LIMITATIONS AND EXCLUSIONS
The following exclusions apply to Trip Cancellation & Trip Interruption, Trip Delay, Missed Connection, and Accidental Death & Dismemberment:
Loss caused by or resulting from:
1. Pre-Existing Conditions, as defined in the Definitions section unless the insurance is purchased within fourteen (14) days of the initial Covered Trip deposit;
2. Suicide, attempted suicide or any intentionally self-inflicted injury while sane or insane (in Missouri, sane only);
3. War, invasion, acts of foreign enemies, hostilities between nations (whether declared or not), civil war;
4. Participation in any military maneuver or training exercise;
5. Piloting or learning to pilot or acting as a member of the crew of any aircraft;
6. Mental or emotional disorders, unless hospitalized;
7. Participation as a professional in athletics;
8. Being under the influence of drugs or intoxicants, unless prescribed by a Physician or unless results in the death of a non-traveling immediate Family Member;
9. Commission or the attempt to commit a criminal act;
10. Participating in bodily contact sports; skydiving; hang-gliding; parachuting; mountaineering; any race; bungee cord jumping; and speed contest (speed contest shall not include any of the regatta races); scuba diving (unless accompanied by a dive master and not deeper than 50 feet); spelunking or caving; heliskiing or extreme skiing. Exclusion does not apply to Trip Cancellation. Bodily contact sports means any sport where the objective is to physically render an opponent unable to continue with the competition such as boxing and full contact karate;
11. Traveling for the purpose of securing medical treatment;
12. Pregnancy and childbirth (except for complications of pregnancy);
13. Care or treatment for which compensation is payable under Worker ’s Compensation Law, any Occupational Disease law; the 4800 Time Benefit plan or similar legislation;
14. Services not shown as covered;
15. Directly or indirectly, the actual, alleged or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination;
16. Care or treatment that is not medically necessary.
The following exclusions apply to Baggage Delay:
The Company will not provide benefits for any Loss or damage to:
1. Animals;
2. Automobiles and automobile equipment;
3. Boats or other vehicles or conveyances;
4. Trailers;
5. Motors;
6. Motorcycles;
7. Aircraft;
8. Bicycles (except when checked as baggage with a Common Carrier);
9. Household effects and furnishing;
10. Antiques and collectors ’ items;
11. Eyeglasses, sunglasses or contact lenses;
12. Artificial teeth and dental bridges;
13. Hearing aids;
14. Prosthetic limbs;
15. Prescribed medications;
16. Keys, money, stamps, securities and documents;
17. Tickets;
18. Credit cards;
19. Professional or occupational equipment or property, whether or not electronic business equipment;
20. Personal computers, telephones, computer hardware or software;
21. Sporting equipment if Loss or damage results from the use thereof.
Any Loss caused by or resulting from the following is excluded:
1. Breakage of brittle or fragile articles;
2. Wear and tear or gradual deterioration;
3. Insects or vermin;
4. Inherent vice or damage while the article is actually being worked upon or processed;
5. Confiscation or expropriation by order of any government;
6. War or any act of war whether declared or not;
7. Theft or pilferage while left unattended in any vehicle;
8. Mysterious disappearance;
9. Property illegally acquired, kept, stored or transported;
10. Insurrection or rebellion;
11. Imprudent action or omission;
12. Property shipped as freight or shipped prior to the Scheduled Departure Date.
STATE EXCEPTIONS
FLORIDA
FORM SRTC-2200 FL
If you reside in the state of FLORIDA:
1. This policy is underwritten by Allied Property Casualty Insurance Company, a Nationwide Company.
2. The section noted as ARBITRATION is amended to read as: ARBITRATION – Notwithstanding anything in the Policy to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. Any arbitration will be by mutual agreement by all parties. All fees and expenses of the arbitration shall be borne by the parties equally.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same
Policy and relating to the same loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
GEORGIA
Form SRTC 2200 (GA)
If you reside in the state of GEORGIA:
1. The second paragraph on page 4 is amended to read: This Policy is issued in consideration of the enrollment form and payment of any premium due. All statements in the enrollment forms are representations and not warranties. Only statements contained in a written enrollment form will be used to cancel insurance, reduce benefits or defend a claim. The entire coverage will be cancelled, if before, during or after a Loss, any material fact or circumstance relating to this insurance has been concealed or materially misrepresented.
HAWAII
Form SRTC-2200-HI
If you reside in the state of HAWAII:
1. In the section entitled General Provisions, the provision entitled "Arbitration" is deleted in its entirety.
2. In the section entitled LIMITATION AND EXCLUSIONS, the exclusion related to the actual, alleged, or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination is hereby deleted from the certificate.
If you reside in the state of IDAHO:
The definition of Hospital is amended to read:
Hospital means a provider that is a short-term, acute, general hospital that:
1. is a duly licensed institution;
2. in return for compensation from its patients, is primarily engaged in providing Inpatient diagnostic and therapeutic services for the diagnosis, treatment, and care of injured and sick person by or under supervision of Physicians;
3. has organized departments of medicine and major surgery;
4. provides 24-hour nursing service by or under the supervision of registered graduate nurses; and
5. is not other than incidentally: (a) a skilled nursing facility, nursing home, custodial care home, health resort, spa or sanatorium, place for rest, or place for the aged; (b) a place for the treatment of mental Illness; (c) a place for the treatment of alcoholism or drug abuse, place for the provision of hospice care; or (d) a place for the treatment of pulmonary tuberculosis
KANSAS
Form SRTC 2200 KS
If you reside in the state of KANSAS:
1. Please note that: THIS IS A LIMITED POLICY - READ IT CAREFULLY
2.The definition of Family Member is amended by deleting the reference to Traveling Companion.
