national union fire insurance company of … union fire insurance company of pittsburgh, pa.® a...

National Union Fire Insurance Company of Pittsburgh, Pa.® A capital stock company

NOTICE: THE LIMITS OF INSURANCE AVAILABLE TO PAY LOSS UNDER COVERAGE A. SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL COSTS UNDER COVERAGE A.

PERSONAL IDENTITY COVERAGE DECLARATIONS

Policy Number: 29106838

1. Master Policyholder: One Technologies LP

2. Address: 8144 Walnut Lane, Suite 510 Dallas, TX 75231

3. Insured: Members of One Technologies ID Theft Programs/See Membership Endorsement #1

4. Policy Period: From: 10/01/2014 To: 10/01/2015 (12:01 A.M. standard time at the address of the master policyholder)

5. Premium Rate: See Membership Endorsement #1 6. Deductible: $0

7. Quarterly Minimum Premium: N/A

8. Deposit Premium (non-refundable): $500.00

9. Aggregate Limit and Sublimits of Insurance for each Insured:

Aggregate Limit See Membership Endorsement #1

10. Endorsements attached at issuance: __________

1. Membership 2. Reporting and Premium 3. Residents Endorsement 4. Coverage Territory (OFAC) 5. State Amendatory 6. UEFT 7. PIC Amendatory

_____ ________ AUTHORIZED REPRESENTATIVE

78854 (8/08) © All rights reserved.

PPPEEERRRSSSOOONNNAAALLL IIIDDDEEENNNTTTIIITTTYYY CCCOOOVVVEEERRRAAAGGGEEE NOTICE: THE LIMITS OF INSURANCE AVAILABLE TO PAY LOSS UNDER THIS POLICY SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL COSTS UNDER THIS POLICY. This policy provides coverage through a master policy with benefits to insureds. Please read the entire policy to determine the master policyholder’s and the insured’s rights and duties and what is and what is not covered under this policy. Terms appearing in bold face have special meaning and are defined in the Definitions Section. In consideration of the premium paid and in reliance upon the master policyholder’s statements to us, we agree to provide to the insured the insurance described in this policy.

I. INSURING AGREEMENT We shall pay the insured for loss, excess of any applicable deductible, resulting from stolen identity events first occurring during the policy period and reported to us within six (6) months of a stolen identity event. II. DEFINITIONS A. Business means any employment, trade, hobby, profession or occupation. B. Computer attack means receipt or transmission of malicious code, unauthorized access

or unauthorized use, whether intentional or unintentional, hostile or otherwise and regardless of whether the perpetrator is motivated for profit, which results in copying, misappropriation or transmission of personal information pertaining to an insured.

C. Computer system means computer hardware, software, firmware, including electronic

data stored thereon, which are linked together through a network of two or more computers, including such networks accessible through the Internet. Computer system shall also include network infrastructure, input, output, processing, storage and off-line media libraries, as well as those written policies and procedures applicable to the security of a computer network.

D. Costs means the following reasonable and necessary costs incurred by the insured as a

result of a stolen identity event:

78855 (8/08) © All rights reserved. 1

a. cost of re-filing rejected applications for loans, grants or other credit instruments;

PERSONAL IDENTITY COVERAGE

b. cost of notarizing affidavits or other similar documents, long distance telephone calls and postage incurred by the insured in order to report a stolen identity event and/or amend or rectify records as to the insured’s true name or identity;

c. cost of up to six credit reports from established credit bureaus (with no more than two reports from any one credit bureau);

d. costs approved by us, for providing periodic reports on changes to, and inquiries about the information contained in the insured’s credit reports or public databases (including, but not limited to credit monitoring services);

e. cost of travel within the United States incurred as a result of the insured’s efforts to amend or rectify records as to the insured’s true name and identity; and

f. costs for elder care or child care incurred as a result of the insured’s efforts to amend or rectify records as to the insured’s true name or identity.

E. Insured means each natural person on record with us as enrolled in a membership

program of the master policyholder at the time of a stolen identity event. F. Legal Defense Fees and Expenses means the reasonable and necessary fees and

expenses incurred by the insured with our consent for an attorney approved by us including:

a. An initial consultation with a lawyer to determine the severity of and appropriate response to a stolen identity event;

b. Defending any suit brought against the insured by a creditor, collection agency or other entity acting on behalf of a creditor for non-payment for goods or services or default on a loan solely as a result of a stolen identity event;

c. Removing any civil judgment wrongfully entered against the insured solely as a result of a stolen identity event; and

d. Defending criminal charges brought against the insured as a result of a stolen identity event; provided, however, we will only pay criminal defense related fees and expenses after it has been established that the insured was not in fact the perpetrator.

G. Loss means the reasonable and necessary costs, lost wages, legal defense fees and

expenses incurred within twelve months of an insured’s discovery of a stolen identity event and incurred within the United States of America.

H. Lost Wages means actual lost wages that would have been earned for time reasonably and necessarily taken off work and away from the insured’s work premises, whether partial or whole days, solely as a result of the insured’s efforts to amend or rectify records as to the insured’s true name or identity as a result of a stolen identity event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes business interruption or future earnings of a self-employed professional. Computation of lost wages for self-employed persons must be supported by, and will be based on, prior year tax returns.

78855 (8/08) 2 © All rights reserved.

