Tuesday, April 27, 2010

The Sixth Part of the Six Part Wedding Insurance Policy

Finally, we've come to the last section of a sample wedding insurance policy!   This is a good section to review as it goes heavily into the limitations and percentages of what they will cover in the event that you have to cancel your wedding.  It also covers the timing of the cancellation and it's effect on your coverage.

SECTION III PRIVATE EVENT CANCELLATION INSURANCE CONDITIONS
A. Private Event Cancellation Insurance Property Coverage Loss Conditions
01. Abandonment
There can be no abandonment of any property to us.
02. Appraisal
If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will choose and pay for a competent and impartial appraiser within 20 days after receiving a written request from the other. The two appraisers will choose a competent and impartial umpire whose fee will be borne equally by the parties. If they cannot agree upon an umpire within 15 days, you or we may request that the choice be made by a judge of a court of record in the state where the applicant resides. Each party will pay its own costs. The appraisers will separately set the amount of loss. If
the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit there differences to the umpire. A decision agreed to by any two will set the amount of loss. If there is an appraisal we still retain the right to deny the claim on this wedding insurance policy in whole or in part.
03. Loss Payment
We will adjust and pay all covered losses with you except as provided below. We will pay you unless some other person is legally entitled to receive payment. Loss will be payable 60 days after we receive your proof of loss and:
a. reach an agreement with you; or
b. there is an entry of final judgment.
We may adjust and pay losses for covered property with the owners of that property, if other than you. If we pay the owners, such payment will satisfy your claims against us for the owner’s property. This wedding insurance will not pay the owners more than their financial interests in the covered property.
04. Privilege To Adjust With Property Owner
In case of damage or loss to Rented Property, we will adjust any claim with the owner of the property. If we pay the owner for the loss, that will satisfy our obligation to you and the Honoree under that coverage.
05. What You And/Or The Honoree Must Do After A Loss Occurs
If a loss occurs or if you or the Honoree know of any facts which may reasonably lead to a claim under this wedding insurance, you or the Honoree must do the following things:
a. Promptly, give us or our agent written notice. In case of theft, also notify the police.
b. Protect the property from further loss. At our request, allow us to inspect the damaged property.
c. Make all reasonable effort to find another place to hold the Private Event if the original premises is closed on the date of the Private Event.
d. Make all reasonable effort to buy or rent alternate Special Attire if the original attire is damaged beyond repair prior to the date of the Private Event.
e. If you, the Honoree or any Relative of you or the Honoree suffers a Bodily Injury which may cause the Private Event to be Canceled or Postponed, that person must seek medical care from a duly qualified medical doctor whose advice they shall follow. The injured person must:
(01) Authorize us to obtain copies of all medical records and reports; and
(02) Permit doctors of our choice to examine the injured person as often as we may reasonably require. We will pay the costs of such examinations.
If death results from the Bodily Injury, we shall be entitled to make a post mortem examination at our own expense.
f. If you or the Honoree make a claim under the Professional Counseling coverage, the person insured by this wedding insurance making the claim must:
(01) Authorize us to obtain copies of all medical and psychological records and reports; and
(02) Permit doctors of our choice to examine the insured person as often as we may reasonably require. We will pay the costs of such examinations.
g. Within 60 days after the Occurrence, give us a signed, sworn proof of the loss. We will provide you with the form. The proof of loss must include all of the following information:
(01) the time and cause of loss;
(02) a detailed list of the damaged or lost property, showing the quantity, cost and the amount of loss claimed; and
(03) copies of receipts supporting the costs and expenses which are claimed.
h. At our request submit to examinations under oath as often as we request, and sign the answers.
i. Make all reasonable effort to obtain necessary goods and services from alternate vendors, if the original vendors fail to perform.
B. Private Event Cancellation Insurance Personal Liability Coverage Loss Conditions
01. Duties In The Event Of An Occurrence, Offense, Claim Or Suit
If a claim is made or suit is brought alleging that you or the Honoree may be responsible for Bodily Injury, Property Damage or Personal Injury, you and the Honoree must see that the following duties are performed:
a. Promptly, give us or our agent written notice. Include:
(01) your and the Honorees’ name and the policy number;
(02) the date, place and circumstances that are the subject of the claim or suit;
(03) the name and address of anyone who might have a claim against you or the Honoree; and
(04) the names and addresses of any witnesses.
b. Send us any demand, notice or legal papers that relate to the claim or suit.
c. At our request, cooperate with us and assist us in any matter concerning the claim or suit on this wedding insurance coverage, including:
(01) enforcing any right of recovery against any person or organization who may be liable to you or the Honoree;
(02) attending any hearing or trial; and
(03) collecting and giving evidence and obtaining the attendance of witnesses.
You and the Honoree must not, except at your and the Honorees’ own expense, voluntarily pay any money, assume any obligation or incur any expense, other than for first aid to others at the time of the Occurrence.
02. Medical Payments To Injured Persons
If someone is injured, that person, or someone acting for that person, must do the following things to avoid breach of this wedding insurance:
a. Promptly give us written proof of the loss, if we request, this must be done under oath.
b. Authorize us to obtain copies of all medical records and reports.
c. Permit doctors of our choice to examine the injured person as often as we may reasonably require. We will pay the costs of such examinations.
We may pay the injured person or the provider of medical services. Payment under Personal Liability or Medical Payments
coverage is not an admission of liability by us, you or the Honoree.
C. Private Event Cancellation Insurance Coverage General Loss Conditions
