TERMS AND CONDITIONS Summary of Benefit

These Terms and Conditions are provided to inform you that as a customer of Allstate, the parent company of InfoArmor who are enrolled in an Allstate identity protection membership program that includes identity theft insurance, you are entitled to benefits under the Policy as issued to InfoArmor and described in these Terms and Conditions. Various provisions in these Terms and Conditions and in the Policy restrict coverage. Read the entire Terms and Conditions carefully to determine rights, duties and what is and is not covered.

These Terms and Conditions do not state all the terms, conditions, exclusions and definitions within the InfoArmor Policy. Your benefits will be subject to all the terms, conditions, exclusions and definitions of the Policy as issued to InfoArmor. A complete copy of the Policy will be available upon request. If the Policy issued to InfoArmor is terminated, your benefits under the Policy as issued by InfoArmor will cease effective that date. It is the obligation of Allstate to inform you of any termination of the Policy.

The Identity Fraud Expense Reimbursement benefit is underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company, under a group policy issued to InfoArmor for the benefit of its Members and its affiliate company Members. To obtain a complete copy of the Policy as issued to InfoArmor, contact InfoArmor at 1 (800)789-2720. American Bankers Insurance Company of Florida administers all claims and InfoArmor shall have no responsibility to Members with respect to the Identity Fraud Expense Reimbursement benefit.

All references to We, Us, and Our throughout this Summary of Benefit means American Bankers Insurance Company of Florida.

LIMITS OF INSURANCE

Cyberbullying coverage will be available to new customers starting July 1, 2025, and to existing customers beginning January 1, 2026.

*Please note that if your InfoArmor Membership Plan allows for multiple adult members, you as the primary account holder will be entitled to benefits under a Family Membership plan (also referred to as the "Family Plan") set forth herein. Each additional adult member on your InforArmor Membership Plan will be individually entitled to benefits under a Single Membership plan.

DUTIES WHEN LOSS OCCURS

Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim under the terms of this coverage, the policyholder is responsible for notifying the member of the following requirements:

  • Give notice as soon as practicable to:

    (1)    the appropriate authority and affected institutions, if applicable; and

    (2)    call 1 (800) 789-2720 to make a valid claim within sixty (60) days of the date of discovery, or as soon as reasonably possible.

    If the loss involves a violation of law, the member shall also notify the police.  The member must submit a copy of the police report when filing a claim;

    For both Checking & Savings Account Cash Recovery and Investment and HSA Cash Recovery claims, the member must provide documentation from the financial institution that the funds were fraudulently removed and are non-recoverable from the financial institution. For Emergency Cash/Lost Wallet, the member must submit a copy of a police report from a law enforcement agency within the jurisdiction in which the wallet was lost or stolen. For Cyber Bullying

    1. Give notice to:

      1. the relevant law enforcement agency and/or disciplinary authority within thirty (30) days after the cyber bullying first started and provide a copy of the incident report; and

      2. us or any of our authorized agents within thirty (30) days after the cyber bullying first started

      If the loss involves a violation of law, the member shall also notify the police within thirty (30) days after the cyber bullying first started. The member must submit a copy of the police report when filing a claim;

    2. File detailed proof of loss, duly sworn to, with us within 30 days after the cyber bullying first started, including copies of original documents, images, emails, text message, mail correspondence and any supporting documentation to substantiate the three (3) or more similar or related acts of harassment or intimidation including defamation of character, invasion of privacy or threats of violence.

    For Cyber Bullying., the following requirements are added:

    1. Submit to us the signed and completed claim form accompanied by the Attending Physician’s Statement and/or Employer Statement, if applicable, and any medical bills or documentation the member may have related to their counseling and rehabilitation services.

    2. Submit to us copies of all relevant expense receipts and supporting documentation for our examination for content removal services, counseling and rehabilitation services, digital forensic services, and legal costs.

    3. Submit to us all relevant educational facility relocation costs receipts and supporting documentation for our examination regarding temporary private tutoring, unreimbursed tuition, new school enrollment fees and increase in tuition, along with any termination notices.

    4. For Loss of Wages: submit to us, for our examination, copies of member’s paystubs or for gig works (e.g., Uber, lyft, DoorDash) or those who are self-employed, a balance sheet or copy of wages/deposits from the member’s business or gig employer.

  • File detailed proof of loss, duly sworn to, with us within sixty (60) days after the discovery of loss;

  • Take all reasonable steps to mitigate loss resulting from identity fraud including, but not limited to, requesting a waiver for any applicable fees, loan application fees or credit bureau fees;

  • Upon our request, submit to examination by us, and subscribe the same, under oath if required;

  • Upon our request, cooperate to help us enforce legal rights against anyone who may be liable to the member to include giving evidence and attending depositions, hearing and trials;

  • Immediately forward to us any notices, summons or legal papers received by the member in connection with the loss or the identity fraud;

  • Produce for our examination all pertinent records;

  • Cooperate with us in all matters pertaining to loss or claims;

all at such reasonable times and places as we shall designate. 

The member shall not voluntarily assume or admit any liability, nor, except at said member’s own cost, voluntarily make any payment or incur any expense without our prior written consent, such consent not to be unreasonably withheld.

The member shall keep books, receipts, bills and other records in such manner that we can accurately determine the amount of any loss.  At any time, subsequent to the reporting of the loss to us, we may examine and audit the member’s books and records as they relate to a loss under the Policy.

COVERAGE

Identity Fraud – Expense Reimbursement

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions from the direct result of the following:

  • Fraud or Embezzlement

    • For loss arising out of fraud or embezzlement perpetrated against the member, with an occurrence date during the term of the membership.  

  • Theft

    • For loss resulting directly from theft of property related to the member’s information, checkbook, savings record, ATM access or securities from the member, with an occurrence date during the term of the membership, by a person from whom the member purchased goods or services.

