identity event.
a. Case Management Service
We will provide the services of an identity recovery case manager as needed to respond to the stolen identity event.
b. Identity Theft Recovery
If there has been an identity theft event as a direct result of such stolen identity event, then we will pay the Member's reasonable and necessary identity theft costs.
Identity recovery case manager means one or more individuals assigned by us to assist a Member with communications we deem necessary for re-establishing the integrity of the personal identity of the Member. This includes, with the permission and cooperation of the Member, written and telephone communications with law enforcement authorities, governmental agencies, credit agencies and individual creditors and businesses.
Identity theft costs means the following when they are reasonable and necessary costs that are incurred by a Member as a result of a identity theft event:
Identity theft event means the fraudulent use of social security number or other personally identifying information. This includes fraudulently using such information to establish credit accounts, secure loans, enter into contracts or commit crimes.
Qualifications & exceptions
The Schedule card for this program lists Case Management Service for 12 months and Identity Theft Recovery of $1,000,000.
Cyber attack coverage would pay data recovery, system restoration, cryptojacking and future loss avoidance costs
If a cyber attack event occurs as a direct result of the stolen identity event, the Cyber Attack coverage would provide the Member four coverages for loss directly arising from that attack: data recovery, paying the Member's necessary and reasonable data recovery costs; system restoration, paying necessary and reasonable system restoration costs; cryptojacking, paying necessary and reasonable utility bill overage expenses; and future loss avoidance, paying necessary and reasonable future loss avoidance costs.
Supporting quotations
c. Cyber Attack
If there has been a cyber attack event as a direct result of such stolen identity event, then we will provide the Member the following coverages for loss directly arising from such cyber attack event:
(1) Data Recovery
We will pay the Member's necessary and reasonable data recovery costs.
(2) System Restoration
We will pay the Member's necessary and reasonable system restoration costs.
(3) Cryptojacking
We will pay the Member's necessary and reasonable utility bill overage expenses.
(4) Future Loss Avoidance
We will pay the Member's necessary and reasonable future loss avoidance costs.
Cryptojacking event means a cyber attack event carried out for the purpose of mining cryptocurrency that causes a Member to incur utility bill overage expenses.
Cyber attack event means one of the following involving a computing device or connected home device:
Qualifications & exceptions
The Schedule card for this program lists Cyber Attack as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Security & Safeguards · Company commitment
Cyber extortion coverage would provide expert advice and reimbursement of response costs
If a cyber extortion event occurs as a direct result of the stolen identity event, the Cyber Extortion coverage would provide the Member two things for loss directly arising from the extortion event: professional assistance from a subject matter expert provided by the insurer for advice and consultation on how best to respond to the threat, and reimbursement of the Member's necessary and reasonable cyber extortion response costs.
Supporting quotations
d. Cyber Extortion
If there has been a cyber extortion event as a direct result of such stolen identity event, then we will provide the Member the following coverages for loss directly arising from such cyber extortion event:
(1) Professional assistance from a subject matter expert provided by us for advice and consultation regarding how best to respond to the threat.
(2) Reimbursement of the Member's necessary and reasonable cyber extortion response costs.
Cyber extortion event means one of the following involving a computing device or connected home device:
Cyber extortion response costs means any payment made as directed in response to a cyber extortion event, but only when that payment is:
Qualifications & exceptions
The Schedule card for this program lists Cyber Extortion as Not Included, and the definition of stolen identity event counts such an event only to the extent that matching coverage is included in the insured program.
Charges & Financial Obligations · Company commitment
Online fraud, cyberbullying, home title fraud and data breach coverage grants are described but Not Included here
The coverage text also describes four more coverages, each tied to an event that is a direct result of the stolen identity event: Online Fraud Reimbursement pays the Member's necessary and reasonable fraud costs for a fraud event carried out wholly or partly through a computing device or connected home device; Cyberbullying reimburses necessary and reasonable cyberbullying costs; Home Title Fraud pays reasonable and necessary home title fraud costs; and Data Breach pays reasonable and necessary data breach costs. The definition of stolen identity event counts these events only to the extent matching coverage is included in the insured program, and the Schedule card for this program lists all four as Not Included.
Supporting quotations
e. Online Fraud Reimbursement
If there has been a fraud event that is wholly or partially perpetrated through a computing device or connected home device as a direct result of such stolen identity event, then we will pay the Member's necessary and reasonable fraud costs.
f. Cyberbullying
If there has been a cyberbullying event as a direct result of such stolen identity event, then we will provide reimbursement for the Member's necessary and reasonable cyberbullying costs.
g. Home Title Fraud
If there has been a home title fraud event as a direct result of such stolen identity event, then we will pay the Member’s reasonable and necessary home title fraud costs.
h. Data Breach
If there has been a data breach event as a direct result of such stolen identity event, we will pay the Member’s reasonable and necessary data breach costs.
a. Fraud event means any of the following, when such event is wholly or partially perpetrated through a computing device or connected home device and results in direct financial loss to a Member:
Cyberbullying costs means the following costs arising as a direct result of a cyberbullying event when incurred by a Member within 12 months after the cyberbullying event:
Home title fraud costs means:
Data breach costs means:
but only to the extent that such corresponding coverages are included in the insured program
Legal Rights & Agreement Rules · Restriction or exception
Exclusions apply to all coverages and bar loss caused by or resulting from the listed events
The Exclusions section states that its exclusions apply to all coverages under the policy and that the insurer will not pay for loss, damage or expense caused by or resulting from the matters listed below. Because they apply to all coverages, they limit the Identity Theft Recovery and Case Management coverages that this program includes.