3. The provision entitled “Subrogation” does not apply to medical or dental expense benefits payable under the Policy.
4. The provision entitled “Legal Actions” is amended to read: LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than five (5) years after the time required for giving proof of Loss.
5. The “Payment of Claims” provision is amended to state: The Company or its designated representative will pay the claim immediately after receipt of due and acceptable proof of Loss.
6. The provision entitled “Arbitration” is amended to read: After a dispute has arisen, an appraisal or arbitration may take place if You and the Company fail to agree on the amount of the Loss. However, an appraisal or arbitration will take place only if both You and the Company agree, voluntarily, to have the Loss appraised or arbitrated.
LOUISIANA
Form SRTC 2000 (LA) 07/04
If you reside in the state of LOUISIANA:
1. This Policy is an Individual Policy underwritten by Nationwide Mutual Fire Insurance Company.
2. INSURANCE WITH OTHER INSURERS: If there be other valid coverage, not with this Company, providing benefits for the same Loss on a provision of service basis or on an expense incurred basis and of which this
Company has not been given written notice prior to the occurrence or commencement of Loss, the only liability under any expense incurred coverage of this Policy shall be for such proportion of the Loss as the amount which would otherwise have been payable hereunder plus the total of the like amounts under all such other valid coverages for the same Loss of which this insurer had notice bears to the total like amounts under all valid coverages for such Loss, and for the return of such portion of the premiums paid as shall exceed the pro-rata portion for the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the "like amount" of such other coverage shall be taken, as the amount which the services rendered would have cost in the absence of such coverage.
3. In the GENERAL DEFINITIONS section:
a. The following is amended to read as follows:
"Bodily Injury means identifiable physical injury which: (a) is caused by an Accident, and (b) solely and independently of any other cause, except illness resulting from, or medical or surgical treatment rendered necessary by such injury, is the direct cause of Your death or dismemberment within twelve months from the date of the Accident."
4. In the GENERAL PROVISIONS section:
a. The VALUATION section is amended to read as follows: "The Company will not pay more than the Actual Cash Value of the property at the time of Loss. Damage will be estimated according to Actual Cash Value as determined by the Company. At no time will payment exceed what it would cost to repair or replace the property with material of like kind and quality."
b. The DISAGREEMENT OVER SIZE OF LOSS shall read as follows: "If there is a disagreement about the amount of the Loss either You or the Company can make a written demand for an appraisal. After the demand, You and the Company will each select Your Loss. If they do not agree, they will select an arbitrator. The appraisal will set the amount of the Loss. The appraiser selected by You is paid by You. The Company will pay the appraiser they choose. You will share equally with the Company the cost for the arbitrator and the appraisal process."
5. The start of the ACCIDENTAL DEATH AND DISMEMBERMENT section shall read as follows: "The
Company will pay the percentage of the Principal Sum shown in the Table of Losses when You, as a result of an Accidental Injury occurring during the Covered Trip, sustain a Loss shown in the Table below. The
Loss must occur within 181 days after the date of the Accident causing the Loss. The Principal Sum is shown on the Confirmation of Coverage. If more than one Loss is sustained, as the result of an Accident, the amount payable shall be the largest amount of a sustained Loss shown in the Table of Losses."
6. Under LIMITATIONS AND EXCLUSIONS:
a. Point 3 shall read: "3. war or act of war (whether declared or not)."
b. The following is added: "17. This Policy does not insure against Loss or damage (including death or injury) and any associated cost or expense resulting directly or indirectly from the discharge, explosion or use of any device, weapon or material employing or involving nuclear fission, nuclear fusion or radioactive force, or chemical, biological, radiological or similar agents, whether in time of peace or war, and regardless of who commits the act, regardless of any other cause or event contributing concurrently or in any other sequence thereto."
c. In the "Any Loss caused by or resulting from the following is excluded" section the following is added: "13. Radioactive contamination."
MICHIGAN
Form SRTC 2700 MI
If you reside in the state of MICHIGAN:
1. The Legal Actions section under General Provisions in the Policy will read as follows: No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than two (2) years after the time required for giving proof of Loss unless otherwise required by law.
MINNESOTA
Form SRTC 2200 (MN)
If you reside in the state of MINNESOTA:
1. In the section entitled "General Exclusions"
a. The following exclusion: "being under the influence of drugs or intoxicants unless prescribed by a licensed Physician" is amended for the following benefits only:
Accidental Death & Dismemberment (24 Hour) to read as follows: "substance abuse and related illnesses and intoxication (blood alcohol level over the legal limit) while operating a motorized vehicle." The exclusion remains as stated under General Exclusions for all other benefits.
b. The following exclusion: "participating in bodily contact sports;" includes the following: "Bodily contact sports means any sport where the objective is to physically render an opponent unable to continue with the competition such as boxing and full contact karate".