  • Forgery

    • For loss, with an occurrence date during the term of the membership, resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay money that are:

      1. Made or drawn by or drawn upon the member’s account; or

      2. Made or drawn by one purporting to act as the member’s agent.

  • Data Breach

    • For loss, with an occurrence date during the term of the membership, resulting directly from the misuse of the member’s information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member’s personal information, that results in monies stolen from the member’s accounts or misuse of data to obtain property, credit or monies using the member’s information.

  • Stolen Identity Event

    • For loss resulting from a stolen identity event, including but not limited to a stolen identity event occurring on or arising out of the use of the Internet. The occurrence date must be during the term of the membership.  A stolen identity event means the theft, unauthorized, or illegal use of the member’s name, social security number, or other method of identifying the member.

Cash Recovery Aggregate

We will reimburse the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, a Cash Recovery Aggregate benefit limited to payment for one (1) occurrence within any twelve (12) consecutive months of the term of the membership, for recovery of traditional credit cards, pre-paid credit cards and debit card deductibles or in the event of an unauthorized electronic fund transfer, reimbursement for unrecoverable funds, exclusive of interest, directly drawn from or removed through an unauthorized electronic fund transfer from the member’s mobile device (smart phone) or other financial account due to an act of fraud, embezzlement, theft, forgery or other data breach which have not been recovered. 

Cash Recovery Aggregate does not cover unrecoverable funds for which the member did not seek reimbursement from the financial institution, or other provider which issued the access device and holds the account from which funds were stolen, and for which the member has not received reimbursement from any other source.

The member will only be covered from an unauthorized removal of funds or an unauthorized electronic fund transfer if the loss first occurs on or after the effective date of the Policy under which this coverage is provided, while the member is an active and paid member of the policyholder, and the loss is reported to us within ninety (90) days of discovery.

The member is not covered if the unauthorized removal of funds or unauthorized electronic fund transfer first occurs after the termination of the Policy under which this coverage is provided, or the member is not an active and paid member of the policyholder.

For Family Plans, the Cash Recovery Aggregate benefit is limited to payment for one (1) occurrence within twelve (12) consecutive months, not to exceed the Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

The Cash Recovery Aggregate benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability.  We will pay up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

 

Investment & Health Savings Accounts Cash Recovery

We will reimburse the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, an Investment & Health Savings Accounts Cash Recovery benefit limited to payment for one (1) occurrence within any twelve (12) consecutive months of the term of the membership, for unrecoverable funds, exclusive of interest, removed through an unauthorized electronic fund transfer from the member’s investment or health savings account, due to an act of fraud, embezzlement, theft, forgery or other data breach, which have not been recovered.

Investment & Health Savings Accounts Cash Recovery does not cover unrecoverable funds for which the member did not seek reimbursement from the financial institution, or other provider which issued the access device and holds the investment or health savings account from which funds were stolen, and for which the member has not received reimbursement from any other source.

The member will only be covered from an unauthorized electronic fund transfer if the loss first occurs on or after the effective date of this Policy under which this coverage is provided, while the member is an active and paid member of the policyholder, and the loss is reported to us within ninety (90) days of discovery.

The member is not covered if the unauthorized electronic fund transfer first occurs after the termination of the Policy under which this coverage is provided, or the member is not an active and paid member of the policyholder.

For Family Plans, the Investment & Health Savings Accounts Cash Recovery benefit is limited to payment for one (1) occurrence within twelve (12) consecutive months of the term of the Policy, not to exceed the Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

The Investment & Health Savings Accounts Cash Recovery benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability.  For Investment & Health Savings Accounts Cash Recovery we will pay up to the Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

An unauthorized electronic fund transfer does not include an electronic fund transfer initiated:

  • by a person who was furnished the access device to the member’s account, unless the member had given prior notification to the financial institution that transfers by such person(s) are no longer authorized;

  • with fraudulent intent by the member or any person acting in concert with the member;

  • by the financial institution or its employees; or

  • from any business or commercial account.

Senior Expense Reimbursement

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, as the direct result of fraud or embezzlement, theft, forgery, data breach or stolen identity event of a member’s senior family member, with an occurrence date during the term of the membership.

Senior Expense Reimbursement will not cover any expenses or legal costs incurred by the association member not arising out of a direct result of identity fraud of a member’s senior family member.

The Senior Expense Reimbursement benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability. We will pay up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

Home Title Identity Theft

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, as the direct result of fraud or embezzlement, forgery, or identity fraud, resulting in title theft or deed fraud of member’s residential real estate, with an occurrence date during the term of the membership.

Home Title Identity Theft Expense Reimbursement will not cover any expenses or legal costs incurred by the member not arising from an identity theft event.

The Home Title Identity Theft benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability. We will pay up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

Ghosting

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, as the direct result of fraud or embezzlement, forgery, or stolen identity event, arising out of identity fraud of a member’s deceased family member, with an occurrence date during the term of the membership.

Ghosting Expense Reimbursement will not cover any expenses or legal costs incurred by the member:

  • not arising out of a direct result of identity fraud of an member’s deceased family member; and

  • for which the deceased family member’s estate, executor, or a party or individual, other than the association member, is obligated to pay.

The Ghosting benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability. We will pay up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

Reverse Record/Professional Identity Theft

We will reimburse the member for expenses and legal costs incurred by the member, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, as the direct result of fraud or embezzlement, forgery, or stolen identity event, resulting in member’s reverse record/professional identity theft, with an occurrence date during the term of the membership.

Reverse Record/Professional Identity Theft Expense Reimbursement will not cover any expenses or legal costs incurred by the member not arising from a reverse record/professional identity theft.

The Reverse Record/Professional Identity Theft benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability. We will pay up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

Cyber Extortion

We will reimburse the member for cyber extortion expenses incurred by the member up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, as the direct result of recovering from a cyber extortion/ransomware attack affecting member’s connected device, with an occurrence date during the term of the membership.

Cyber Extortion Expense Reimbursement will not cover any ransom or extortion monies paid by the member.