Supporting quotations
C. EXCLUSIONS
The following exclusions apply to all coverages under the policy.
We will not pay for loss, damage or expense caused by or resulting from:
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: a Member's own criminal, fraudulent or dishonest acts, intentional violations, and criminal proceedings
The insurer will not pay for loss caused by or resulting from criminal, fraudulent or dishonest acts, errors or omissions by a Member, intentional violations of the law by a Member, a Member intentionally initiating or contributing to a covered loss event, or any criminal investigations or proceedings. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Any of the following by a Member:
a. Criminal, fraudulent or dishonest acts, errors or omissions;
b. Intentional violations of the law; or
c. Intentionally initiating or contributing to a covered loss event.
Any criminal investigations or proceedings.
Not stated here
The exclusion of "any criminal investigations or proceedings" has no stated exception, while the identity theft costs definition covers defense of criminal charges brought against a Member because of a third party using the Member's identity; the document does not say how the two fit together.
Cross-references
contrast (model-proposed): Identity theft costs: re-filing, postage, credit reports and attorney help for listed identity theft problems — contrast: The exclusion of any criminal investigations or proceedings has no stated exception, while the identity theft costs definition covers an approved attorney defending criminal charges against a Member that arise from a third party using the Member's identity. The document does not say how the two fit together.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: bodily injury, third party liability, vehicle damage and fines, with two stated carve-outs
The insurer will not pay for loss caused by or resulting from physical damage or bodily injury, except as described in the Cyberbullying coverage; third party liability or legal defense costs, except as described in the Identity Theft Recovery coverage; damage to a motor vehicle, watercraft, aircraft or other vehicle; or fines or penalties. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Any physical damage or bodily injury, except as described in coverage B.2.f. Cyberbullying.
Any third party liability or legal defense costs, except as described in coverage B.2.b. Identity Theft Recovery.
Any damage to a motor vehicle, watercraft, aircraft or other vehicle.
Any fines or penalties.
Qualifications & exceptions
The bodily-injury carve-out refers to Cyberbullying coverage, which the Schedule card for this program lists as Not Included.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: devices outside Member control, business losses and costs to research or correct deficiencies
The insurer will not pay for damage to any device or system that is not owned or leased by a Member, or operated under the control of a Member or another Member; loss arising from any business, including a business owned or operated by a Member or employing a Member; or, except under the System Restoration part of Cyber Attack coverage, costs to research or correct any deficiency. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Damage to any device or system that is not owned or leased by a Member, or operated under the Member's control or the control of another Member.
Loss arising from any business, including but not limited to any business owned or operated by any Member or any business employing any Member.
Except as specifically provided under the System Restoration portion of Cyber Attack coverage, costs to research or correct any deficiency.
Computing device means a desktop, laptop or tablet computer or Wi-Fi router or other internet access point. Such device must be owned or leased by a Member, as well as operated under the Member's control.
Connected home device means any electronic device, other than a computing device, that connects to the internet or to other electronic devices. This includes, but is not limited to, networked versions of any of the following:
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: events found or occurring before coverage began, and costs incurred over a year after the policy expires
The insurer will not pay for loss from any stolen identity event first discovered by a Member before the inception of the Member's coverage under the policy; any stolen identity event first occurring more than 60 days before the inception of the Member's coverage; or costs or expenses associated with a stolen identity event that are incurred more than one year from the expiration date of the policy. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Any stolen identity event first discovered by a Member prior to the inception of the Member's coverage under the policy.
Any stolen identity event first occurring more than 60 days prior to the inception of the Member's coverage under the policy.
Any costs or expenses associated with a stolen identity event if such costs or expenses are incurred more than one year from the expiration date of the policy.
Not stated here
The document does not give the inception or expiration dates of a Member's coverage or of the policy.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: theft of a professional or business identity, nuclear hazard and governmental seizure of property
The insurer will not pay for loss caused by or resulting from the theft of a professional or business identity, any nuclear hazard (nuclear reaction, radiation or radioactive contamination or their consequences, however caused), or any governmental action, meaning destruction, confiscation or seizure of property by order of any governmental or public authority. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
The theft of a professional or business identity.
Any nuclear hazard.
Any governmental action, meaning the destruction, confiscation or seizure of property by order of any governmental or public authority.