2. In the General Provisions section, the provision entitled "Payment of Claims" is amended by the addition of the following sentence: The Company will pay the claim within 5 business days after agreement with You as to the amount of Loss.
3. In the General Provisions section, the provision entitled "Subrogation" is amended by the addition of the following sentence: The Company ’s rights do not apply against any person insured under this or any other
Policy/coverage part the Company issues with respect to the same occurrence or Loss.
4. In the General Provisions section, the provision entitled "Notice of Claim" is amended to provide for oral notification of claims, Losses, or suits under the Policy.
MISSISSIPPI
Form SRTC-2200 MS
If you reside in the state of MISSISSIPPI:
1. A provision entitled TIME OF PAYMENT OF CLAIM is amended to read: Benefits payable for any Loss will be paid within 35 days after receipt of due written proof of such Loss. Benefits due are overdue if not paid within 35 days after the Company or We receive proof of Loss and the necessary information to adjudicate the claim and the necessary medical information and other information essential for Us to administer any coordination of benefits and subrogation provisions. If such information is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within 35 days after the Company receives such proof. Any part or all of the remainder of the claim that is later supported by such proof is overdue if not paid within 35 days after the Company receives such proof. To calculate the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail to the last know address of the claimant or beneficiary in a properly addressed, postpaid envelope, or if not so posted, on the date of delivery. If the claim is not denied for valid and proper reasons by the end of such period of 35 days, the Company must pay You interest on accrued benefits at the rate of one and one-half percent (11⁄2%) per month on the amount of such claim until it is finally settled or adjudicated. In the event the Company fails to pay benefits when due, the person entitled to such benefits may bring action to recover such benefits, any interest that may accrue as provided above and any other damages as may be allowable by law.
2. The provision entitled Physical Examination and Autopsy is re-titled Physical Examination and amended to read: Physical Examination: The Company has the right to physically examine You as often as reasonably needed while a claim is pending. The Company will bear all costs for this.
3. The provision entitled Subrogation is amended to read: SUBROGATION - To the extent the Company pays for a Loss suffered by You, the Company will take over the rights and remedies You had relating to the Loss. This is known as subrogation. You must help the Company to preserve its rights against those responsible for the Loss. This may involve signing any papers and taking any other steps the Company may reasonably require. If the Company takes over Your rights, You must sign an appropriate subrogation form supplied by the Company. No subrogation will occur until You have been made whole for Your damages.
MISSOURI
Form SRTC-2200 MO
If you reside in the state of MISSOURI:
1.In the Definitions Section:
The definition of Accidental Injury is amended to read:
Accidental Injury means Bodily Injury caused by an Accident being the direct and independent cause in the Loss.
The definition of Hospital is amended to read: Hospital means a facility that:
(a) holds a valid license if it is required by the law;
(b) operates primarily for the care and treatment of sick or injured persons as in-patients;
(c) has a staff of one or more Physicians available at all times;
(d) provides 24 hour nursing service and has at least one registered professional nurse on duty or call;
(e) has organized diagnostic and surgical facilities, either on the premises or in facilities available to the hospital on a pre-arranged basis; and
(f) is not, except incidentally, a clinic, nursing home, rest home, or convalescent home for the aged, or similar institution.
Hospital also includes tax-supported institutions, which are not required to maintain surgical facilities.
The definition of Pre-existing Condition is amended to read:
Pre-Existing Condition means any injury, sickness or condition of You, or Your Traveling Companion for which within the sixty (60) day period prior to the Effective Date of Trip Cancellation coverage under the Policy such person received diagnosis or treatment for such injury, sickness or condition.
The Pre-Existing Conditions exclusion is waived for You if You enroll in the Policy at the time You pay the deposit required for Your Covered Trip (or within 30 days of the initial deposit) and You purchased the coverage under the Policy for the full cost of their Covered Trip.
2. The Subrogation provision and the Arbitration provision are deleted in their entirety.
3. With regard to the Accidental Death and Dismemberment Benefit, the Legal Actions provision is amended to read:
LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than three (3) years after the time required for giving proof of Loss.
With regard to all other benefits, the Legal Actions provision is amended to read:
LEGAL ACTIONS -
No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than ten (10) years after the time required for giving proof of Loss.
4. The section entitled Limitations and Exclusions is amended as follows: The exclusion related to the actual, alleged or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination is amended so that it does not apply if considered a Terrorist Act.
5. With regard to Proofs of Loss for the medical expense and Accidental Death and Dismemberment benefits, the provision is amended to read:
PROOF OF LOSS: Written proof of Loss must be furnished to the Company within 90 days after the date of such Loss. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it was not reasonably possible to furnish such proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the claimant, later than one year from the time proof is otherwise required.
6. With regard to all other benefits, the Proofs of Loss Provision is amended to read:
PROOF OF LOSS - You must furnish the Company, or its designated representative, with proof of Loss. This must be a detailed sworn statement. It must be filed with the Company, or its designated representative within ninety (90) days from the date the Company requests such proof of Loss. Failure to comply with these conditions shall invalidate any claims under the Policy. However, no claim will be denied based upon Your failure to provide notice within the specified time frame, unless this failure operates to prejudice the Company ’s rights, as per 20CSR100-1.020.
MONTANA
Form SRTC 2200-MT
If you reside in the state of MONTANA:
1. The definition of sickness is amended to read: Sickness means an illness or disease, including pregnancy, that is diagnosed or treated by a Physician after the Effective Date of insurance and while You are covered under the Policy.