Cyber Bullying

We will reimburse the member, up to the Aggregate Limit of Liability shown on the Limits of Insurance section of these Terms and Conditions, a Cyber Bullying benefit limited to payment for one (1) occurrence within any twelve (12) consecutive months, for recovery of cyber bullying costs incurred by the member, where such cyber bullying costs are incurred solely and directly because of a cyber bullying incident, within the six (6) months after the cyber bullying first started and where such cyber bullying costs are in addition to any otherwise covered or collectable costs.

The member will only be covered from a cyber bulling event if the cyber bullying act first occurs on or after the effective date of the Policy under which this coverage is provided, while the member is an active and paid member of the policyholder, and the loss is reported to us within thirty (30) days after the cyber bullying first started.

The member is not covered if the cyber bullying first occurs after the termination of the Policy under which this coverage is provided, or the member is not an active and paid member of the policyholder.

For Family Plans, the Cyber Bulling benefit is limited to payment for one (1) occurrence within twelve (12) consecutive months of the term of the Policy, not to exceed the Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions.

The Cyber Bulling benefit is part of, and not in addition to the Expense Reimbursement Aggregate Limit of Liability. We will pay up to the Limits of Insurance section of these Terms and Conditions.

Emergency Cash/Lost Wallet

We will provide the member an Emergency Cash benefit up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, in the event the member reports their wallet lost or stolen to a law enforcement agency while traveling at least 100 (one-hundred) miles from home. The member must submit a copy of a police report from a law enforcement agency within the jurisdiction in which the wallet was lost or stolen.

For Family Plans, the Emergency Cash benefit is limited to payment for one (1) occurrence within twelve (12) consecutive months of the term of the Policy, not to exceed the limit of liability shown on the Limits of Insurance section of these Terms and Conditions.

 

EXCLUSIONS

The following is not covered:

  • loss due to any fraudulent, dishonest or criminal act by the member or any person acting in concert with the member, or immediate family member, whether acting alone or in collusion with others;

  • loss resulting directly or indirectly from any errors or omissions occurring in the following actions:

    1. the input of data to any computer system; or

    2. the processing of data by any computer system; or

    3. the manual or electronic processing of any output produced by any computer system;

  • loss resulting directly or indirectly from the voluntary surrendering by the member or 

    member’s deceased family member of any access device, in whole or in part, to any person or entity;

  • loss resulting from any unintentional clerical error in the transfer from or debit of any account of the member which is initiated by a financial institution, or any employee(s) thereof. However, this exclusion shall not apply to a fraudulent act of an employee(s) of a financial institution where said employee(s) is acting without the permission or instruction of their employer;

  • loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the member or member’s deceased family member;

  • indirect or consequential loss of any nature;

  • loss of potential income not realized by the member or member’s deceased family member;

  • loss resulting from an identity fraud that was discovered prior to the effective date of the Policy under which this coverage is provided;

  • loss arising out of business pursuits of the member or member’s deceased family member;

  • loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation;

  • property damage, bodily injury or personal injury;

  • losses incurred from financial performance of any investment of financial product;

  • loss from games of chance;

  • for Cash Recovery Aggregate losses other than traditional credit cards, pre-paid credit cards and debit card deductibles or unrecoverable funds, exclusive of interest, directly drawn from or removed through an unauthorized electronic fund transfer from the member’s mobile device (smart phone), or other financial account. , and for Investment & Health Savings Accounts Cash Recovery losses other unrecoverable funds, exclusive of interest, removed through an unauthorized electronic fund transfer from the member’s investment or health savings account.  All other monetary devices are excluded;

  • any loss, claims or damages that are not covered under the terms and provisions of the Policy under which this coverage is provided;

  • legal fees in excess of $350 per hour;

  • any loss which occurred while the member was not an active and paid member of the policyholder.

Investment & Health Savings Account Cash Recovery does not cover:

  • unauthorized electronic fund transfers from i nvestment & heath savings accounts for which the member activates online access, and a two-factor authentication, knowledge-based authentication (KBA) or other authentication process is provided by the financial institution or the HSA Custodian/Administrator and it has not been activated by the member, or authentication is not required by the financial institution or the HSA Custodian/Administrator.

  • unauthorized electronic fund transfers resulting from the financial institution’s or the HSA Custodian/ Administrator’s, and/or the member’s failure to comply with standard or customary transfer instruction verification and approval processes and procedures, including verification and approval by the financial institution, or the HSA Custodian/Administrator, and/or the member on subsequent changes to transfer instructions.

  • This policy does not cover loss resulting from unauthorized electronic transfers of digital currency or cryptocurrency such as Bitcoin, Ethereum, or Litecoin, or any currency not regulated or supervised by a government agency.

The member must provide documentation from the financial institution that the funds were fraudulently removed and are non-recoverable from the financial institution.

The member will only be covered from an unauthorized removal of funds or an unauthorized electronic fund transfer if the loss first occurs on or after the effective date of the Policy under which this coverage is provided, while the member is an active and paid member of the policyholder, and the loss is reported to us within ninety (90) days of discovery.

The member is not covered if the unauthorized removal of funds or unauthorized electronic fund transfer first occurs after the termination of the Policy under which this coverage is provided, or the member is not an active and paid member of the policyholder.

Cyber Bullying does not cover:

  • loss other than cyber bullying costs;

  • loss resulting from a cyber bullying first occurring prior to the effective date of the Policy under which this coverage is provided;

  • legal costs in excess of $350 per hour. 

DEFINITIONS

Access Device means a card (including credit, debit and ATM cards), code, PIN, password, personal check or other similar means of access to the member’s account at a financial institution that may be used by the member to gain access to said account for the purpose of withdrawing or transferring funds, making purchases, or making long distance or cellular/digital (wireless) telephone calls.

Account means a cash, credit card, demand deposit (checking), savings, or money market account of the association members held directly or indirectly by a financial institution and established primary for personal, family or household purposes.

Data Breach means the misuse of the member’s information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor, a securities firm, employer or other institution/company maintaining the member’s personal information, that results in monies stolen from the member’s accounts or misuse of data to obtain credit or monies using the member’s information.