Nuclear Hazard means nuclear reaction, radiation or radioactive contamination, or any consequence of any of these, however caused and whether controlled or uncontrolled.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: war, including cyber warfare, with attribution to a government-linked combatant judged on reasonable evidence
The insurer will not pay for loss caused by or resulting from war or any consequence of it, which includes cyber warfare (whether or not combined with physical combat), undeclared war, civil war, hostile action by military force or cyber measures (including defensive action) by any combatant, and insurrection, rebellion, revolution, usurped power, political violence or governmental action to defend against these, including related cyber action. Cyber warfare, measures and action include disruptive digital activities against a computer network or system intended to cause harm to further political or similar objectives or to intimidate people for such objectives, committed by a combatant. Attribution to a combatant is determined using reasonable evidence such as statements by an affected government or other authority, statements by widely recognized international bodies or alliances, or consensus opinion within relevant expert communities such as the cyber security industry. A combatant is a government, sovereign or other authority, or its agents. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
War, including the following and any consequence of any of the following:
a. Cyber warfare, whether or not occurring in combination with physical combat;
b. Undeclared war;
c. Civil war;
d. Hostile action by military force or cyber measures, including action in defending against or hindering an expected or actual attack, by any Combatant; or
e. Insurrection, rebellion, revolution, usurped power, political violence or action taken by governmental authority in defending against or hindering any of these, including cyber action in connection with any of the foregoing.
For purposes of this exclusion, cyber warfare, cyber measures and cyber action include, but are not limited to, the use of disruptive digital activities against a computer network or system with the intention to cause harm in order to further political or similar objectives, or to intimidate any person(s) in furtherance of such objectives, committed by a Combatant.
The attribution of an action to a Combatant will be determined by relying on reasonable evidence such as:
a. Statements by an impacted government, sovereign or other authority;
b. Statements by widely recognized international bodies (such as the United Nations) or alliances (such as the North Atlantic Treaty Organization); or
c. Consensus opinion within relevant expert communities such as the cyber security industry. Decisions about the presence or absence of war, hostile action, and other terms used in this exclusion will take into consideration the full range of available tactics, weapons and technologies at the time of the event giving rise to the loss.
Combatant means, for purposes of this exclusion, a government, sovereign or other authority, or agents acting on their behalf.
Not stated here
The document does not say who makes the attribution decision beyond the evidence examples, or how disputes about it are resolved.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: outside network failures, data input errors and investment performance
The insurer will not pay for loss caused by or resulting from total or partial failure, interruption, reduced performance or damage to any electrical power supply network or telecommunication network not owned and operated by a Member (including the internet, internet service providers, DNS providers, cable and wireless providers, internet exchange providers, search engine providers and other telecommunications or internet infrastructure providers); any loss resulting directly or indirectly from errors or omissions by a Member or a financial institution in the input or processing of data; or any loss related to the financial performance of any investments. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Total or partial failure or interruption of, reduction in performance of, or damage to any electrical power supply network or telecommunication network not owned and operated by a Member including, but not limited to, the internet, internet service providers, Domain Name System (DNS) service providers, cable and wireless providers, internet exchange providers, search engine providers, internet protocol networks (and similar networks that may have different designations) and other providers of telecommunications or internet infrastructure.
Any loss resulting directly or indirectly from any errors or omissions by a Member or a financial institution in the input or processing of data.
Any loss related to the financial performance of any investments.
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: loss while not enrolled in good standing, and any Member whose primary residence is outside Washington
The insurer will not pay for any loss occurring while the primary Member is not an active customer in good standing of the provider and directly enrolled in the insured program, or for any Member whose primary residence is not located in Washington state (the source text reads "not located Washington state"). These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Any loss occurring while the primary Member is not an active customer in good standing of the provider and directly enrolled in the insured program.
Any Member whose primary residence is not located Washington state.
Primary member means a person who, at the time of the discovery of the stolen identity event, is a customer in good standing of the provider and is directly enrolled in the insured program.
Insured program means the package of products and/or services provided by the provider and shown under the Insured Programs section of the Schedule of this Summary of Benefits.
Not stated here
The document does not say which date decides where the primary residence is, or what happens if a Member moves out of Washington after enrolling.
The document does not define "customer in good standing".
Legal Rights & Agreement Rules · Restriction or exception
Exclusion: losses claimed by the provider, amounts not insurable by law, and sanctions-law violations
The insurer will not pay for any loss claimed by the provider; any amount not insurable under applicable law; or any provision of coverage to the extent it would expose the Member or the provider to a violation of economic or trade sanctions, laws or regulations of the United States or of any other jurisdiction whose laws the insurer is legally obligated to comply with. These exclusions apply to all coverages under the policy, including the Case Management Service and Identity Theft Recovery coverages that the Schedule lists as included for this program.
Supporting quotations
Any loss claimed by the provider.
Any amount not insurable under applicable law.
Any provision of coverage under the policy to the extent that such provision would expose the Member or provider to a violation of economic or trade sanctions, laws or regulations of the United States of America or any other jurisdiction with whose laws we are legally obligated to comply.
Charges & Financial Obligations · Restriction or exception
Member Annual Aggregate Limit and Coverage Aggregate Limit cap what is paid per Member in one policy period
The Member Annual Aggregate Limit shown in the Schedule is the most the insurer will pay for all loss, damage or expense for any one Member arising during one policy period for all coverages provided by the policy. The Coverage Aggregate Limit for each coverage shown in the Schedule is the most it will pay for one Member in one policy period for that coverage. If the insured program includes coverage for family members, each limit applies to all Members associated with any one primary member together. Each limit applies to the total of all loss from all stolen identity events discovered in that policy period. If an occurrence causes loss in more than one policy period, all of it is subject to the Member Annual Aggregate Limit of the first policy period in which the occurrence was discovered.