2. The provision entitled Controlling Law is amended to read: Conformity with Montana statutes: The provisions of this certificate conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which You reside on or after the Effective Date of this certificate.
3. The exclusion related to pregnancy and childbirth is deleted in its entirety.
NEVADA
Form SRTC-2200-NV
If you reside in the state of NEVADA:
1. For Effective Dates of coverage and termination dates of coverage, the references to 12:01 A.M and 11:59 PM are amended to read "12:00 midnight".
2. The definition of Pre-existing Condition is amended to read: Pre-Existing Condition means any injury, sickness or condition of You, Your Traveling Companion, Your Family Member booked to travel with You, for which, within the 60 day period prior to the Effective Date of Trip Cancellation coverage under the Policy, medical advice, diagnosis, care or treatment was recommended or received. Such an Injury or Sickness will continue to be a Pre-Existing Condition until the expiration of 12 consecutive months, beginning with the Effective Date of coverage. The Pre- Existing Conditions exclusion is waived for You if You enroll in the Policy at the time You pay the deposit required for Your Covered Trip (or within 30 days of the initial deposit) and You purchase the coverage under the Plan for the full cost of Your Covered Trip.
NEW JERSEY
Form SRTC 2500 IL
If you reside in the state of NEW JERSEY:
1. This Policy is underwritten by Nationwide Life Insurance Company
NEW MEXICO
Form SRTC-2200-NM
If you reside in the state of NEW MEXICO:
1. The definition of Physician is amended to read:
Physician means a licensed practitioner of the healing arts acting within the scope of his/her license. The treating Physician may not be You, a Traveling Companion or a Family Member.
2. The provision entitled Arbitration is deleted in its entirety.
NORTH CAROLINA
Form SRTC-2200-NC
If you reside in the state of NORTH CAROLINA:
1. The provision entitled Arbitration is amended to read:
ARBITRATION - Notwithstanding anything in the Policy to the contrary, any claim arising out of or relating to this contract, or its breach, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Arbitration will take place in the county and state where You reside, unless otherwise agreed to by You and the Company. All fees and expenses of the arbitration shall be borne by the parties equally.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Policy and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
2. In the Section entitled GENERAL PROVISIONS, the following apply to Accidental Death & Dismemberment:
a. "Legal Actions" is amended to read: LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than three (3) years after the time required for giving proof of Loss.
b. "Proof of Loss" is amended to read: PROOF OF LOSS - The Claimant must send the Company, or its designated representative, proof of Loss within 180 days after a covered Loss occurs or as soon as reasonably possible.
3. In the Section entitled EXCLUSIONS, the following exclusion is deleted: 15. directly or indirectly, the actual, alleged or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination.
NORTH DAKOTA
Form SRTC-2200-ND
If you reside in the state of NORTH DAKOTA:
1. Under the section entitled GENERAL PROVISIONS, Arbitration and Legal Actions are amended to read:
ARBITRATION - Notwithstanding anything in the Plan to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally. Arbitration will be by mutual consent by all parties and the local courts must have jurisdiction. However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Plan and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than three (3) years after the time required for giving proof of Loss.
OHIO
Form SRTC-2200-OH
If you reside in the state of OHIO:
1. The following Notices are added:
FRAUD STATEMENT
Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact materiel thereto, commits a fraudulent insurance act which is a crime.
COORDINATION OF BENEFITS
Notice: if you or your family members are covered by more than one health care plan, you may not be able to collect benefits from both plans. Each plan may require you to follow its rules or use specific doctors and hospitals, and it may be impossible to comply with both plans at the same time. Read all of the rules very carefully, including the coordination of benefits section, and compare them with the rules of any other plan that covers you or your family.
2. Item 2 under Part VII entitled "General Provisions Related to Insurance Benefits" is amended to read:
ARBITRATION - Notwithstanding anything in the Plan to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any Ohio court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally. In addition, such arbitration must be by mutual consent by all parties.
Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Plan and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
3. The provision entitled "Legal Actions" is amended to read: LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than three (3) years after the time required for giving proof of Loss.
4. If you have a complaint related to a claim, You should contact the Company or its Agent at 1-888-493-5378.
If you disagree with the company ’s decision, you have the right to fi le a complaint with the Ohio Department of Insurance, Consumer Services Division, 2100 Stella Court, Columbus, Ohio 43215-1067, (614)-644-2673, toll free in Ohio 1-800-686-1526.
OKLAHOMA
Form SRTC 2200-OK
If you reside in the state of OKLAHOMA:
1. The following provision is added: FRAUD
STATEMENT: Warning: Any person who knowingly, and with intent to injure, defraud, or deceive any insurer, makes any claim for proceeds of an insurance Policy containing any false, incomplete or misleading information is guilty of felony.
2. In the section entitled "When Coverage Ends" the references to 11:59 PM are amended to read "12:01 A.M."
3. In the section entitled "Limitations and Exclusions", the following changes are being made:
a. The exclusion related to war is amended to read: war or any act of war, whether war is declared or not while serving in military service or any auxiliary thereto.
b. The exclusion related to directly or indirectly, the actual, alleged or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination is deleted in its entirety.