Connected Devices means laptops, tablets, personal computers and smartphones.  Connected devices also includes home connected devices such as smart TV’s, smart TV boxes, game consoles, refrigerators, thermostats, washers, dryers, speakers, virtual assistants (i.e. Alexa, Google Assist and Amazon Echo), and dishwashers.

Content Removal Services means the services of a specialist service provider for the purposes of removing or attempting to remove online content from public websites where such content has been deemed a part of a campaign of cyber bullying against the member.

Counseling and Rehabilitation Services means specialist counseling and rehabilitation services as prescribed by a physician, psychologist or other mental health professional who is not the association member or the association member’s family member, received within six (6) months after the cyber bullying begins.

Cyber Bullying means three or more similar or related acts of harassment or intimidation including defamation of character, invasion of privacy or threats of violence that are:

  • committed against the member;

  • received by a computer, telephone, portable device such as a smartphone, electronic tablet or handheld computer, or any similar device. Cyberbullying methods include, but are not limited to, the use of texting, instant messaging, chat rooms, and messages, photos and other content posted on the Internet or social networking sites; and

  • results in the member’s

    1. wrongful termination, false arrest or wrongful discipline by a governing official or body of a primary or secondary school, institution of higher education or private school; or

    2. debilitating shock, mental anguish or mental injury that has been diagnosed by a licensed physician, psychologist, or other authorized mental health professional, other than the member or the member’s family member, leading to the member’s inability to attend school or work full-time for more than one week.

Any series of such similar or related cyber bullying acts committed by any person or group of persons acting in concert or in which any person or group of persons is involved or implicated will be considered as one act of cyber bullying occurring at the time of the first such act. A cyber bullying event does not mean an act against the member arising out of the member’s business activities, or where the member or the member’s family member are in pursuit of or holding a public office, or where the act against the member involves a family member.

Cyber Bullying Costs mean reasonable and necessary costs for:

  • Content Removal Services; and

  • Counseling and Rehabilitation Services; and

  • Digital Forensic Services; and

  • Educational Facility Relocation Costs; and

  • Legal Costs; and

  • Loss of Wages.

Cyber Extortion/Ransomware means a malicious software, or malware, designed to deny member access to their connected device or connected device’s data until a ransom is paid.

Cyber Extortion Expenses means reasonable and customary expenses incurred by the member for:

  • cost of hiring expert to negotiate with hacker, up to a maximum of $350 per hour;

  • cost for technical support for restoring connected device from backups after a ransomware attack affecting the device; and

  • cost for technical support for reinstalling laptop, tablet, or personal computer operating system after a ransomware attack affecting the device.

Date of Discovery occurs when the member first becomes aware of facts which would cause a reasonable person to assume that a loss covered by this insurance has been or will be incurred, even though the exact amount or details of loss may not then be known.  Discovery also occurs when the member receives notice of an actual or potential claim against the member involving loss covered under this insurance.

Deceased Family Member means the member’s spouse or domestic partner, parent, siblings, children and/or any other member of, or dependent persons who resided in the member’s household who has been declared dead.  Deceased Family Member also includes the member’s deceased:

  • unmarried children (including those who the member is their legal guardian)

  • dependent(s) with documented disabilities who relied on the member for maintenance and support.

  • parents or grandparents of the member

    .

Digital Forensic Services means the services of a specialist digital forensic service provider for the purposes of collecting information to be used by the member to aid in the identification of or prosecution of the perpetrator of a cyber bullying campaign against the member.

Domestic Partner means a person designated in writing by the primary member who is registered as a domestic partner or legal equivalent under laws of the governing jurisdiction or who:

  • is at least 18 years of age and competent to enter into a contract;

  • is not related to the primary member by blood;

  • has exclusively lived with the primary member for at least twelve (12) consecutive months prior to the effective date of coverage;

  • is not legally married or separated; and

  • as of the date of coverage, has with the primary member at least two (2) of the following financial arrangements:

    1. a joint mortgage or lease;

    2. a joint bank account;

    3. joint title or ownership of a home, motor vehicle or status as joint lessee on a motor vehicle lease;

    4. a joint credit card account with a financial institution.

Educational Facility Relocation Costs means the costs of reasonable and necessary temporary private tutoring due to a minor member being unable to attend school, or new school enrollment fees and/or the increase in tuition to transfer the minor member to another. alternative but similar school, provided such costs are incurred within six (6) months after the cyber bullying begins.

Educational Transcript means a document produced and certified by a learning institution providing a complete and unaltered list of all study completed by the member which usually includes member’s personal information, qualification(s) completed (including date completed/conferred), qualification(s) still in progress, course(s) of study attempted or completed by year, course weighting and grades attained, key to grading scale used by the institution, and the official seal of the institution.

Expenses mean:

  • Costs incurred by the member for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received from any source incorrect information as a result of the identity fraud;

  • Costs for notarizing affidavits or other similar documents, long distance telephone calls, travel and postage reasonably incurred as a result of the member's efforts to report an identity fraud or amend or rectify records as to the member’s true name or identity as a result of an identity fraud;

  • Reasonable costs incurred by the member for up to six (6) credit reports from established credit bureaus (with no more than two (2) reports from any one credit bureau) dated within twelve (12) months after the member’s discovery of an identity fraud, and costs incurred for contesting the accuracy or completeness of any information contained in a credit report following an identity fraud;

  • Payment for reasonable expenses incurred for the placement of up to twelve (12) credit freezes or credit thaws per 12 month period as a result of being notified of a data breach in which the member’s personal information was compromised and payment for expenses that were a result of recovery from an identity fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees, expert witness or courier fees;

  • Actual lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the member’s true name or identity as a result of an identity fraud. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes sick days, business interruption and future earnings of a self-employed professional. Coverage is limited to base wages within twelve (12) months after discovery of an identity fraud. Base wages must be supported by and based on the prior year tax return.

  • Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the member’s identity as a result of an identity fraud

  • Reasonable and necessary costs incurred by the member for ordering medical records for the purpose of amending and/or rectifying these documents as a result of an identity fraud

  • Reasonable and necessary costs incurred by member for the replacement of identification cards, driver licenses and passports as a result of an identity fraud

  • Reasonable and necessary costs, up to a maximum of $350 per hour, incurred by the member for use of any investigative agency or private investigator engaged to amend or rectify records as to the member’s true name or identity as a result of an identity fraud We reserve the right to select such investigative agency or private investigator; however, with our express prior written consent, member may elect such investigative agency or private investigator.

  • Reasonable and necessary costs, up to a maximum of $350 per hour, incurred by the member associated with the use of any certified public accountant engaged to amend or rectify records as to the member’s true name or identity as a result of an identity fraud We reserve the right to select such certified public accountant; however, with our express prior written consent, member may elect such certified public accountant.

Family Member means:

  1. the primary member’s spouse or domestic partner,

  2. the primary member’s and the primary member’s spouse or domestic partner’s children and/or other dependent persons residing in the primary member’s household,

  3. the primary member’s and the primary member’s spouse or domestic partner’s children and/or other dependent persons that do not reside in the primary member’s household, who rely on the primary member for financial support, and

  4. whose name is listed or identified by the primary member on their enrollment/registration form or membership

Family Plan means a membership program that: extends coverage, up to the Aggregate Limit of Liability as shown on the Limits of Insurance section of these Terms and Conditions, to the primary member and their family members and for which the Family Plan membership fee/product fee is paid.

The Aggregate Limit of Liability shown on the on the Limits of Insurance section of these Terms and Conditions will be the maximum amount we will pay for all covered losses per Family Plan regardless of the number of losses that occur for any one member per twelve (12) month period.

Forgery means the signing of the name of another person or organization with intent to deceive. It does not mean a signature, which consists in whole or in part of one’s own name signed, in any capacity, for any purpose.

Fraud or Embezzlement includes electronic, telegraphic cable, teletype tele facsimile, telephone or written instructions which: purports to have been transmitted or written by the member or member’s deceased family member, but which was in fact fraudulently transmitted or altered by someone else without member’s or member’s deceased family member’s knowledge or consent; or received by the member or member’s deceased family member which purports to have been transmitted by an employee but which was in fact fraudulently transmitted by someone else without member’s, member’s deceased family member’s or employee’s knowledge or consent.

HSA Custodian/Administrator means a bank, credit union, insurance company, brokerage or other IRS-approved organization that offers health savings accounts.

Identity Fraud means the act of knowingly transferring or using, without lawful authority, a means of identification of the member or member’s deceased family member with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal, State or local law.

Investment or Health Savings Accounts means an employee sponsored, retirement or health savings account such as a 401K, Roth 401K, Simple IRA, SEP IRA, Health Savings Account (HSA), Flexible Spending Account (FSA), or Health Reimbursement Account (HRA). Investment or Health Savings Accounts also includes Employee Stock Option Plans (ESOP) of the member held directly or indirectly by a financial institution or HSA Custodian/Administrator and established primarily for personal, family or household purposes.

Legal Costs means costs, up to a maximum of $350 per hour, for reasonable fees for an attorney selected by the member and related court fees, incurred by the member with our consent, for:

  • Defense of any legal action brought against the member or member’s deceased family member by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan as a result of the identity fraud;

  • Removal of any civil judgments wrongly entered against the member or member’s deceased family member as a result of identity fraud; and

  • Challenging the accuracy or completeness of any information in a member’s or member’s deceased family member’s consumer credit report, medical history or tax history, as a result of identity fraud; For Reverse Record/Professional Identity Theft, challenging the accuracy or completeness of any information in member’s background check, as a result of identity fraud;

  • Member’s initial consultation with a lawyer to determine the severity of and appropriate response to an identity fraud;

    For Home Title Identity Theft, member’s initial consultation with a lawyer to determine the severity of and appropriate response to an identity fraud, and case filing fee of uncontested quiet title action, as a result of Title Theft or Deed Fraud of member’s residential real estate;. and

  • Defending criminal charges brought against the 

    member or member’s deceased family member as a result of identity fraud; provided, however, we will only pay criminal defense related fees and expenses after it has been established that the member or member’s deceased family member was not in fact the perpetrator.

For Cyber Bullying, Legal Costs means the services of a specialist legal firm up to a maximum of $350 per hour to provide legal services in relation to cyber bullying against the member.

Loss means the expenses and legal costs incurred by the member as the direct result of a covered transaction.

Loss of Wages means actual lost base wages that would have been earned in the United States, for time taken off work to consult with content removal service providers, counseling and rehabilitation service providers, digital forensic service providers, educational facility, and legal services in relation to cyber bullying against the member. Actual lost wages include remuneration for vacation days, discretionary days, floating holidays, and paid personal days and excludes sick days, business interruption and future earning of a self-employed professional. Base wages must be supported by and based on prior year tax return.

Member means the primary member and primary member’s family member if the primary member is enrolled in or elects a Family Plan membership program.

Minor Association Member means the primary association member’s or the primary association member’s spouse or domestic partner’s children including:

  1. unmarried children (including those who the member is their legal guardian) under twenty-one (21) years of age.

  2. unmarried children (including those who the member is a legal guardian) under twenty-six (26) years of age if a full-time student at an accredited college or university.

  3. dependent(s) with documented disabilities who have the same primary residence as the member and who relies on the member for maintenance and support.

Occurrence means an incident of an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons. For Cyber Bullying, Occurrence means an incident of an actual cyber bullying act or series of related acts, whether committed by one or more persons.

Occurrence date means the earliest possible date of discovery.

Policyholder means InfoArmor, a member company of Allstate.

Primary Guardian or Caregiver means the primary member or, primary member’s spouse or domestic partner, who provides care or accepts guardianship of their elderly parents and/or grandparents and agrees to a higher level or responsibility including making medical and daily care decisions for the elderly parent or grandparent. 

Primary Member means a customer of Allstate or its affiliates who is enrolled in an Allstate identity protection membership program that includes identity theft insurance who is in good standing:

  • for which the primary member membership fee/ product fee has been paid; and

  • whose name is shown on the membership.