I. Master policyholder means the entity first specified in Item 1 in the Declarations.


J. Membership Program means each program sponsored by the master policyholder and

specifically listed by endorsement as covered programs under this policy. K. Personal information means (i) non-public information from which an individual may be

uniquely and reliably identified or contacted; (ii) information concerning an individual that would be considered “nonpublic personal information” within the meaning of Title V of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat 1338); and (iii) information concerning an individual that would be considered “protected health information” within the Health Insurance Portability and Accountability Act of 1996 (as amended) and its implementing regulations. Personal information includes, without limitation, an individual’s social security number, account numbers, account balances, account histories and passwords.

L. Policy means this policy and any endorsement attached hereto, together with the

application with any attachments thereto. M. Policy period means the period commencing on the effective date specified in Item 4 of

the Declarations. This period ends on the expiration date specified in Item 4 of the Declarations or, in the event of cancellation or non-renewal of this policy, then the date specified in such cancellation or non-renewal notice.

N. Self-employed person means a person who owns or operates his or her own business

and whose primary income is earned from such business. O. Stolen identity event means the theft of the insured’s personal information, which has

resulted or could reasonably result in the wrongful use of such information. All loss resulting from stolen identity event(s) and arising from the same, continuous, related or repeated acts shall be treated as arising out of a single stolen identity event occurring at the time of the first such stolen identity event. Stolen identity event shall not include the theft or wrongful use of the insured’s business name, d/b/a or any other method of identifying any business activity of the insured.

P. Suit means a civil proceeding seeking money damages that is commenced by the

service of a complaint or similar pleading. Q. Unauthorized access means the gaining of access to a computer system by an

unauthorized person(s) or by an authorized person(s) in an unauthorized manner. R. Unauthorized use means the use of a computer system by an unauthorized person(s) or

by an authorized person(s) in an unauthorized manner. S. We, us and our mean the insurance company providing this policy. III. OBLIGATIONS OF THE MASTER POLICYHOLDER



As a condition precedent to coverage under this policy, the master policyholder shall at all times have the duties and obligations set forth in this section. These duties and obligations are in addition to any obligations of the insured otherwise provided for under this policy. The master policyholder shall: A. allow us to examine and audit all of the master policyholder’s records that relate to this

policy. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends;

B. promptly advise us and any potentially affected insured of a computer attack that may

have resulted in the unauthorized computer access of personal identity information pertaining to an insured;

C. take all reasonable steps to use, design, maintain and upgrade its network and

computer system security and to minimize computer attacks of its network and computer system;

D. reasonably inform the insured of its rights and obligations under this policy in a form

approved by us; E. submit to us for our review and approval any informational materials developed by the

master policyholder with respect to the policy or policy benefits. This shall specifically include, but not be limited to, any materials that refer, directly or indirectly, to Chartis Inc., or the existence of the policy issued to the master policyholder;

F. comply with all applicable privacy laws and regulations including, without limitation, all

laws and regulations relating to the collection, maintenance and dissemination of personal information;

G. pay applicable premium and not charge any insured an itemized, separate fee for

receiving the policy benefits.

IV. OBLIGATIONS OF THE INSURED As a condition precedent to coverage under this policy, the insured shall have the following duties and obligations at all times. These duties and obligations are in addition to any obligations of the master policyholder otherwise provided for under this policy:


A. If a stolen identity event occurs, the insured shall:

Promptly, but no later than six (6) months after a stolen identity event occurs, notify us of such stolen identity event by calling the telephone number provided in the insured’s Summary Description of Benefits, or contacting us at Chartis Claims, Inc., 175 Water Street, New York, NY 10038. The insured shall follow our written instructions to mitigate potential loss, which will be provided to the insured in a claims kit and which will include the prompt notification of the major credit bureaus, the


Federal Trade Commission’s Identity Theft Hotline and appropriate law enforcement agencies.

B. If a loss occurs, the insured shall also:

1. Promptly notify us of the loss, submit to us the written proof of loss provided to the insured in a claims kit, and provide any other reasonable information or documentation that we may request;

2. Take all reasonable steps to mitigate loss resulting from a stolen identity event including, but not limited to, requesting a waiver of any applicable fees including loan application fees or credit bureau fees;

3. File a report with the police or appropriate law enforcement authority, and

4. Provide all assistance and cooperation we may require in the investigation and determination of any loss, including but not limited to:

a. Immediately forwarding to us any notices, summons or legal papers received by the insured in connection with a loss or the theft of personal information;

b. Authorizing us to obtain records and other information with regard to any loss including permitting us to inspect the insured’s books and records;

c. Cooperating with and helping us to enforce any legal rights the insured or we may have against anyone who may be liable to the insured;

d. Attending depositions, hearings and trials, securing and giving evidence, and obtaining the attendance of witnesses with regard to any loss; or

e. Answering our questions under oath at such times as may be reasonably required about any matter relating to this policy or the insured’s loss. In such event, the insured’s answers under oath shall be signed.

V. EXCLUSIONS

This policy shall not apply to any loss arising directly or indirectly out of the following: A. Dishonest Acts

Any dishonest, criminal, malicious or fraudulent acts if the insured that suffered a loss personally participated in, directed, or had knowledge of such acts.

B. Bodily Injury

Any physical injury, sickness, disease, disability, shock, mental anguish, and mental injury, including, required care, loss of services or death at any time resulting therefrom.



C. War

Strikes or similar labor action, war (whether declared or not), or any act or condition incident to war. War includes civil war, insurrection, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion, revolution, invasion, hostilities or warlike operations or mutiny.