4. Under Trip Cancellation, Trip Interruption, Trip Delay, Baggage Delay;
a. The provision entitled "Arbitration" is amended to read: ARBITRATION – Notwithstanding anything in the Policy to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Arbitration shall be by mutual agreement by all parties. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally. However each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Policy and relating to the same loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
b. The provision entitled "Legal Actions" is amended to read: LEGAL ACTIONS – No legal action for a claim can be brought against the Company until six months after the Company receives proof of loss. No legal action for a claim can be brought against the Company more than two (2) years after the time required for giving proof of loss.
c. The provision entitled Controlling Law is amended to read: CONTROLLING LAW – Any part of the certificate that conflicts with the state law of Oklahoma is changed to meet the minimum requirements of that law.
d. In the section entitled "Definitions":
i. The definition of Family Member is clarified to include adopted children from the moment of placement for adoption with You or a child from the date of placement for adoption with You.
ii. Pre-Existing Condition means any injury, sickness or condition of You, an Insured ’s Traveling Companion for which within the sixty (60) day period prior to the Effective Date under the Policy (a) first manifested itself or exhibited symptoms which would have caused one to seek diagnosis, care or treatment; (b) required taking prescribed drugs or medicine, unless the condition for which the prescribed drug or medicine is taken remains controlled without any change in the required prescription; or (c) required medical treatment or treatment was recommended by a Physician. The Pre- Existing Conditions exclusion is waived for You if You enroll in the Policy at the time You pay the deposit required for Your Covered Trip (or within 30 days of the initial deposit) and You purchase the coverage under the Policy for the full cost of Your Covered Trip.
OREGON
Form SRTC 2000 (OR) 04/05
If you reside in the state of OREGON:
1. Please note that: In Oregon this is an individual Policy.
2. The exclusion "being under the influence of drugs or intoxicants unless prescribed by a licensed Physician" is amended to read as follows: "being under the influence of drugs, unless such drug is prescribed by a Physician or while intoxicated according to the legal limits where the Loss takes place."
3. In the GENERAL DEFINITIONS section:
a. The following is amended to read as follows:
"Bodily Injury" means identifiable physical injury which: (a) is caused by an Accident, and (b) solely and independently of any other cause, except illness resulting from, or medical or surgical treatment rendered necessary by such injury, is the direct cause of Your death or dismemberment within twelve months from the date of the Accident."
4. In the GENERAL PROVISIONS section:
a. Section (e) of WHEN YOUR COVERAGE ENDS is amended to read as follows: "(e) the time this Policy terminates. If insurance was purchased prior to the date of termination, insurance will continue to the end of the Individual Coverage Term."
b. The ARBITRATION section has been amended to read as follows: "Not withstanding anything in this Policy to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally. Binding arbitration must be by mutual agreement by all parties, must occur in Oregon and be handled according to Oregon Law.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble, or exemplary damages, however so denominated."
c. The DISAGREEMENT OVER SIZE OF LOSS section has been amended to read as follows:
"If there is a disagreement about the amount of the Loss either You or the Company can make a written demand for an appraisal. Such appraisal must be my mutual agreement by all parties to be binding, must occur in Oregon and be handled according to Oregon law. After the demand, you and the Company will each select Your own Competent appraiser. After examining the facts, each of the two appraisers will give an opinion on the amount of the Loss. If they do not agree, they will select an arbitrator. Any figure agreed to by 2 of the 3 (the appraisers and the arbitrator) will be binding. The appraiser selected by You is paid by You. They Company will pay the appraiser they choose. You will share equally with the Company the cost of the arbitrator and the appraisal process."
5. Under LIMITATIONS AND EXCLUSIONS:
a. Item (8) is amended to read as follows: "(8) being under the influence of drugs, unless such drug is prescribed by a Physician or while intoxicated according to the legal limits where the Loss takes place unless results in the death of a non-traveling immediate Family Member."
b. After the phrase, "Any Loss caused by or resulting from the following is excluded," the following is added: "13. radioactive contamination"
PENNSYLVANIA
Form SRTC-2200-PA
If you reside in the state of PENNSYLVANIA:
1. With regard to the Accidental Death and Dismemberment Benefit, the second sentence of the first paragraph is amended to read: With the exception of Loss of life, the Loss must occur within 181 days after the date of the Accident causing the Loss. For Loss of life, the death must be directly caused by an Accident that occurs while insurance under the policy is in effect.
RHODE ISLAND
Form SRTC-2200-RI
If you reside in the state of RHODE ISLAND:
1. Under the section entitled GENERAL PROVISIONS, the provision entitled "Arbitration" is deleted in its entirety.
2. Under the section entitled GENERAL PROVISIONS, the provisions entitled proofs of Loss are amended to read: PROOF OF LOSS - The Claimant must send the Company, or its designated representative, proof of Loss within ninety (90) days after a covered Loss occurs. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one year from the time proof is otherwise required.
SOUTH CAROLINA
Form SRTC-2200-SC
If you reside in the state of SOUTH CAROLINA:
For Accidental Death & Dismemberment:
1. The Legal Action provision is amended to read:
LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than six (6) years after the time required for giving proof of Loss.
2. The Physical Examinations and Autopsy provision is amended to read: Physical Examinations and Autopsy: The Company, or its designated representative, at its own expense, has the right to have You examined as often as reasonably necessary while a claim is pending. The Company, or its designated representative, also has the right to have an autopsy made at its own expense unless prohibited by law. The autopsy will be performed in South Carolina.
