at
P.O. Box 7690, St. Clair Shores, MI 48080 and be postmarked within one-hundred and eighty (180) days of
The General Provisions apply to the following benefit: Hotel/Motel Theft Protection
Travel Values Plus benefits are subject to the terms and conditions outlined and include certain restrictions, limitations, and exclusions. In the event of
any conflict between the
EOC and the Group Policy, the Group Policy will govern. The Group Policy is on file at the offices
of the
Administrator. The
EOC shall be interpreted and enforced according to the laws
of the state of Delaware
Cancellation and Non-Renewal:
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Coverage can be cancelled by Us or Our designated representative for the following reasons:
- Non payment of premium;
- Misrepresentation and Fraud (see below);
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The Department of Insurance determines that the EOC would result in a violation of their law.
If we cancel coverage, the Participating Organization will send You written notification at least ten (10) days in advance of cancellation for
non-payment of premium and at least sixty (60) days in advance of cancellation for any other reason.
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Coverage can be cancelled by the Policyholder or Participating Organization at any time. If this happens, the Policyholder or Participating Organization will
send You written notification at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar
replacement coverage takes effect without interruption and is provided by VSC. Coverage will continue to be in force for the period for which premium has
already been paid to VSC.
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Coverage can be non-renewed by Us. The Policyholder or Participating Organization will send You written notification at least thirty (30) days in advance
of the expiration of coverage.
Claims: Benefits payable under the
EOC for any loss will be paid upon receipt of due
proof of loss and all required information necessary to support the claim.
All benefits will be payable to You or, in the case of death, to Your estate. No person or entity other than You shall have any legal or equitable right, remedy or
claim of insurance proceeds or damages under or arising out of this coverage.
Dispute Resolution - Arbitration: The
EOC requires binding arbitration if there is
an unresolved dispute between You and VSC concerning the
EOC. Under this Arbitration provision, You give up your right to
resolve any dispute arising from the
EOC by a judge and/or a jury. You also agree not to participate as a class
representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of
three (3) arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority
of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed
by, or appealed to, a court of law.
To start arbitration, either You or VSC must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier
of the date the loss occurred or the dispute arose. You and VSC will each separately select an arbitrator. The two arbitrators will select a third arbitrator
called an "umpire."; Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You
and VSC. Unless otherwise agreed to by You and VSC, the arbitration will take place in the county and state in which You live. The arbitration shall be
governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration
Association (www.adr.org) will apply to any arbitration under the
EOC. The laws of the state of Delaware (without giving
effect to its conflict of law principles) govern all matters arising out of or relating to the
EOC and all transactions
contemplated by the
EOC, including, without limitation, the validity, interpretation, construction, performance and
enforcement of the
EOC
Legal Actions: No action at law or in equity shall be brought to recover under the
EOC prior to the expiration of sixty (60) days after proof of loss has been furnished in accordance with the requirements of
this coverage.
Misrepresentation and Fraud: Coverage for You may be cancelled if, whether before or after a loss, You have concealed or
misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You therein. Coverage may also be cancelled if
You commit fraud or false swearing in connection with any of the above.
Other Insurance: Coverage is secondary to any other applicable insurance or indemnity available to You. Coverage is limited
to only those amounts not covered by any other insurance or indemnity. In no event will this coverage apply as contributing insurance. This Other Insurance clause
will take precedence over a similar clause found in other insurance or indemnity language.
Subrogation: If payment is made under the EOC, We are entitled to recover such amounts from other parties or persons. You
must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that
would jeopardize them, or these rights will be recovered from You.
For Montana Residents:
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The following statement has been added: The provisions of the EOC conform to the minimum requirements of the Montana law
and control over any conflicting statutes of any state in which You reside in, on or after the effective date of this coverage.
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The first paragraph of "Dispute Resolution - Arbitration" is replaced with the following: The
EOC requires You and VSC to first use binding arbitration if there is an unresolved dispute between You and VSC
concerning the cost of, lack of, or actual repair or replacement arising from a loss. Under this Arbitration provision, You give up your right to initially
resolve any dispute arising from a loss by a judge and/or a jury. You also agree to first employ arbitration in resolving the dispute between You and VSC prior
to Your participating as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual
arbitrations. In arbitration, a group of three (3) arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and
Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration.
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