D. Pollution

The presence of or the actual, alleged or threatened discharge, dispersal, release or escape of pollutants (including nuclear materials), or any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants, or in any way respond to or assess the effects of pollutants.

E. Late Reporting

Any loss reported to us more than six (6) months after a stolen identity event occurs.

VI. LIMITS OF INSURANCE

A. The aggregate limit of insurance specified in Item 9 of the Declarations is the most we shall pay the insured for loss, excess of any applicable deductible, resulting from all stolen identity events combined first occurring during the policy period.

B. All loss arising out of the same, continuous, related or repeated stolen identity events

shall be subject to the terms, conditions, exclusions and single Aggregate Limit of Insurance in effect at the time the first such stolen identity event occurs.

C. The maximum we shall pay per insured for an initial consultation with a lawyer shall

not exceed the amount for initial legal consultation as specified in Item 9 of the Declarations. ALL LEGAL DEFENSE FEES AND EXPENSES ARE PART OF, AND NOT IN ADDITION TO, THE AGGREGATE LIMIT OF INSURANCE FOR EACH INSURED.

D. The maximum we shall pay per insured for lost wages shall not exceed the amount per

week for lost wages and the maximum number of weeks as specified in Item 9 of the Declarations. The amount per week for lost wages is a sublimit of the Aggregate Limit of Insurance for each insured and, as such, is part of, and not in addition, to the Aggregate Limit of Insurance for each insured.

E. The maximum we shall pay per insured for travel shall not exceed the amount for travel

expenses as specified in Item 9 of the Declarations. This amount is a sublimit of the Aggregate Limit of Insurance for each insured and, as such, is part of and not in addition to, the Aggregated Limit of Insurance for each insured.


F. The maximum we shall pay per insured for elder care and child care shall not exceed the amount for elder care and child care as specified in Item 9 of the Declarations. This amount is a sublimit of the Aggregate Limit of Insurance for each insured and, as such, is part of and not in addition to, the Aggregate Limit of Insurance for each insured.


VII. DEDUCTIBLE A. The insured shall be responsible for the applicable deductible amount specified in Item

6 of the Declarations and the insured may not insure against it. B. Regardless of the number of covered stolen identity events first occurring during the

policy period each insured shall be responsible for only a single deductible during any one policy period.

VIII. POLICY CONDITIONS A. Coverage Territory

Subject to its terms, conditions and exclusions, this policy applies to a stolen identity event occurring anywhere in the world, but we shall only pay for loss incurred in the United States.

B. Legal Action Against Us

No legal action may be brought or made against us under this policy unless:

1. There has been full compliance with all of the terms of this policy; and

2. The action is brought within two (2) years after the date on which a stolen identity

event occurred.

C. Concealment, Misrepresentation or Fraud

This policy shall be void if the master policyholder intentionally conceals or misrepresents a material fact concerning this policy. In addition, this policy shall also be void for any one insured if that insured intentionally conceals or misrepresents a material fact concerning:

1. A stolen identity event;

2. The insured’s interest in any property involved in a loss; or

3. A loss under this policy.

D. Bankruptcy

The bankruptcy or insolvency of the insured or the insured’s estate shall not relieve us of any obligation under this policy.

E. Titles of Paragraphs

Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate.



F. Transfers of Rights of Recovery Against Others to Us

If any person for whom we make payment under this policy has rights to recover from another, those rights are transferred to us to the extent of our payment. That person shall do everything necessary to secure our rights and shall do nothing after loss to impair them. The insured may, however, waive the insured’s rights of recovery in writing before a loss occurs.

G. Other Insurance

1. We shall be excess over any other insurance (including, without limitation, homeowner’s or renter’s insurance), product warranty, extended services agreement or contract. If the insured has other insurance that applies to a loss under this policy, the other insurance shall pay first. This policy applies to the amount of loss that is in excess of:

a. The Limit of Insurance of the insured’s other insurance; and

b. The total of all the insured’s deductibles and self-insured amounts under all such other insurance.

2. In all events, we shall not pay more than our Limit of Insurance specified in Item 9 of the Declarations.

H. Duplicate Coverages

Should the insured be enrolled in more than one membership program insured by us or any of our affiliates, subject to the applicable deductibles and limits of insurance of the insured under the applicable membership program, we will reimburse the insured under each membership program, but in no event shall the total amount reimbursed to the insured under all membership programs exceed the actual amount of loss.

I. Conformance To Statute

To the extent a term of this policy conflicts with a statute of the State within which this policy is issued, the term shall be deemed amended so as to conform to the statute.

J. Assignment

This policy and all rights provided by this insurance are not assignable without our written consent.

K. Changes

Changes to the provisions of this policy shall be made only by endorsement issued by us and made a part of this policy.


L. Litigation

The master policyholder shall promptly advise us of the material facts of (i) any pending or threatened investigation with respect to the policy by a governmental agency or authority, (ii) any complaint filed against the parties with respect to the


policy by any governmental agency or authority or (iii) any pending or threatened litigation against the master policyholder or us with respect to the policy. The master policyholder shall also promptly advise us of the material facts of any pending or threatened litigation, or the existence of any criminal indictment or conviction against the master policyholder or its senior management, which could adversely affect the policy or either the master policyholder’s or our ability to perform obligations under this policy.