Supporting quotations
The Member Annual Aggregate Limit shown in the Schedule of this Summary of Benefits under the applicable insured program is the most we will pay for all loss, damage or expense for any one Member arising during any one policy period for all coverages provided by the policy. If the insured program includes coverage for family Members, then the Member Annual Aggregate Limit is the most we will pay for all loss, damage or expense for all Members associated with any one primary member for all coverages provided by the policy. This limit shall apply to the total of all loss, damage or expense arising from all stolen identity events discovered during such policy period.
The Coverage Aggregate Limit for each coverage shown in the Schedule of this Summary of Benefits under the applicable insured program is the most we will pay for all loss, damage or expense for any one Member arising during any one policy period for such coverage. If the insured program includes coverage for family members, then the Coverage Aggregate Limit is the most we will pay for all loss, damage or expense for all Members associated with any one primary member for such coverage. This limit shall apply to the total of all loss, damage or expense arising from all stolen identity events discovered during such policy period. If any occurrence causes loss, damage or expense in more than one policy period, all such loss, damage and expense will be subject to the Member Annual Aggregate Limit of the first policy period in which the occurrence was discovered.
Occurrence means all stolen identity events, cyber attack events, cyberbullying event, cyber extortion events, data breach events, fraud events, home title fraud events or identity theft events that:
b. Such stolen identity event is first discovered by the Member during the policy period for which the policy is applicable; and
Qualifications & exceptions
The Schedule card for this program shows a $1,000,000 Member Annual Aggregate Limit and a $1,000,000 Identity Theft Recovery limit.
Not stated here
The document does not give the policy period dates, so when a period starts and ends is not stated here.
Charges & Financial Obligations · Restriction or exception
Sublimits for legal, wage and care, counseling and miscellaneous costs sit inside the Identity Theft Recovery limit
Legal costs (item d of identity theft costs) are subject to the sublimit shown in the Schedule. Lost wages (item e) and child and elder care expenses (item f) share one joint sublimit. Mental health counseling (item g) and miscellaneous unnamed costs (item h) each have their own sublimit. Each sublimit is part of, and not in addition to, the Identity Theft Recovery limit. For wages and care, counseling, and miscellaneous costs, coverage is limited to wages lost or costs incurred within 12 months after the Member first discovers the stolen identity event. The legal costs sublimit text does not state a 12-month window.
Supporting quotations
The Legal Costs as provided under item d. of the definition of identity theft costs are subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit.
Item e. (Lost Wages) and item f. (Child and Elder Care Expenses) of the definition of identity theft costs are jointly subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit. Coverage is limited to wages lost and costs incurred within 12 months after the first discovery of the stolen identity event by the Member.
Item g. (Mental Health Counseling) of the definition of identity theft costs is subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit. Coverage is limited to costs incurred within 12 months after the first discovery of the stolen identity event by the Member.
Item h. (Miscellaneous Unnamed Costs) of the definition of identity theft costs is subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Identity Theft Recovery Coverage Limit. Coverage is limited to costs incurred within 12 months after the first discovery of the stolen identity event by the Member.
Identity theft costs means the following when they are reasonable and necessary costs that are incurred by a Member as a result of a identity theft event:
Qualifications & exceptions
The Schedule card for this program shows Legal Costs as Included, $5,000 for lost wages and child and elder care, $1,000 for mental health counseling and $1,000 for miscellaneous unnamed costs.
Not stated here
The Schedule shows Legal Costs as "Included" rather than a dollar figure, so the legal costs sublimit amount is not stated.
Charges & Financial Obligations · Restriction or exception
Online scam fraud costs have a sublimit inside the Online Fraud Reimbursement limit
Fraud costs resulting from item a.(5), online scams, in the definition of fraud event are subject to the sublimit shown in the Schedule. The sublimit is part of, and not in addition to, the Online Fraud Reimbursement Coverage Limit.
Supporting quotations
Fraud costs resulting from Item a.(5). (online scams) of the definition of fraud event is subject to the sublimit shown in the Schedule of this Summary of Benefits. This sublimit is part of, and not in addition to, the Online Fraud Reimbursement Coverage Limit.
Qualifications & exceptions
The Schedule card for this program lists Online Fraud Reimbursement and Online Scams as Not Included.
Charges & Financial Obligations · Restriction or exception
Case Management and Identity Theft Recovery have no deductible; other coverages pay only above a scheduled one
The insurer pays only the part of the total payable loss that exceeds the Member Deductible shown in the Schedule for the insured program, subject to the Schedule limits, and the Member is responsible for the applicable Member Deductible if one is shown. Case Management Service and Identity Theft Recovery coverages are not subject to a deductible. These are the two coverages the Schedule lists as included for this program.