Proof of Loss means receipts for reasonable out of pocket expenses.

Quiet Title or Quiet Title Action means a circuit court action or lawsuit that is filed with the intended purpose to establish or settle the title to a property.

Residential Real Estate means member’s primary residence, second home, vacation home or investment residential properties, including vacant homes for which member’s name appears on the residential real estate property deed. 

Senior Family Member means the primary member’s, or their spouse’s or domestic partner’s, parents or grandparents who live on their own, in a nursing home, or in an assisted living facility, who rely on the primary member to receive identity protection services. In the case of parents or grandparents of a primary’s spouse or domestic partner, such parents or grandparents are covered only if spouse or domestic partner is enrolled in primary member’s family plan.

Reverse Record/Professional Identity Theft means the use of member’s personal information to rent living accommodations, conceal a criminal past, or secure a job by the unauthorized use of member’s personal information, personal professional license numbers and/or credentials, to determine member’s eligibility for employment or housing.

Spouse means a person who is either:

  • legally married to the primary member; or

  • meets the definition of domestic partner to the primary member.

Stolen Identity Event means the theft, unauthorized, or illegal use of the member’s name, social security number, or other method of identifying the member.

Title Theft or Deed Fraud means an identity theft event resulting from the fraudulent recording of a forged deed, initiated by a person other than the member, without the actual authority to initiate a change in ownership of member’s residential real estate, and from which the member receives no benefit.  

Unauthorized Electronic Fund Transfer (UEFT) means an electronic fund transfer from the member’s account for Cash Recovery Aggregate, or investment or health savings account for Investment & Health Savings Accounts Cash Recovery, initiated by a person other than the member without the actual authority to initiate such transfer and from which the member receives no benefit.  

An unauthorized electronic fund transfer does not include an electronic fund transfer initiated:

  • by a person who was furnished the access device to the member’s account, unless the member had given prior notification to the financial institution that transfers by such person(s) are no longer authorized;

  • with fraudulent intent by the member or any person acting in concert with the member;

  • by the financial institution or its employees; or

  • from any business or commercial account.

 

CONDITIONS

  • Limits of Insurance - Our maximum limit of liability for loss under these Terms and Conditions shall not exceed the applicable limit stated on the Limits of Insurance section of these Terms and Conditions.

    • All loss incidental to an actual or attempted fraudulent, dishonest or criminal act or series of related acts, whether committed by one or more persons, shall be deemed to arise out of one occurrence.

    • Our total aggregate limit of liability shown on the Limits of Insurance section of these Terms and Conditions will be the maximum amount we will pay for all covered losses per primary member or family plan membership, regardless of the number of losses that occur for any one member per twelve (12) month period.

  • Loss Payment We will pay any loss covered under the Policy under which this coverage is provided, within thirty (30) days after:

    1. We reach agreement with the member; or

    2. The entry of final judgment.

  • Notice of Claim must be given to us by the member:

    1. in writing; and

    2. within a reasonable time period after the date of discovery.

  • Settlement of Claims

    • We will pay all covered claims within ninety (90) days from the date we receive acceptable proof of loss at our office.

  • Transfer of Rights of Recovery Against Others to Us - If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing to impair them. Recovery against persons or organizations also insured under this Policy or any other Policy issued by us with respect to the same loss is prohibited.

  • Other Insurance - This insurance is excess in the event coverage is provided under any other policy/certificate.Should member be enrolled in more than one membership program insured by us, we will reimburse the member under each membership:

    1. subject to the applicable deductibles and limits of liability of each membership;

    2. but in no event shall the total amount reimbursed under all memberships exceed the actual amount of loss; and

    3. in no event shall the limit of liability under all memberships exceed the largest limit of liability available to the member under any membership program insured by us.

  • Action Against Us – No action may be brought against us unless there has been full compliance with all of the terms and conditions of this Summary of Benefits and suit is filed within twenty-four (24) months from the date of occurrence.  No one will have the right to join us as a party to any against the policyholder or member.

NETGUARD® SELECT INSURANCE DECLARATIONS

Cyber Crime Insurance available to Pro+ Cyber subscribers

Limits of Insurance: The Limits of Insurance shown in A. and B. below apply separately to each Named Insured.

A. Limits per Insuring Agreement:

Each Claim

Aggregate

Data Recovery Coverage

$50,000

$50,000

Cyber Extortion Coverage

$50,000

$50,000

Cyber Crime and Cryptocurrency Coverage

$50,000

$50,000

B. Annual Aggregate Limit per Named Insured:

$50,000

Cyber Crime Insurance available to Pro+ Cyber Executive subscribers

Limits of Insurance: The Limits of Insurance shown in A. and B. below apply separately to each Named Insured.

A. Limits per Insuring Agreement:

Each Claim

Aggregate

Data Recovery Coverage

$250,000

$250,000

Cyber Extortion Coverage

$250,000

$250,000

Cyber Crime and Cryptocurrency Coverage

$250,000

$250,000

B. Annual Aggregate Limit per Named Insured:

$250,000

NetGuard® Select Insurance Master Policy

THE INSURING AGREEMENTS OF THIS POLICY PROVIDE FIRST PARTY COVERAGE ON AN EVENT DISCOVERED AND REPORTED BASIS. NO EXTENDED REPORTING PERIOD IS AVAILABLE FOR THIS COVERAGE. PLEASE REVIEW THIS POLICY CAREFULLY WITH YOUR INSURANCE BROKER OR ADVISOR.In consideration of the payment of the premium, in reliance upon all statements made and information furnished by the Policyholder to the Company, and subject to all terms, conditions, limitations and exclusions of this Policy, the Company agrees with the Policyholder as follows:TheCompany shall mean the insurance carrier set forth in the Declarations of this Policy.

I. INSURING AGREEMENTS

(A) Data Recovery Coverage
  1. Subject to the Limit of Insurance, the Company shall pay Digital Assets Loss and Special Expenses that an Insured incurs because of damage, alteration, corruption, distortion, theft, misuse or destruction of Digital Assets resulting from a System Failure, provided always that: (a) the Insured first discovers the System Failure during the Coverage Period; (b) the System Failure is reported to the Company in writing pursuant to Section X. of this Policy; and (c) the Insured provides clear evidence that the Digital Assets Loss and Special Expenses directly result from a System Failure.