3. The provision entitled Arbitration is deleted in its entirety.
4. The provision entitled Subrogation is amended to read: SUBROGATION - To the extent the Company pays for a Loss suffered by You, the Company will take over the rights and remedies You had relating to the Loss. This is known as subrogation. You must help the Company to preserve its rights against those responsible for the Loss. This may involve signing any papers and taking any other steps the Company may reasonably require. If the Company takes over Your rights, You must sign an appropriate subrogation form supplied by the Company. We may not subrogate for more than the amount of insurance benefits that We have previously paid in relation to Your Loss by the liable third party. Subrogation is not permitted if the Director of Insurance determines that the exercise of subrogation by Us is inequitable and commits an injustice to You. Attorneys ’ fees and costs must be paid by Us from the amounts recovered. Subrogation only applies to injury, You have the right to petition the Administrative Law Judge Division and it applies to liable third parties only.
5. The Definition of Pre-existing conditions is amended to read: Pre-Existing Condition means any injury, sickness or condition of You, or Your Traveling Companion, for which within the sixty (60) day period prior to the Effective Date under the Policy such person received medical advice or treatment or medical advice or treatment was recommended.
SOUTH DAKOTA
Form SRTC 2200 SD
If you reside in the state of SOUTH DAKOTA:
In the GENERAL PROVISIONS:
1. The provision entitled Arbitration is amended to read: ARBITRATION - Notwithstanding anything in this Policy to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Arbitration will be by mutual consent by all parties and any determination will not be binding on any party. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Plan and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
2. The provision entitled Disagreement Over Size of Loss is amended to read: DISAGREEMENT OVER SIZE OF LOSS: If there is a disagreement about the amount of the Loss either You or the Company may make a written demand for an appraisal. After the demand, You and the Company will each select Your own competent appraiser. After examining the facts, each of the two appraisers will give an opinion on the amount of the Loss. If they do not agree, they will select an arbitrator. Any figure agreed to by 2 of the 3 (the appraisers and the arbitrator) will be binding. The appraiser selected by You is paid by You. The Company will pay the appraiser they choose. You will share equally with the Company the cost for the arbitrator and the appraisal process. Such action must be mutually agreed to by all parties and any determination made is not binding on either party.
3. The provision entitled "Legal Actions" is amended to read: LEGAL ACTIONS - No legal action for a claim can be brought against the Company until sixty (60) days after the Company receives proof of Loss. No legal action for a claim can be brought against the Company more than six (6) years after the time required for giving proof of Loss.
Under the section entitled LIMITATIONS AND EXCLUSIONS: Exclusion 8 is amended to read: "8. being under the influence of drugs or intoxicants, unless prescribed by a Physician and only if You are committing felony at the time of the Loss unless results in the death of a non-traveling immediate Family Member."
TENNESSEE
Form SRTC 2200-TN
If you reside in the state of TENNESSEE:
1. In the section entitled DEFINITIONS, the following definitions are amended to read:
Bodily Injury means identifiable physical injury which: (a) is caused by an Accident; (b) solely and independently of any other cause, except illness resulting from, or medical or surgical treatment rendered necessary by such injury, is the direct cause of Your death or dismemberment within twelve months from the date of the Accident; and (c) is not a Pre-existing Condition.
Pre-Existing Condition means, regardless of the cause of the condition, any injury, sickness or condition of Yours, Your Traveling Companion for which, within the sixty (60) day period prior to the Effective Date of Trip Cancellation coverage under the Policy, such person: (a) received or had recommended medical advice, diagnosis, care, or treatment for such condition, injury or sickness; or (b) required taking prescribed drugs or medicine, unless the condition for which the prescribed drug or medicine is taken remains controlled without any change in the required prescription. The Pre-Existing Conditions exclusion is waived for You if You enroll in the Policy at the time You pay the deposit required for Your Covered Trip (or within 30 days of the initial deposit) and You purchase the coverage under the Plan for the full cost of Your Covered Trip.
Sickness means: (a) an illness or disease which is diagnosed or treated by a Physician after the Effective
Date of insurance and while You are covered under the Policy; and (b) is not a Pre-existing Condition.
2. In the Section entitled GENERAL PROVISIONS, the provision entitled Arbitration is amended to read:
ARBITRATION - Notwithstanding anything in the Policy to the contrary, any claim arising out of or relating to this contract, or its breach, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. If more than one Insured is involved in the same dispute arising out of the same Policy and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
3. In the Accidental Death and Dismemberment Benefits, the following sentence is deleted in its entirety: The maximum benefits for any one single Accident is limited to $15,000,000 for all persons insured under the Plan.
TEXAS
Form SRTC 2200 TX
If you reside in the state of TEXAS:
1. Please note that: In Texas this is an individual Policy.
2. In the provision entitled WHEN YOUR COVERAGE ENDS, the following sentence is added:
Coverage will not end solely because a person becomes an elected official in Texas.
3. In the provision entitled LEGAL ACTIONS in the GENERAL PROVISION, the reference to “2 years” is amended to read “2 years and one day”.