M. Proprietary Rights

Except as provided herein, this policy does not confer upon either party any interest in or right to use any trademark, service mark or other intellectual property right of the other party hereto or its affiliates (collectively referred to as such party’s “Intellectual Property Rights”) in connection with the policy or for any other purpose unless a party receives the prior written consent of the other party hereto, which consent may be granted or withheld in a party’s sole discretion. Upon termination of this policy each party shall immediately cease and discontinue all use of the other party’s Intellectual Property Rights. In no event may any party or any affiliated person or entity utilize any other party’s Intellectual Property Rights in connection with any products or services other than the policy.

IX. Policy Termination

A. This policy shall terminate on the expiration date specified in Item 4 of the Declarations or, in the event of cancellation or non-renewal of this policy, the date specified in such notice of cancellation or non-renewal. There shall be no coverage for any stolen identity event occurring after the effective date and time of such expiration, cancellation or non-renewal. Termination of this policy shall not reduce or eliminate the six (6) month period in which the insured must report to us a stolen identity event.

B. If we cancel or non-renew this policy, we shall mail or deliver written notice to the

master policyholder at the mailing address shown in Item 2 of the Declarations stating the effective date of such cancellation or non-renewal. If notice is mailed, proof of mailing shall be sufficient proof of notice.

C. We may cancel or non-renew this policy by mailing or delivering to the master

policyholder written notice at least:

1. Twenty (20) days before the effective date of cancellation if we cancel for nonpayment of premium; or

2. Forty-five (45) days before the effective date of non-renewal or cancellation, if we cancel for any other reason. At our sole and absolute discretion, we may extend this policy on the same terms and rates beyond the expiration date set forth in Item 4 of the Declarations for such period as is necessary for us to comply with this paragraph.


The policy period shall end on the effective date specified in the cancellation or non-renewal notice.


D. The master policyholder may cancel this policy by mailing or delivering to us advance

written notice of cancellation setting forth the date and time thereafter during the policy period on which the cancellation shall be effective. In such case, the master policyholder shall return the policy or a properly executed Lost Policy Release by mail or delivery to us within seven (7) days of the effective date of cancellation.

X. CANCELLATION OF MEMBERSHIP

After the cancellation, termination or expiration of the insured’s individual membership in the membership program, any coverage under this policy for that insured is terminated and there shall be no coverage for that insured for any stolen identity event occurring after the effective date and time of such termination. IN WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary and signed on the Declarations page by our duly authorized representative.


This endorsement, effective at 12:01 AM 10/01/2014 forms a part of Policy number: 29106838 Issued to: One Technologies, LP. By: National Union Fire Insurance Company of Pittsburgh, Pa.

99823 (8/08)

MEMBERSHIP ENDORSEMENT #1 In consideration of the premium charged, it is hereby understood and agreed that Item 5, Item 6 and Item 9 of the Declarations are deleted in their entirety and replaced with the following: Item 5. Premium Rate (monthly rate per Insured): Membership Program Per Individual

Member UEFT

Endorsement? Restoration

Services Provided? (Yes or No)

One Technologies-$1,000,000 $0.0573 Yes No One Technologies-$25,000 $0.034 No No Item 6. Deductible: Membership Program Deductible Per Member One Technologies-$1,000,000 $0 One Technologies-$25,000 $0 Item 9. Aggregate Limit and Sublimits of Insurance for each Insured:

Lost Wages Membership Program

Aggregate Limit Per

Week Max Weeks

Initial Legal

Consultation

Travel Expenses

Elder Care and Child

Care

One Technologies-$1,000,000

$1,000,000 $1000 5 Wks $1000.00 $1000.00 $1000.00

One Technologies-$25,000

$25,000 $1000 5 Wks $1000.00 $1000.00 $1000.00

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.

© All rights reserved.



Reporting and Premium Endorsement Page 1 of 1

REPORTING AND PREMIUM ENDORSEMENT #2 POLICY MODIFICATIONS

In consideration of the premium charged it is agreed that: I.

Section III, OBLIGATIONS OF THE MASTER POLICYHOLDER is amended by appending the following: The master policyholder shall: H. pay any applicable deposit premium which shall be fully earned by us and

nonrefundable, as specified in the invoice and in Item 8 of the declarations. I. On the fifth business day after the end of each calendar month during the policy

period , the master policyholder shall provide us with the number of participants for each of the master policyholder’s membership programs to which this policy applies. This number shall include any participant who at any time during the month of the report:

a. became newly enrolled in a membership program; b. ended enrollment in a membership program; or c. continued enrollment in a membership program.

We shall calculate the premium at the rate shown in this policy and shall send an invoice to the master policyholder for the premium due for that period. Credit shall be allowed for the deposit premium paid. Premium shall be subject to the quarterly minimum premium specified in Item 7 of the declarations; however, the minimum shall be prorated for any calendar quarter which is not completely within the policy period.





RESIDENT ENDORSEMENT #3 POLICY MODIFICATIONS

This policy as issued is amended as follows:

Coverage only applies to residents of the state of New York.




Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ENDORSEMENT #1

This endorsement, effective 10/01/2014 12:01 AM forms a part of policy number 29106838 issued to One Technologies LP. by National Union Fire Insurance Company of Pittsburgh, Pa.

ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following: The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer, its parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America.