  2. The Company shall pay Digital Assets Loss and Special Expenses for up to twelve (12) months following the Insured’s discovery of the System Failure, unless specified otherwise by endorsement to this Policy.

(B) Cyber Extortion Coverage
  1. Subject to the Limit of Insurance, the Companyshall pay Cyber Extortion Monies that an Insured incurs as a direct result of a Cyber Extortion Threat, provided always that: (a) the Insured first discovers the Cyber Extortion Threat during the Coverage Period; and (b) the Cyber Extortion Threat is reported to the Company in writing pursuant to Section X. of this Policy.

  2. The Company shall not be obligated to pay Cyber Extortion Monies for which the Company has not given Approval. The Insured must make every reasonable effort to notify local law enforcement authorities and the Federal Bureau of Investigation or equivalent foreign agency before surrendering any Cyber Extortion Monies in response to a Cyber Extortion Threat.

(C) Cyber Crime and Cryptocurrency Coverage

Subject to the Limit of Insurance, the Company shall pay Financial Fraud Loss that an Insured sustains because of Financial Fraud, provided always that: (a) the Insured first discovers the Financial Fraud during the Coverage Period; (b) the Financial Fraud is reported to the Company in writing pursuant to Section X. of this Policy; and (c) the Insured provides written confirmation to the Company thatthe Insured’s bankor credit card company has refused to reverse or prevent a payment transaction or to indemnify or reimburse the Insured for the Financial Fraud Loss.

II. CHOICE OF COUNSEL AND INVESTIGATION OF CLAIMS

(A) Choice of Counsel
  1. The Company may consider an Insured’s choice of counsel respect to any First Party Insured Event, but the final decision on selection of counsel rests with the Company. No Insured shall appoint counsel without Approval.

  2. The Company will have no obligation to pay legal expenses incurred by an Insured before the notice of Claim is received by the Company or incurred without Approval.

(B) Investigation

The Company has the right to make any investigation it deems necessary including, without limitation, any investigation with respect to the statements made and information furnished by the Policyholder in connection with the underwriting of this Policy, or coverage for any Claim.

III. LIMITS OF INSURANCE

The Limits of Insurance shown on the Declarations of this Policy apply separately to each Named Insured, subject to the Master Policy Annual Aggregate Limit and the provisions set forth below. All other persons qualifying as Insureds under this Policy shall share in the Limits of Insurance of the Named Insured.

(A) Limits Per Insuring Agreement

The Limits Per Insuring Agreement shown on a Named Insured’s Evidence of Coverage are the maximum the Company shall pay on behalf of such Named Insured under each Insuring Agreement of this Policy for each Claim, and in the aggregate for all Claims,first made during the Coverage Period, regardless of the number of Claims or claimants. If any Limit Per Insuring Agreement is exhausted, the Company’s obligations under that Insuring Agreement shall cease.

(B) Annual Aggregate Limit Per Named Insured

The Annual Aggregate Limit shown on a Named Insured’s Evidence of Coverage is the maximum the Company shall pay on behalf of such Named Insured under this Policy for all Claims first made during the Coverage Period, regardless of the number of Insuring Agreements that apply. If a Named Insured’s Annual Aggregate Limitis exhausted, the Company’s obligations under this Policy with respect to such Named Insured shall cease.

(C) Master Policy Annual Aggregate Limit

The Master Policy Annual Aggregate Limit shown in Item 6.C. of the Declarations of this Policy is the maximum the Company shall pay under this Policy for all Insureds combined, regardless of the number of Claims, Insureds or Insuring Agreements. All payments made under this Policy will reduce, and may completely exhaust, such Master Policy Annual Aggregate Limit. If the Master Policy Annual Aggregate Limit is exhausted by payment of covered amounts, all individual Limits of Insurance and Aggregate Limits will be deemed to be exhausted; there will be no further separate individual limit available to any Named Insured; and the Company’s obligations under this Policy with respect to all Insureds shall cease.

(D) Related Claims
  1. All RelatedClaims will be treated as follows:

    1. Related Claims will be considered to be a single Claim, regardless of the number of Insureds or applicable Insuring Agreements;

    2. RelatedClaims will be considered to have been first made on the date the earliest of the Related Claims is first made and will be considered to be first reported to the Company on the date the earliest of all such Related Claims is reported to the Company; and

    3. Related Claims will be subject to the applicable Limit of Insurance of the Policy in effect when the earliest of the RelatedClaims is first made.

  2. If multiple Insuring Agreements of this Policy apply to any Claim, the Company’s total maximum Limit of Insurance under this Policy for such Claim shall be the applicable Annual Aggregate Limit. However, the Company will never pay more under any one Insuring Agreement than the applicable Limit Per Insuring Agreement shown on a Named Insured’s Evidence of Coverage. The Company has the sole discretion to allocate amounts paid, if any, against the appropriate Limit of Insurance.

IV. DEDUCTIBLE

The Policyholder Annual Aggregate Deductible as shown on Item 6.D. of the Declarations is the amount the Policyholder is required to pay each Master Policy Period, on behalf of all Named Insureds, for all Claims and all amounts to which this Policy applies. The Limits of Insurance shall not be reduced by the amount of the Policyholder Annual Aggregate Deductible. The Policyholder’s payment of the Deductible is a condition precedent to payment by the Company of any amounts under this Policy, and the Company shall only be liable for amounts that exceed the Policyholder Annual Aggregate Deductible, up to the applicable Limit of Insurance. The Policyholder must make direct payments within its Deductible to the appropriate parties designated by the Company.

V. TERRITORIAL LIMITS

This Policy applies to First Party Insured Events taking place anywhere in the world. However, any provision in this Policy pertaining to coverage for First Party Insured Events taking place anywhere outside the United States of America, or its territories or possessions, shall apply only where legally permissible.