Supporting quotations
We will pay only that part of the total payable loss that exceeds the Member Deductible shown in the Schedule of this Summary of Benefits under the applicable insured program, subject to the applicable limits shown in the Schedule of this Summary of Benefits.
The Member will be responsible for the applicable Member Deductible under the applicable insured program, if shown in the Schedule of this Summary of Benefits.
Case Management Service and Identity Theft Recovery coverages are not subject to a deductible.
Qualifications & exceptions
The Schedule card for this program shows no deductible row.
Legal Rights & Agreement Rules · Restriction or exception
Policy conditions apply to all coverages; assignment of the policy needs the insurer's written consent
The Conditions section says the conditions apply to all coverages under the policy. Under the Assignment condition, assignment of the policy is not valid unless the insurer gives written consent.
Supporting quotations
The following conditions apply to all coverages under the policy:
Assignment
Assignment of the policy will not be valid unless we give our written consent.
Account & Service Control · Procedure
Assistance and claims: call the Help Line; send claim records within 60 days of the insurer's request
For Case Management Service, the Member should call the Identity Recovery Help Line, which can give information and advice on how to respond to a possible stolen identity event. The insurer may in some cases provide case management before it has determined that a covered stolen identity event occurred; that is not an admission of liability, and the insurer may deny further coverage or service if investigation shows no covered event occurred. For Identity Theft Recovery, the Member must send receipts, bills or other records supporting the claim for identity theft costs to the insurer within 60 days after the insurer asks for them.
Supporting quotations
Assistance and Claims
With respect to Case Management Service, for assistance the Member should call the Identity Recovery Help Line. The Identity Recovery Help Line can provide the Member with information and advice for how to respond to a possible stolen identity event.
In some cases, we may provide Case Management Service at our expense to a Member prior to a determination that a covered stolen identity event has occurred. Our provision of such services is not an admission of liability under the policy. We reserve the right to deny further coverage or service if, after investigation, we determine that a covered stolen identity event has not occurred.
With respect to Identity Theft Recovery Coverage, the Member must send receipts, bills or other records that support his or her claim for identity theft costs to us within 60 days after our request.
Not stated here
The document does not give a phone number or other contact details for the Identity Recovery Help Line or for sending claim records.
The document does not say what happens if records are not sent within the 60 days.
Legal Rights & Agreement Rules · Company commitment
The insurer's obligations continue if a Member or the provider goes bankrupt or insolvent
The insurer's obligations under the policy are not relieved by the bankruptcy or insolvency of a Member or of the provider.
Supporting quotations
Bankruptcy
Our obligations under the policy will not be relieved by the bankruptcy or insolvency of a Member or provider.
Account & Service Control · Restriction or exception
The provider may cancel at any time; the insurer may cancel only for stated reasons, on notice to the provider
The provider may cancel the policy at any time by telling the insurer in writing the date cancellation takes effect. The insurer may cancel only for stated reasons, by written notice to the provider (delivered or mailed to the provider's address in the policy Declarations, with proof of mailing being enough). The reasons and notice periods are: unpaid premium, at least 10 days before cancellation; a policy in effect less than 60 days that is not a renewal, any reason, at least 10 days before; a renewal or a policy in effect 60 days or more, material misrepresentation that would have stopped the insurer issuing the policy, or substantial change in risk since issue, at least 90 days before; and a policy written for more than one year, any reason at anniversary, at least 90 days before. The notices go to the provider, not to individual Members.
Supporting quotations
Cancellation/Termination
a. The provider may cancel the policy at any time by informing us in writing of the date cancellation is to take effect.
b. We may cancel the policy only for the reasons stated below by informing the provider in writing of the date cancellation takes effect. This cancellation notice may be delivered to the provider, or mailed to the provider at their mailing address shown in the Declarations of the policy. Proof of mailing will be sufficient proof of notice.
(1) When the provider has not paid the premium, we may cancel at any time by letting the provider know at least 10 days prior to the date cancellation takes effect.
(2) When the policy has been in effect for less than 60 days and is not a renewal with us, we may cancel for any reason by letting the provider know at least 10 days prior to the date cancellation takes effect.
(3) When the policy is a renewal with us or has been in effect for 60 days or more, we may cancel:
(i) If there has been a material misrepresentation which if known to us would have caused us not to issue the policy; or
(ii) If the risk has changed substantially since the policy was issued.
This can be done by letting the provider know at least 90 days before the date cancellation takes effect.
(4) When the policy is written for a period of more than one year, we may cancel for any reason at anniversary by letting the provider know at least 90 days before the cancellation takes effect.
Not stated here
The document does not say whether the policy was in effect for less than 60 days, is a renewal, or was written for more than one year.
Account & Service Control · Restriction or exception
Cancellation: pro rata premium refund; Member coverage ends with enrollment or the policy; provider tells Members
When the policy is cancelled, the premium for the period from cancellation to the expiration date is refunded pro rata, and if it is not refunded with the notice or when the policy is returned, the insurer refunds it within a reasonable time after cancellation takes effect. The provider is responsible for informing Members of a non-renewal or cancellation. A Member's coverage ends when the primary member's enrollment in the insured program ends or the policy ends, whichever is earlier.