___________ AUTHORIZED REPRESENTATIVE

89644 (6/13) Page 1 of 1


NEW YORK AMENDATORY ENDORSEMENT #5

Wherever used in this endorsement: 1)"Insurer" means the insurance company which issued this policy; and 2) "Insured" means the Named Corporation, Named Organization, Named Sponsor, Named Insured, Named Entity or Insured stated in the declarations page; The policy is hereby amended as follows: I. The Cancellation and When We Do Not Renew provisions are deleted and replaced by the

following:

(a) CANCELLATION BY THE INSURED

This policy may be cancelled by the Insured by surrender of this policy to the Insurer or by giving written notice to the Insurer stating when thereafter such cancellation shall be effective. The Policy Period terminates at the date and hour specified in such notice, or at the date and time of surrender.

(b) CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL BY THE

INSURER

(i) If this policy has been in effect for sixty (60) or fewer days when cancellation notice is mailed, and this policy is not a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than twenty (20) days thereafter (fifteen (15) days thereafter if cancellation is because of one of the reasons for cancellation set forth in subsection (ii) below) the cancellation shall be effective. Notice of cancellation issued by the Insurer shall specify the grounds for cancellation.

(ii) If this policy has been in effect for more than sixty (60) days

when notice of cancellation is mailed, or if this policy is a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than fifteen (15) days thereafter the cancellation shall be effective; however, such cancellation must be based on one or more of the following:

(A) nonpayment of premium, provided, however, that a

notice of cancellation on this ground shall inform the first Named Insured of the amount due;

69898 (9/06) Page 1 of 4

(B) conviction of a crime arising out of acts increasing the hazard insured against;

(C) discovery of fraud or material misrepresentation in

the obtaining of the policy or in the presentation of a claim thereunder;

(D) after issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current Policy Period;

(E) material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;

(F) required pursuant to a determination by the New York Superintendent of Insurance that continuation of the present premium volume of the Insurer would jeopardize the Insurer's solvency or be hazardous to the interests of Insureds of the Insurer, its creditors or the public;

(G) a determination by the New York Superintendent of Insurance that the continuation of the policy would violate, or would place the Insurer in violation of, any provision of the New York Insurance Law;

(H) revocation or suspension of an Insured's license to practice his profession; or

(I) where the Insurer has reason to believe that there is a probable risk or danger that the Insured will destroy or permit the destruction of the insured property for the purpose of collecting the insurance proceeds, provided, however, that:

(1) a notice of cancellation on this ground shall

inform the Insured in plain language that the Insured must act within ten days if review by the department of the ground for cancellation is desired pursuant to item (3) of this subparagraph (I);

(2) notice of cancellation on this ground shall be

provided simultaneously by the Insurer to the department; and

(3) upon written request of the Insured made to

the department within ten days from the Insured's receipt of notice of cancellation on this ground, the department shall undertake a review of the ground for cancellation to determine whether or not the Insurer has satisfied the criteria for cancellation specified in this subparagraph; if after such review the

69898 (9/06) Page 2 of 4

department finds no sufficient cause for cancellation on this ground, the notice of cancellation on this ground shall be deemed null and void.

Notice of cancellation by the Insurer shall specify the grounds for cancellation.

(iii)

(A) The Insurer shall mail to the Insured, and to his authorized insurance agent or broker, written notice indicating the Insurer's intention:

(1) not to renew this policy; (2) to condition its renewal upon change of limits, change

in type of coverage, reduction of coverage, increased deductible or addition of exclusions or upon increased premiums in excess of ten percent; (exclusive of any premium increase generated as a result of increased exposure units or as a result of experience rating, loss rating, or audit);

(3) that the policy will not be renewed or will not be renewed upon the same terms, conditions or rates; such alternative renewal notice must be mailed or delivered on a timely basis and advise the Insured that a second notice shall be mailed at a later date indicating the Insurer's intention as specified in subparagraph (1) or (2) of this paragraph (A) and that coverage shall continue on the same terms, conditions and rates as expiring, until the later of the expiration date or sixty (60) days after the second notice is mailed or delivered; such alternative renewal notice also shall advise the insured of the availability of loss information and, upon written request, the request, the insurer shall furnish such loss information within ten (10) days to the insured.

(B) A nonrenewal notice as specified in subparagraph (1), a conditional

renewal notice as specified in subparagraph (2), and the second notice described in subparagraph (3) of paragraph (A) of this subsection (iii) shall contain the specific reason or reasons for nonrenewal or conditional renewal, and set forth the amount of any premium increase and nature of any other proposed changes.

(C) The notice required by paragraph (A) of this subsection (iii) shall be

mailed at least sixty (60) but not more than one hundred twenty (120) days in advance of the end of the Policy Period.

(D)

(1) If the Insurer employs an alternative renewal notice as authorized by subparagraph (3) of paragraph (A) of this subsection (iii), the Insurer shall provide coverage on the same terms, conditions, and rates as the expiring policy, until the later of the expiration date or sixty (60) days after the mailing of the second notice described in such subparagraph.

69898 (9/06) Page 3 of 4

(2) Prior to the expiration date of the policy, in the event

that an incomplete or late conditional renewal notice or a late nonrenewal notice is provided by the Insurer, the Policy Period shall be extended, at the same terms and conditions as the expiring policy, except that the annual aggregate limit of the expiring policy shall be increased in proportion to the policy extension, and at the lower of the current rates or the prior period's rates, until sixty (60) days after such notice is mailed, unless the Insured elects to cancel sooner.

(3) In the event that a late conditional renewal notice or a late nonrenewal notice is provided by the insurer on or after the expiration date of the policy, coverage shall remain in effect on the same terms and conditions of the expiring policy for another required policy period, and at the lower of the current rates or the prior period's rates unless the insured during the additional required policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis.