4. The provision entitled NOTICE OF CLAIM in the GENERAL PROVISIONS is amended by the addition of the following paragraphs: The Company shall, not later than the 15th day after receipt of such notice of a claim:
a. acknowledge receipt of the claim;
b. commence any investigation of the claim; and
c. request from the Claimant all items, statements, and forms that the Company reasonably believes, at that time, will be required from the claimant. Additional requests may be made if during the investigation of the claim such additional requests are necessary.
If the acknowledgement of the claim is not made in writing, the insurer shall make a record of the date, means, and content of the acknowledgement. The Company shall notify a claimant in writing of the acceptance or rejection of the claim not later than the 15th business day after the date the Company receives all items, statements, and forms required by the Company, in order to secure final proof of Loss. If the company rejects the claim, the Company will inform the Claimant of the reasons for the rejection. If the Company is unable to accept or reject the claim within 15 business days after the date the Company receives all items, statements, and forms required by the Company, the Company shall notify the claimant within such 15 business day period. The notice provided must give the reasons that the Company needs additional time. Not later than the 45th day after the date the Company notifies a Claimant of the need for additional time to investigate a claim, the Company shall accept or reject the claim.
Except as otherwise provided, if the Company delays payment of a claim following its receipt of all items, statements, and forms reasonably requested and required for more than 60 days, the Company shall pay, in addition to the amount of the claim, 18 percent per annum of the amount of such claim as damages, together with reasonable attorney fees. If suit is filed, such attorney fees shall be taxed as part of the costs in the case.
5. The provision entitled PAYMENT OF CLAIM in the GENERAL PROVISION is amended by the addition of the following paragraph: If the Company notifies a claimant that the insurer will pay a claim or part of a claim, the Company shall pay the claim not later than the fifth business day after the notice has been made. If payment of the claim or part of the claim is conditioned on the performance of an act by the claimant, the Company shall pay the claim not later than the fifth business day after the date the act is performed.
6. The PROOF OF LOSS provision in the GENERAL PROVISIONS is amended to read: The Claimant must send the Company, or its designated representative, proof of Loss within ninety-one (91) days after a covered Loss occurs or as soon as reasonably possible.
7. The following provision is added to the Policy: You may cancel the Policy by giving the Company or its agent written notice within either 10 days from the date of issuance of Your Policy, or Your Departure Date, whichever occurs first. If You do this, the Company will refund Your plan cost in full, excluding the administrative fee.
Form SRTC 2200 TX (A&H)
1.In the section entitled GENERAL DEFINITIONS:
The definition of Family Member is amended to read: Family Member means Your or Traveling Companion's spouse, parent, legal guardian, step-parent, grandparent, parents-in-law, grandchild, natural or adopted child, step-child, children-in-law, brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, aunt, uncle, niece or nephew, who reside in the United States, Canada or Mexico.
The definition of Hospital is amended to read: Hospital means:
(a)is licensed as a hospital and operated pursuant to law; and
(b)is primarily engaged in providing or operating (either on its premises or in facilities available to the hospital on a contractual prearranged basis and under the supervision of a staff of one or more duly licensed physicians), medical, diagnostic, and major surgery facilities for the medical care and treatment of sick or injured persons on an inpatient basis for which a charge is made; and
(c)provides 24-hour nursing service by or under the supervision of a registered graduate professional nurse (RN); and
(d)is an institution which maintains and operates a minimum of five beds; and
(e)has x-ray and laboratory facilities either on the premises or available on a contractual prearranged basis; and
(f)maintains permanent medical history records.
Hospital does not include:
(a)the federal government or any agency thereof for the treatment of members or ex-members of the armed forces; or
(b)convalescent homes, convalescent facilities, rest facilities, or nursing facilities; or
(c)home or facilities primarily for the aged, drug addicts, alcoholics, those primarily affording custodial care, educational care or those primarily affording care for mental and nervous disorders.
2.In the section entitled LIMITATIONS AND EXCLUSIONS, exclusion 7 is amended to read: mental, emotional, or functional disorder without demonstrable organic disease;
3.The following provisions are added to the section entitled GENERAL PROVISIONS: Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. A change in this policy is not valid until the change is approved by an executive officer of the insurer and unless the approval is endorsed on or attached to the policy. An agent does not have authority to change this policy or to waive any of its provisions
Change of Beneficiary: Unless You make an irrevocable designation of beneficiary, the right to change a beneficiary is reserved for You, and the consent of the beneficiary or beneficiaries is not required for the surrender or assignment of this policy, for any change of beneficiary or beneficiaries, or for any other changes in this policy.
4.The provision entitled Arbitration is amended to read:
ARBITRATION - Notwithstanding anything in this Policy to the contrary, any claim arising out of or relating to this contract, or its breach, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated.
UTAH
Form SRTC 2200 (UT)
If you reside in the state of UTAH:
1. In the General Provisions section, both provisions entitled Proof of Loss are deleted and replaced with the following: PROOF OF LOSS - The Claimant must send the Company, or its designated representative, proof of Loss within ninety (90) days after a covered Loss occurs or as soon as reasonably possible.
2. In the section entitled Limitations and Exclusions, the exclusion related to excluding Loss or damage (including death or injury) and any associated cost or expense resulting directly or indirectly the actual, alleged or threatened discharge, dispersal, seepage, migration, escape, release or exposure to any hazardous biological, chemical, nuclear radioactive material, gas, matter or contamination is not excluded to the extent that it is caused by terrorism.