Supporting quotations
c. When the policy is cancelled, the premium for the period from the date of cancellation to the expiration date will be refunded pro rata.
d. If the return premium is not refunded with the notice of cancellation or when the policy is returned to us, we will refund it within a reasonable time after the date cancellation takes effect.
e. The provider is responsible for informing Members of a non-renewal or cancellation of the policy.
f. Member coverage under the policy shall terminate upon the termination of the primary member’s enrollment in the insured program or the termination of the policy, in accordance with the terms of the policy, whichever is earlier.
Not stated here
The document does not say how or when the provider will tell Members about a cancellation or non-renewal.
Legal Rights & Agreement Rules · Restriction or exception
The policy is the whole agreement between provider and insurer; only the insurer's endorsement can change it
The policy contains all the agreements between the provider and the insurer about the insurance. The provider named in the Schedule is authorized to change the policy terms with the insurer's consent, and the terms can be waived or amended only by an endorsement the insurer issues as part of the policy. The provider is responsible for informing Members of any changes to the policy.
Supporting quotations
Changes
The policy contains all the agreements between the provider and us concerning the insurance afforded. The provider shown in the Schedule of this Summary of Benefits is authorized to make changes in the terms of the policy with our consent. The policy’s terms can be waived or amended only by endorsement issued by us and made a part of the policy. The provider is responsible for informing Members of any changes to the policy.
Not stated here
The document does not say how the provider will inform Members of changes.
Legal Rights & Agreement Rules · Restriction or exception
No coverage for a Member who conceals facts, commits fraud or makes false statements about this insurance
The insurer does not provide coverage to a Member who, before or after a loss, has intentionally concealed or misrepresented any material fact or circumstance, engaged in fraudulent conduct, or made false statements relating to this insurance.
Supporting quotations
Concealment or Fraud
We do not provide coverage to a Member who, whether before or after a loss, has:
a. Intentionally concealed or misrepresented any material fact or circumstance;
b. Engaged in fraudulent conduct; or
c. Made false statements; relating to this insurance.
Legal Rights & Agreement Rules · Restriction or exception
Members must make every reasonable effort not to reveal that cyber extortion coverage exists
For Cyber Extortion coverage, Members must make every reasonable effort to avoid divulging the existence of that coverage.
Supporting quotations
Confidentiality
With respect to Cyber Extortion coverage, Members must make every reasonable effort to avoid divulging the existence of this coverage.
Qualifications & exceptions
The Schedule card for this program lists Cyber Extortion as Not Included.
Security & Safeguards · Restriction or exception
Members must use due diligence to prevent and mitigate covered costs, including security and backups
Members must agree to use due diligence to prevent and mitigate costs covered under the policy. This includes, but is not limited to, complying with reasonable and widely practiced steps for providing and maintaining appropriate system and data security and for maintaining and updating, at appropriate intervals, backups of electronic data.
Supporting quotations
Due Diligence
Members must agree to use due diligence to prevent and mitigate costs covered under the policy. This includes, but is not limited to, complying with reasonable and widely-practiced steps for:
a. Providing and maintaining appropriate system and data security; and
b. Maintaining and updating at appropriate intervals backups of electronic data.
Not stated here
The document does not say what consequence follows if a Member does not use due diligence, or define "reasonable and widely practiced" steps.
Legal Rights & Agreement Rules · Procedure
After a loss: give prompt notice and notify police, schools or card companies; prejudicial failure ends coverage duty
In case of a loss, the Member or the Member's representative must give the insurer prompt notice; notify the police if there has been a violation of the law; notify the police or a school administrator in a cyberbullying event; and notify the bank, credit card, electronic fund transfer card or access device company in a fraud event involving a bank card, credit card or check. If failure to comply with these duties is prejudicial to the insurer, the insurer has no duty to provide coverage under the policy. A school administrator is a principal, vice principal, headmaster or dean.
Supporting quotations
Duties After Loss
In case of a loss, the following duties must be performed either by the Member or the Member's representative. If failure to comply with these duties is prejudicial to us, we have no duty to provide coverage under the policy:
a. Give prompt notice to us;
b. Notify the police if there has been a violation of the law;
c. Notify the police or a school administrator in case of a cyberbullying event;
d. Notify the bank, credit card or electronic fund transfer card or access device company in case of a fraud event involving a bank card, credit card or check;
School administrator means a principal, vice principal, headmaster or dean.
Qualifications & exceptions
The cyberbullying and card-fraud duties relate to coverages the Schedule card for this program lists as Not Included.
Not stated here
The document does not say how to give notice to the insurer or what "prompt" means.
Legal Rights & Agreement Rules · Procedure
The insurer can require details within 30 days, a device inspection, and a sworn proof of loss within 60 days
The Member must cooperate with the insurer's investigation or settlement. Within 30 days after the insurer asks, the Member must provide a description of how, when and where the stolen identity event occurred; written reports of any service providers who took part in the investigation or response; written reports or correspondence to or from law enforcement or any governmental authority or agency or similar organization; and any additional information the insurer asks for that is relevant to its investigation. As reasonably required, the Member must permit the insurer or a third party it appoints to inspect and audit the computing device, connected home device and any records, with the insurer paying any additional expenses of this condition (which are in addition to, not part of, the Member Annual Aggregate Limit) if it approves them in advance. The Member must also send signed, sworn proof of loss with the information the insurer requests within 60 days after the request; the insurer will supply the forms.