(iv) Nothing herein shall be construed to limit the grounds for which the Insurer may lawfully rescind this policy or decline to pay a claim under this policy.

(v) Notice required herein to be mailed to the Insured shall be mailed

to the Insured at the address shown in Item 1 of the Declarations.

Notice required herein to be mailed by the Insurer shall be sent by registered, certified or other first class mail. Delivery of written notice shall be equivalent to mailing.

Proof of mailing of such notice as aforesaid shall be sufficient proof of notice. The Policy Period shall terminate at the effective date and hour of cancellation or nonrenewal specified in such notice.

(vi) If this policy shall be cancelled by the Insured, the Insurer shall

retain the customary short rate proportion of the premium hereon.

If this policy shall be cancelled by the Insurer, the Insurer shall retain the pro rata proportion of the premium hereon.

Payment or tender of any unearned premium by the Insurer shall not be a condition of cancellation, but such payment shall be made as soon as practicable.

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69898 (9/06) Page 5 of 4


One Technologies Manuscript UEFT Endorsement Page 1 of 5

UNAUTHORIZED ELECTRONIC FUND TRANSFER REIMBURSEMENT ENDORSEMENT

This endorsement modifies insurance provided under the following: PERSONAL IDENTITY COVERAGE In consideration of the premium charged, it is hereby understood and agreed that the policy is amended as follows: (1) SECTION I, INSURING AGREEMENT, is amended to include the following at the end

thereof:

EFT—1. Unauthorized Electronic Fund Transfer Reimbursement Coverage We shall reimburse the insured for stolen funds loss, excess of any deductible, resulting from unauthorized electronic fund transfers first occurring during the policy period and reported to us within six (6) months of the unauthorized electronic fund transfer.

(2) SECTION II, DEFINITIONS, PARAGRAPH G, “Loss,” is amended by adding the

following at the end thereof:

With respect to Insuring Agreement EFT-1. (Unauthorized Electronic Fund Transfer Reimbursement Coverage):

Stolen Funds Loss means the principal amount, exclusive of interest and fees,

incurred by the insured and caused by an unauthorized electronic fund transfer. Stolen Funds Loss shall not include any amount for which the insured did not seek reimbursement from the financial institution which issued the access device and holds the account from which funds were stolen, and stolen funds loss shall not include any amount for which the insured received reimbursement from any source.

(3) SECTION II, DEFINITIONS, is amended by appending the following definitions to the

end of that Section:

EFT1. Access Device means a card, code or other mean of access to an insured’s account, or any combination thereof, that may be used by the insured to initiate electronic fund transfers.

EFT2. Account means a cash, demand deposit (checking), savings or money market

account of the insured held directly or indirectly by a financial institution and established primarily for personal, family or household purposes..

EFT3. Electronic Fund Transfer means any transfer of funds that is initiated through

an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing or authorizing financial institution to debit or credit an insured’s account. Electronic fund transfer includes but is not limited to (i) point-of-sale transfers; (ii) automated teller machine transfers; (iii) direct deposits or withdrawals of funds; (iv) transfers initiated by telephone; (v) transfers resulting from debit card transactions, whether or not initiated through an electronic terminal.

EFT4. Financial Institution means a bank, savings, association, credit union, or any

other person that directly or indirectly holds an account belonging to an insured, or that issues an access device and agrees with an insured to provide electronic fund transfer services.

EFT5. Stolen Funds Loss means the principal amount, exclusive of interest and fees,

incurred by the insured and caused by an unauthorized electronic fund transfer. Stolen Funds Loss shall not include any amount for which the insured did not seek reimbursement from the financial institution which issued the access device and holds the account from which funds were stolen, and stolen funds loss shall not include any amount for which the insured received reimbursement from any source.

EFT6. Unauthorized electronic fund transfer means an electronic fund transfer from a

insured’s account initiated by a person other than the insured without the actual authority to initiate the transfer and from which the insured receives no benefit. An unauthorized electric fund transfer does not include an electronic fund transfer initiated: (1) by a person who was furnished the access device to the to the insured’s account by the insured, unless the insured has notified the financial institution that transfers by such person are no longer authorized; (2) with fraudulent intent by the insured or any person acting in concert with the insured; or (3) by the financial institution or its employee.

(4) SECTION IV, OBLIGATIONS OF THE INSURED, is amended by appending the

following:

EFT. With respect to Insuring Agreement EFT-1., if a stolen funds loss occurs, the insured shall:


1. take all reasonable steps to prevent further stolen funds loss after suffering an unauthorized electronic fund transfer including, but not limited, to promptly contacting the financial institution which issued the access device and holds the account;

2. take all reasonable steps to obtain reimbursement for the stolen funds loss from the financial institution which issued the access device and holds the account;

3. promptly give notice to us of the stolen funds loss and detailed information regarding the stolen funds loss, including without limitation, the type, dates, and amount of stolen funds loss; provided, however, that notice to the master policyholder shall not satisfy this policy condition;

4. send us at our request, a signed, sworn proof of stolen funds loss, or affidavit containing the information we request to investigate the stolen funds loss. The insured shall do this within sixty (60) days after our request. We shall supply the insured with the necessary forms.

5. provide us with complete description of efforts to obtain reimbursement from the financial institution that issued the access device and holds the account and stated reasons why full or partial reimbursement was not provided; and

6. provide any other reasonable information or documentation that we may request.