VERMONT
Form SRTC-2200 VT P&C
If you reside in the state of VERMONT:
1. In the GENERAL PROVISIONS section, the first sentence of the provision entitled "When Your Coverage Ends" is amended to read: WHEN YOUR COVERAGE ENDS - Your coverage will end at 11:59 P.M. local time on the date that is the earliest of the following:
2. The following disclosure is added to the certificate:
THIS TRAVEL PROGRAM IS A LIMITED BENEFIT PROGRAM. READ YOUR CERTIFICATE CAREFULLY.
3. This endorsement is part of the certificate to which it is attached and provides benefits under the certificate for parties to a civil union. Vermont law requires that insurance policies offered to married persons and their families be made available to parties to a civil union and their families. In order to receive benefits in accordance with this endorsement, the civil union must be established in the state of Vermont according to Vermont law. It is understood that Policy definitions and provisions designating
• an insured
• named insured
• who is insured
• who is a named insured
• covered person(s)
• you and/or your
• spouse
• family member
and any other Policy or certificate definitions and provisions designating an insured under this certificate, are amended, wherever appearing, where terms denoting a marital relationship or family relationship arising out of a marriage are used, to indicate parties to a civil union and their families under Vermont law.
4. The provision entitled "Arbitration" is amended to read: ARBITRATION - Notwithstanding anything in the Policy to the contrary, any claim arising out of or relating to this contract, or its breach, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial rules except to the extent provided otherwise in this clause. All parties must mutually agree to such arbitration. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. All fees and expenses of the arbitration shall be borne by the parties equally.
However, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The arbitrators are precluded from awarding punitive, treble or exemplary damages, however so denominated. If more than one Insured is involved in the same dispute arising out of the same Policy and relating to the same Loss or claim, all such Insureds will constitute and act as one party for the purposes of the arbitration. Nothing in this clause will be construed to impair the rights of the Insureds to assert several, rather than joint, claims or defenses.
5. The following items apply to the Accidental Death & Dismemberment benefit ONLY:
a. The definition of Accidental Injury is amended to read: Accidental Injury means Bodily Injury caused by an Accident being the direct and independent cause in the Loss.
b. The section entitled exclusions is amended to read: (4) Exclusions: With regard to the Accidental Death & Dismemberment benefit, if provided, no benefits are payable due to Loss caused by or resulting from:
1. Pre-Existing Conditions, as defined in the Definitions section unless the insurance is purchased within 30 days of the initial Covered Trip deposit;
2. Suicide, attempted suicide or any intentionally self-inflicted injury while sane or insane unless results in the death of a non-traveling immediate Family Member;
3. War, invasion, acts of foreign enemies, hostilities between nations (whether declared or not), civil war;
4. Participation in any military maneuver or training exercise;
5. Piloting or learning to pilot or acting as a member of the crew of any aircraft;
6. Participation as a professional in athletics;
7. Being under the influence of drugs or intoxicants, unless prescribed by a Physician unless results in the death of a non-traveling immediate Family Member;
8. Commission or the attempt to commit a criminal act;
9. Dental treatment except as a result of an injury to sound natural teeth limited to $750;
10. Any non-emergency treatment or surgery, routine physical examinations, hearing aids, eye glasses or contact lenses;
11. Pregnancy and childbirth (except for complications of pregnancy) except if hospitalized;
12. Curtailment or delayed return for other than covered reasons;
13. Traveling for the purpose of securing medical treatment;
14. Services not shown as covered;
15. Care or treatment that is not medically necessary;
16. Injury or Sickness when traveling against the advice of a Physician; or
17. Cosmetic surgery except for: reconstructive surgery incidental to or following surgery for trauma, or infection or other covered disease of the part of the body reconstructed, or to treat a congenital malformation of a child.
VIRGINIA
Form SRTC-2200 VA
If you reside in the state of VIRGINIA:
1. Under the section entitled "General Provisions" the following changes are made:
The provision entitled "Subrogation" is amended to read: SUBROGATION - To the extent the Company pays for a Loss suffered by You, the Company will take over the rights and remedies You had relating to the Loss. This is known as subrogation. You must help the Company to preserve its rights against those responsible for the Loss. This may involve signing any papers and taking any other steps the Company may reasonably require. If the Company takes over Your rights, You must sign an appropriate subrogation form supplied by the Company
WISCONSIN
Form SRTC-2200-WI
If you reside in the state of WISCONSIN:
1. In the Legal Actions Provision, the reference to "two (2)" years is amended to read "three (3) years".
2. The provision entitled Subrogation is amended to read: SUBROGATION - To the extent the Company pays for a loss suffered by You, the Company will take over the rights and remedies You had relating to the loss. This is known as subrogation. You must help the Company to preserve its rights against those responsible for the loss. This may involve signing any papers and taking any other steps the Company may reasonably require. If the Company takes over Your rights, You must sign an appropriate subrogation form supplied by the Company. The Company ’s ability to recover is limited to the amount remaining after You have been made whole.
3. Both Proofs of Loss provisions are deleted and replaced with the following: PROOF OF LOSS: The claimant must provide to the Company, or its designated representative, notice of proof of loss within ninety (90) days from the date of loss. The claimant must provide satisfactory proof of loss must be furnished as soon as possible and within one year after the time it was required by the Policy.