Supporting quotations
e. Cooperate with us in the investigation or settlement as follows:
(1) Provide the following information within 30 days after our request:
(i) A description of how, when and where the stolen identity event occurred.
(ii) Written reports of any service providers who participated in the investigation of or response to the stolen identity event.
(iii) Written reports or correspondence to or from law enforcement or any governmental authority or agency, or similar organization.
(iv) Any additional information we request relevant to the investigation of the stolen identity event.
(2) As may be reasonably required, permit us or a third party appointed by us to inspect and audit the computing device, connected home device, and any records. Any additional expenses related to this Condition F.9.e.(2) will be paid by us and will be in addition to, and not part of, the Member Annual Aggregate Limit. We must approve such expenses in advance.
(3) Send us signed, sworn proof of loss that contains the information we request to investigate the stolen identity event. This must be done within 60 days after our request. We will supply the necessary forms.
Not stated here
The document does not say what happens if these deadlines are missed beyond the prejudice rule in the introduction to the duties after loss.
Legal Rights & Agreement Rules · Restriction or exception
The insurer is not the Member's or provider's legal advisor, and its coverage decisions are not legal advice
The insurer states that it is not the legal advisor of the Members or the provider, and that its determination of what is or is not insured does not represent advice or counsel about what a Member should or should not do.
Supporting quotations
Legal Advice
We are not the Members' or provider’s legal advisor. Our determination of what is or is not insured under the policy does not represent advice or counsel from us about what a Member should or should not do.
Account & Service Control · Restriction or exception
The insurer may decline to renew the policy on 90 days' written notice to the provider
The insurer may elect not to renew the policy by delivering or mailing written notice to the provider, at the provider's mailing address shown in the policy Declarations, at least 90 days before the policy's expiration date. Proof of mailing is enough proof of notice. The notice goes to the provider, not to individual Members.
Supporting quotations
Nonrenewal
We may elect not to renew the policy. We may do so by delivering to the provider, or mailing to the provider at their mailing address shown in the Declarations of the policy, written notice at least 90 days before the expiration date of the policy. Proof of mailing will be sufficient proof of notice.
Charges & Financial Obligations · Restriction or exception
The policy pays only after other insurance, warranties and service contracts, including any cyber insurance you carry
The insurer is excess over any other insurance, including cyber insurance, product warranty, extended services agreement or contract. The policy is specifically excess of any cyber insurance policy the Member carries, in addition to any other insurance the Member carries that applies to a loss under the policy.
Supporting quotations
Other Insurance
We shall be excess over any other insurance (including, without limitation, cyber insurance), product warranty, extended services agreement or contract. The policy is specifically excess of any cyber insurance policy carried by the Member, in addition to any other insurance carried by the Member that applies to a loss under the policy.
Not stated here
The document does not say how the excess rule interacts with the Identity Theft Recovery limit or how the Member should coordinate claims.
Legal Rights & Agreement Rules · Procedure
Data breach condition: consult the insurer before notifying; alternate vendors need approval and are capped
Under coverage for notification of data breach affected individuals, the Member agrees to consult the insurer before notification is issued, and the insurer assumes no responsibility for services promised to affected individuals without its prior agreement. The insurer will suggest a service provider for the notification and services; if the Member prefers an alternate provider, the insurer must approve it and will pay no more than it would have paid using the suggested provider. At the pre-notification consultation the Member must give the insurer and the service provider information about the affected individuals to be notified including contact information, information about the data breach event that may appropriately be communicated, and the scope of services the Member wants for affected individuals (coverage may be structured with fewer services to reach more people within the limit).
Supporting quotations
Pre-Notification Consultation
a. The Member agrees to consult with us prior to the issuance of notification to affected individuals under coverage B.2.h. Data Breach. We assume no responsibility for any services promised to affected individuals without our prior agreement.
b. We will suggest a service provider for Notification to Affected Individuals and Services to Affected Individuals. If the Member prefers to use an alternate service provider, our coverage is subject to the following limitations:
(1) Such alternate service provider must be approved by us; and
(2) Our payment for services provided by any alternate service provider will not exceed the amount that we would have paid using the service provider we had suggested.
c. The Member will provide us and the service provider the following at our pre-notification consultation with the Member:
(1) Requested information about the affected individuals to be notified, including contact information;
(2) Information about the data breach event that may appropriately be communicated with affected individuals; and
(3) The scope of services that the Member desires for the affected individuals. For example, coverage may be structured to provide fewer services in order to make those services available to more affected individuals without exceeding the available limit of coverage.
Qualifications & exceptions
The Schedule card for this program lists Data Breach as Not Included.