(5) SECTION V, EXCLUSIONS, Item E, “Late Reporting” is amended by the addition of

the following:

Solely with respect to an unauthorized electronic fund transfer, we do not cover any stolen funds loss reported to us more than six (6) months after the first occurrence of the unauthorized electronic fund transfer

(6) SECTION V, EXCLUSIONS, is amended by appending the following:

With respect to coverage under Insuring Agreement EFT-1, there shall be no coverage under this policy for any loss arising directly or indirectly from: EX1. Business or Professional Services

We do not cover any loss arising out of a business or professional service engaged in by the insured, including loss connected to accounts used for business purposes.

EX2. Public Authority

Destruction, confiscation or seizure by order of any government or public authority;

EX3. Voluntary Disclosure

We do not cover any loss resulting from the voluntary disclosure of any code or other security information which can be used to gain access to the insured’s account using an access device to someone who subsequently contributes to the unauthorized electronic fund transfer. This does not include disclosure of any code or other security information which can be used to gain access to the insured’s using an


access device that occurred when the insured were under duress or when the insured were a victim of fraud.

EX4. Family Member Exclusion

Any Unauthorized Electronic Funds Transfer which a member of the insured’s family (including but not limited to spouse, sibling, parent, grandparent, child, grandchild, niece or nephew) participated in, directed or had prior knowledge.

(7) SECTION VI, LIMITS OF INSURANCE, is amended by deleting Items A and B in their

entirety and replacing them with the following:

A. The aggregate limit of insurance specified in Item 9 of the Declarations is the most we shall pay the insured for loss, excess of any applicable deductible, resulting from all stolen identity events and unauthorized electronic fund transfers combined first occurring during the policy period.

B. All loss arising out of the same, continuous, related or repeated stolen identity

events or unauthorized electronic fund transfers shall be subject to the terms, conditions, exclusions and single Aggregate Limit of Insurance in effect at the time the first such stolen identity event or unauthorized electronic fund transfer occurs.

(8) SECTION VII, DEDUCTIBLE, is amended by deleting Item B in its entirety and

replacing it with the following:

B. Regardless of the number of covered stolen identity events or the number of covered unauthorized electronic fund transfers first occurring during the policy period each insured shall be responsible for only a single Deductible during any one policy period.

(9) SECTION VIII, POLICY CONDITIONS, PARAGRAPH A, “Coverage Territory” is

deleted in its entirety and replaced with the following:

A. Coverage Territory

Subject to its terms, conditions and exclusions, this policy applies to a stolen identity event or unauthorized electronic fund transfer occurring anywhere in the world, but we shall only pay for loss incurred in the United States.

(10) SECTION VIII, POLICY CONDITIONS, PARAGRAPH B, “Legal Action Against Us”,

Item 2, is deleted in its entirety and replaced with the following:

2. The action is brought within two (2) years after the date on which a stolen identity event or unauthorized electronic fund transfer first occurred.


(11) SECTION VIII, POLICY CONDITIONS, PARAGRAPH C, “Concealment, Misrepresentation or Fraud” Item 1, is deleted in its entirety and replaced with the following:

1. A stolen identity event or unauthorized electronic fund transfer;

(12) SECTION IX, POLICY TERMINATION, Item A, is deleted in its entirety and replaced

with the following:

A. This policy shall terminate on the expiration date specified in Item 4 of the Declarations or, in the event of cancellation or non-renewal of this policy, then the date specified in such notice of cancellation or non-renewal. There shall be no coverage for any stolen identity event or unauthorized electronics funds transfer occurring after the effective date and time of such expiration, cancellation or non-renewal. Termination of this policy shall not reduce or eliminate any time periods in which the insured must report to us a stolen identity event or unauthorized electronics funds transfer or send us signed, sworn proof of loss or affidavit containing the information we request to investigate a claim.

(13) SECTION X, CANCELLATION OF MEMBERSHIP, the first paragraph is deleted in its

entirety and replaced with the following:

After the cancellation, termination or expiration of the insured’s individual membership in the membership program, any coverage under this policy for that insured is terminated and there shall be no coverage for that insured for any stolen identity event or unauthorized electronic fund transfer occurring after the effective date and time of such termination.






PERSONAL INTERNET AND IDENTITY COVERAGE AMENDATORY #7 In consideration of the premium charged it is agreed that:

I. It is agreed that in Clause II., DEFINITIONS, the Definition of Stolen identity event is amended as follows:

The Definition of Stolen identity event is amended as follows

Stolen identity event shall include Medical identity theft.

Solely for the purposes of the coverage provided by this endorsement:

Medical Identity Theft means the theft of the insured’s personal or health insurance information to obtain medical treatment, pharmaceutical services or medical insurance coverage. Medical identity theft also means the theft of the insured’s personal or health insurance information to submit false claims for medical services or goods.

II. Section II, Definitions, Item F, Subheading 1 is amended by appending the following: 1. Costs

G. costs incurred by the insured for ordering medical records for the purpose of amending and/or rectifying these documents as a result of a stolen identity event

III. Section II, Definitions, Item F, Subheading 3 is amended by appending the following:

3. Legal Defense

E. Challenging the accuracy or completeness of any information in the insured’s medical history as a result of a medical identity theft. It is further agreed that solely with respect to subparagraph (3) the insured, with our express prior written consent, may select such attorney.

F. Challenging the accuracy or completeness of any information in the insured’s tax history as a result of a stolen identity event. It is further agreed that solely with respect to subparagraph (3) the insured, with our express prior written consent, may select such attorney.

IV.