01. Assignment Of Policy
Assignment of this wedding insurance policy or a claim will not be valid unless we give our written consent.
02. Bankruptcy
We are not relieved of any obligation under this policy because of your bankruptcy or insolvency.
03. Cancellation
a. You may cancel this policy at any time before the Private Event takes place if a claim has not been incurred. You may do so by returning the policy to us or by notifying us in writing, when at a future date, cancellation is to take effect.
b. If you cancel not less than 30 days before the date of the first Private Event, we will return premium based upon our short rate tables. If you cancel less than 30 days before the date of the first Private Event, we will not return any premium.
c. We may only cancel this wedding insurance policy for the reasons stated below by providing written notice of the cancellation date. Proof of mailing will be sufficient proof of notice. This cancellation notice may be delivered to you, or mailed to you at your mailing address shown on the Declarations.
(01) If you do not pay the premium, we may cancel by providing at least 10 days notice.
(02) If this policy has been in effect for 60 days or less, we may cancel for any reason allowed by law and will provide notice as reasonably practicable.
(03) If this policy has been in effect for more than 60 days, we may cancel by providing at least 30 days notice if there has been:
(a) a material misrepresentation of fact which if known to us would have caused us not to issue the policy;
(b) a substantial change in the risk since the policy was issued;
(c) a conviction of a crime arising out of acts increasing the hazard insured against;
(d) a discovery of fraud or material misrepresentation in obtaining the policy or in the presentation of a claim there under; or
(e) a discovery of willful or reckless acts or omissions increasing the hazard insured against.
d. When this wedding insurance policy is canceled, any unearned premium will be refunded pro rata within a reasonable time after the cancellation date.
e. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will refund it within a reasonable time after the date cancellation takes effect. But cancellation will be effective even if we have not made or offered a refund.
04. Change Of Location
If the date or location for the Private Event must be changed because the original premises will be closed on the date of the Private Event, this policy will apply to the new location and new date with no increase in premium. This is subject to the following:
a. No claim has been or will be made for cancellation expenses due to the closing of the original premises; and b. You must notify us as soon as practicable of the change in location and date.
05. Concealment Or Fraud
The entire wedding insurance policy will be void with respect to all Named Insureds, Honorees or insureds and all causes of loss if, whether before or after a loss, any Named Insured, Honoree or insured 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 or during the presentation of a claim.
06. Conformity To State Statutes
If part of this policy does not comply with the laws of the state in which it is written, that part is amended to comply with those laws.
07. Coverage Changes
This policy contains all the agreements between you, the Honoree and us. Its terms may not be changed or waived except by endorsement issued by us. Our request for an appraisal or examination will not waive any of our rights by voiding this wedding insurance.
08. Currency
Unless we otherwise agree in writing, you will pay premiums and we will pay any loss due under this policy in United States currency.
09. Legal Action Against Us
No suit or action can be brought against us unless there has been full compliance with all the terms of this policy. In addition:
a. No suit or action can be brought against us under the “Private Event Cancellation Insurance Property Coverage” section of the policy unless the suit is started within two years after the date of the Occurrence.
b. No suit or action can be brought against us under the “Private Event Cancellation Insurance Personal Liability Coverage” section of the policy until your and the Honorees’ obligation to pay is finally determined either by judgment against you or the Honoree after actual trial, or by written agreement by you or the Honoree, the claimant and us.
c. No one shall have any right to make us a party to a suit to determine your or the Honorees’ liability.
10. Other Wedding Insurance
If both this insurance and other insurance apply to a loss, the following rules apply:
a. With respect to any loss we cover under the “Private Event Cancellation Insurance Property Coverage” section of this policy, this insurance is primary.
b. With respect to any loss we cover under the “Private Event Cancellation Insurance Personal Liability Coverage” section of this policy, this insurance is excess over and will not contribute with any other valid and collectible insurance available to you or the Honoree. But this does not apply to you or the Honoree if this coverage is indicated as primary on the Declarations page.
c. With respect to any additional insured we cover under the “Private Event Cancellation Insurance Personal Liability Coverage” section of this policy, this insurance is excess over and will not contribute with any other valid and collectible wedding insurance available to any additional insured.
11. Transfer Of Rights Of Recovery Against Others To Us
If you or the Honoree have rights to recover all or part of any payment we make under this policy, those rights become ours up to the amount we have paid. You and the Honoree must do nothing after an Occurrence to impair these rights. At our request, you and the Honoree will bring suit or transfer those rights to us and help us to enforce them. But this does not apply if Waiver Of Subrogation is indicated as “Covered” on the Declarations page.

To show that we agree to the terms of this policy, it has been signed for us by our Vice President and Secretary. But where countersignature is required by law, it shall not bind us unless the Declarations page is also signed by one of our duly authorized agents.

And add signature here, and voila! you're covered!  As you read through this section and the previous five sections, be sure to copy and paste any parts you find confusing or problematic.  Paste them into a word document and ask your insurance company agent to review what you've compiled.  This should help clear up any misconceptions.

Thanks for reading through these posts and I hope that I've helped you as you decide and search for wedding insurance coverage!  ♥Bonita

1 comment:

Jenice said...

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