Charges & Financial Obligations · Context
Premium terms are between the insurer and the provider; the document states no premium for Members
The premium shown in the policy Declarations is based on rates in effect when the policy was issued. Apart from documented, verifiable changes in insurance premium taxes or legal or regulatory requirements that require a rate change, the insurer will change rates only on the policy's renewal effective date. Premium is calculated under the reporting and rates in the Declarations, prorated by the Reporting Period shown there, and the insurer issues a premium invoice to the provider within ten business days of receiving that reporting.
Supporting quotations
Premium
a. The premium shown in the Declarations of the policy was computed based on rates in effect at the time the policy was issued. Other than documented and verifiable change in applicable insurance premium taxes or legal or regulatory requirements requiring a change in the rates, we will only modify rates on the renewal effective date of the policy.
b. Premium will be calculated in accordance with the reporting and the rates shown in the Declarations of the policy, prorated based on the Reporting Period shown in the Declarations of the policy. We will issue a premium invoice to the provider within ten (10) business days of receipt of such reporting.
Not stated here
The document does not say whether a Member pays any premium or how the cost of the program is passed on; the Declarations and Reporting Period are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
Only services from insurer-approved providers are paid for; services are not guaranteed to work for everyone
The insurer pays only for services provided by service providers it has approved, and Members must get its prior approval for any provider whose expenses they want covered; it will not unreasonably withhold approval. Members have a direct relationship with service providers paid for in whole or in part under the policy, and those firms work for the Members. The effectiveness of the services depends on Members' cooperation and assistance. The insurer does not warrant or guarantee that services will be available or applicable to all individuals; for example, under Identity Theft Recovery, Members who are minors or foreign nationals may not have credit records that can be provided or monitored, and service in Canada will be different from service in the United States and Puerto Rico. It also does not warrant or guarantee that services will end or eliminate all problems associated with covered events.
Supporting quotations
Services
a. We will only pay under the policy for services that are provided by service providers approved by us. Members must obtain our prior approval for any service provider whose expenses they want covered under the policy. We will not unreasonably withhold such approval.
b. Members will have a direct relationship with service providers paid for in whole or in part under the policy. Those firms work for the Members.
c. With respect to any services provided by any service provider paid for in whole or in part under the policy:
(1) The effectiveness of such services depends on Members' cooperation and assistance.
(2) We do not warrant or guarantee that services will be available or applicable to all individuals. For example, under Identity Theft Recovery Coverage, Members who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico.
(3) We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events.
Legal Rights & Agreement Rules · Restriction or exception
Suits against the insurer need full compliance with the policy and must start within two years of the loss
No action can be brought against the insurer unless there has been full compliance with all of the terms and conditions of the policy and the action is started within two years after the date of loss.
Supporting quotations
Suit Against Us
No action can be brought against us unless there has been full compliance with all of the terms and conditions of the policy and the action is started within two years after the date of loss.
Legal Rights & Agreement Rules · Restriction or exception
The insurer takes over a Member's rights to recover from others, to the extent it pays, and the Member must protect them
If a Member for whom the insurer makes a payment has rights to recover damages from another party, those rights are transferred to the insurer to the extent of its payment. The Member must do everything necessary to secure the insurer's rights and must do nothing after loss to impair them.
Supporting quotations
Transfer of Rights of Recovery Against Others to Us
If any Member for whom we make payment under the policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. The Member must do everything necessary to secure our rights and must do nothing after loss to impair them.
Legal Rights & Agreement Rules · Restriction or exception
Disputes are governed by Washington law; the Washington Insurance Commissioner is the insurer's agent for service
Any dispute arising out of or related to the policy, or about its application or interpretation, is governed by the laws of the state of Washington without applying conflict-of-laws principles. The insurer designates the Insurance Commissioner of Washington as its lawful attorney on whom lawful process may be served in a Washington action by or for the "Named Insured" or any beneficiary under the policy, and designates the Corporate Secretary of HSB Specialty Insurance Company, One State Street, Hartford, CT 06102, as the person to whom the Commissioner may mail the process.
Supporting quotations
Venue and Choice of Law
Any dispute arising out of or related to the policy, or with respect to the application of or the interpretation of the policy, shall be governed by the laws of the state of Washington, without giving effect to the principles of conflict of laws. We designate the Insurance Commissioner of Washington, pursuant to the laws of Washington, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted in the State of Washington, by, or on behalf of, the Named Insured or any beneficiary hereunder arising out of this Policy. We designate the Corporate Secretary of HSB Specialty Insurance Company, One State Street, Hartford, CT 06102 as the person whom the said officer is authorized to mail such process or true copy thereof.
Not stated here
The document does not define "Named Insured" or say whether a Member is a Named Insured or a beneficiary.
The document does not say where disputes must be filed beyond naming Washington law and the service-of-process designation.
Legal Rights & Agreement Rules · Restriction or exception
A waiver or change of a policy provision is valid only if the insurer makes it in writing
A change or waiver of a provision of the policy must be in writing by the insurer to be valid. The insurer's request for an appraisal or examination does not waive any of its rights.
Supporting quotations
A change or waiver of a provision of the policy must be in writing by us to be valid. Our request for an appraisal or examination will not waive any of our rights.
Not stated here
The group policy itself is not supplied in this source, so this card cannot say which policy provisions a change or waiver could affect.