Section IV, Obligations of the Insured is amended by appending the following:

4. File a report with the police or appropriate law enforcement authority.



____ ________ AUTHORIZED REPRESENTATIVE

78052 (04/14)

AIG Property Casualty U.S. Privacy and Data Security Notice

About This Notice This Privacy and Data Security Notice applies only to your Personal Information (see definition below) obtained by one of the property-casualty insurance company subsidiaries or affiliates of American International Group, Inc. listed at the end of this notice (collectively, the “AIG Companies” or “we”) in connection with the products or services one of those companies provided primarily for your personal, family, or household purposes in connection with which you are receiving this notice. The AIG Companies have established practices, procedures and system protections that are designed to help protect the privacy and security of Personal Information that we collect in the course of conducting our business. This notice outlines how we collect, handle, and disclose Personal Information about you. The term “Personal Information,” as used in this Privacy and Data Security Notice, means information that identifies you personally. Examples of Personal Information include, but are not limited to, a first and last name, a home or other physical address, an email address, a financial account or credit card number, a driver’s license number, and information on your physical condition or health status. I. Information Privacy We may collect Personal Information from applications, enrollment forms, in claims processing, or in your other interactions with us and with our Affiliates. We may also collect Personal Information from credit reporting agencies and other third parties in connection with the sale of our products to you. We will collect Personal Information only in accordance with applicable laws or regulations, whether we collect it in response to your request for a product or service from us or otherwise. Information Sharing We may share your Personal Information with Affiliates and Non-Affiliates as described below. With our Affiliates: Our Affiliates may include other insurance companies, insurance holding companies, insurance agents and agencies, claims administrators, marketing companies, e-commerce service providers, and companies providing administrative services. We may share your Personal Information, including Personal Information of a health nature, with our Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and collections), risk management, underwriting, and claims handling. We may also share your Personal Information with our Affiliates for the purpose of detecting and preventing fraud, as directed or authorized by you, or as otherwise permitted or required by law. With Non-Affiliates: We may share your Personal Information, including Personal Information of a health nature, with Non-Affiliates that assist us in servicing your insurance policies. Examples are administration (billing and collections), risk management, underwriting, and claims handling. We may also share your Personal Information with Non-Affiliates for the purpose of detecting and preventing fraud, as directed or authorized by you, or as otherwise permitted or required by law. We may also enter into joint marketing agreements with Non-Affiliates to share your non-health Personal Information as permitted by law. These Non-Affiliates may include providers of financial products or services such as insurance companies, financial institutions, and securities firms. Because we do not share Personal Information with either Affiliates or Non-Affiliates in any other way, there is no need for an opt-out process in our privacy procedures.

78052 (04/14)

For California and Vermont Residents: If it becomes necessary to share your Personal Information with Non-Affiliates other than as specifically allowed by law, we will not do so without first obtaining your permission. II. Data Security To help prevent unwarranted disclosure of your Personal Information and secure it from theft, we utilize secure computer networks. Access is restricted to those persons who have a business need to use your Personal Information to provide products or services to you. We also maintain physical, electronic, and procedural safeguards designed to protect your Personal Information in compliance with federal and state privacy and information security laws. Non-Affiliates that assist us in servicing insurance policies or who enter into joint marketing agreements with us are required to take measures to maintain the security of your Personal Information in compliance with federal and state privacy and information security laws. III. Maintaining Personal Information We also maintain procedures to ensure that the Personal Information we collect is accurate, up-to-date, and as complete as possible. If you believe the information we have about you in our records or files is incomplete or inaccurate, you may request that we make additions or corrections, or if it is feasible, that we delete this information from our files. You may make this request in writing to (include your name, address and policy number):

Chief Privacy Officer AIG Property Casualty

175 Water Street 15th Floor New York, NY 10038 Fax: 212 458-7081

E-Mail: [email protected] Special Notice: You can obtain access to any non-public Personal Information we have about you if you properly identify yourself and submit a written request to the address above describing the information you want to review. We will also tell you the identity, if recorded, of persons to whom we have disclosed your non-public Personal Information within the preceding two years. You may request that we correct, amend or delete information about you. If we do so, we will notify organizations that provided us with that information and, at your request, persons who received that information from us within the preceding two years. If we cannot grant your request to correct, amend or delete the information, you may give us a written statement of the reasons you disagree, which we will place in your file and give to the same parties who would have been notified of the requested change.

Our Customers Can Depend on Us We are committed to maintaining our trusted relationship with our Customers. We consider it our privilege to serve our Customers’ insurance and financial needs and we value the trust they have placed in us. Our Customers’ privacy is a top priority. We will continue to monitor our practices in order to protect that privacy and will comply with state privacy laws that require more restrictive practices than those set out in this notice. Important Information Concerning the Applicability and Future Changes to this Privacy and Data Security Notice

We may change this Privacy and Data Security Notice from time to time, and if particular changes are required by law to be communicated to you, we will do so. The AIG Companies include: American Home Assurance Company; AIG Assurance Company; AIG Property Casualty Company; AIG Specialty Insurance Company; Commerce and Industry Insurance Company; Granite State Insurance Company; Illinois National Insurance Co.; Lexington Insurance Company; National Union Fire Insurance Company of Pittsburgh, Pa.; National Union Fire Insurance Company of Vermont; New Hampshire Insurance Company; The Insurance Company of the State of Pennsylvania; American International Life Assurance Company of New York; and American General Life Insurance Company of Delaware.

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