VI. DEFINITIONS

As used in this Policy:

  1. “Account Manager” means any person or organization authorized by an Insured to request (a) the transfer, payment or delivery of Money or Securities from a Covered Bank Account or (b) the transfer, payment or delivery of cryptocurrency from an Insured’s cryptocurrency wallet.

  2. “Act of Cyber Terrorism” means the premeditated use of disruptive activities, or the threat to use disruptive activities, against a Computer System, including any associated network and Data stored thereon, with the intention to cause harm, to further social, ideological, religious, political, or similar objectives, or to intimidate any person in furtherance of such objectives; provided that such activities are not committed by, or at the express direction of, a sovereign state or a government simultaneously engaged in War or a Cyber Operation carried out as part of any War.

  3. “Application Program” means any computer software program that performs a particular function or task within the Computer Operating System for the end-user, including, but not limited to, database programs, web browsers, enterprise software, word processors, graphics software and media players.

  4. “Approval” means the advance written agreement or consent by the Company, which will not be unreasonably withheld.

  5. “Bodily Injury” means physical injury, sickness, disease or death sustained by any person and, where resulting from such physical injury only, mental anguish, mental injury, shock, humiliation or emotional distress.

  6. “Business” means any employment, trade, occupation, profession or enterprise intended to realize a benefit or financial gain, whether engaged in on a full-time, part-time, occasional or temporary basis.

  7. “Claim” means:

    1. with respect to Data Recovery Coverage only, written notice from an Insured or an Insured’s representatives to the Company of a System Failure.

    2. with respect to Cyber Extortion Coverage only, written notice from an Insured or an Insured’s representatives to the Company of a Cyber Extortion Threat.

    3. with respect to Cyber Crime and Cryptocurrency Coverage only, written notice from an Insured or an Insured’s representatives to the Company of Financial Fraud. A Claim under any Insuring Agreement of this Policy will be deemed to have been first made when the Company first receives written notice of such Claim.

  8. “Cloud Provider” means any Third Party that provides computing resources to an Insured under a written contract with the Insured to provide such services, which are delivered as a service over a network or the internet (commonly known as “cloud computing”), including email services, Software as a Service, Platform as a Service and Infrastructure as a Service.

  9. “Computer Operating System” means Computer System software that manages or administers computer hardware, software resources, or provides common services to run an Application Program. Computer Operating System does not include an Application Program.

  10. “Computer System” means an interconnected electronic, wireless, web or similar system, including all computer hardware and software, used to process and store Data or information in an analogue, digital, electronic or wireless format, including, but not limited to, computer programs, Data, operating systems, firmware, servers, media libraries, associated input and output devices, mobile devices, devices that are connected to and controlled by the internet (also known as “smart devices”), networking equipment, websites, extranets, off-line storage facilities (to the extent they hold Data) and electronic backup equipment.

  11. “Coverage Period”, with respect to each Named Insured, means the period beginning on the effective date of the Named Insured’s coverage under this Policy, as set forth in such Named Insured’s Evidence of Coverage, and ending on the earlier of:

    1. the natural expiration of the Named Insured’s coverage under this Policy, as set forth in such Named Insured's Evidence of Coverage;

    2. the effective date of cancellation or termination of this Policy, or

    3. the effective date of cancellation or termination of the Named Insured’s coverage under this Policy. No Coverage Period shall begin before the effective date of the Master Policy Period.

  12. “Covered Bank Account” means a personal account at a financial or banking institution, including any personal trust or investment account, which is maintained by an Insured in the Insured’s name, or in the name of a legal entity established by an Insured or on an Insured’s behalf to manage the Insured’s personal assets, from which the Insured or an Account Manager may request the transfer, payment or delivery of Money or Securities. Covered Bank Account does not include any Business account.

  13. “Cyber Extortion Monies” means Money, digital currency of any kind, including bitcoin, or Other Property that an Insured pays with Approval to any person or group reasonably believed to be responsible for a Cyber Extortion Threat, to prevent or terminate such Cyber Extortion Threat.

  14. “Cyber Extortion Threat” means a credible threat or series of related credible threats, including a demand for Cyber Extortion Monies, which is directed at an Insured to:

    1. steal, alter, release, reveal, divulge, disseminate, destroy, publicly disclose or misuse Private Information taken from an Insured through unauthorized access to, or unauthorized use of, an Insured Computer System;

    2. infect an Insured Computer System with malicious code or ransomware;

    3. corrupt, damage or destroy an Insured Computer System;

    4. restrict or hinder access to an Insured Computer System, including the threat of a Denial of Service Attack;

    5. perpetrate or carry out a Phishing Attack; or

    6. steal, alter, release, reveal, divulge, disseminate, destroy, publicly disclose or misuse an Insured’s confidential or proprietary information or Personally Identifiable Information. A series of continuing, related or repeated Cyber Extortion Threats, or multiple Cyber Extortion Threats resulting from the same attack, event or incident, will be considered a single Cyber Extortion Threat and will be considered to have occurred at the time the first of such Cyber Extortion Threats occurred.

  15. "Cyber Operation” means the use of a Computer System by, at the direction, or under the control of a sovereign state to disrupt, deny, degrade, manipulate or destroy information in a Computer System of or in another sovereign state.

  16. “Data” means any machine-readable information, including, but not limited to, ready-for-use programs, applications, account information, customer information, health and medical information or other electronic information, irrespective of the way it is used and rendered.

  17. “Denial of Service Attack” means an event caused by unauthorized or unexpected interference or a malicious attack, which is intended by the perpetrator to overwhelm the capacity of a Computer System by sending an excessive volume of Data to such Computer System to prevent access to such Computer System.

  18. “Digital Assets” means Data and computer programs that exist in an Insured Computer System. Digital Assets does not includecomputer hardware.

  19. “Digital Assets Loss” means reasonable and necessary expenses and costs that an Insured incurs to replace, recreate or restore Digital Assets to the same state and with the same contents immediately before the Digital Assets were damaged, destroyed, altered, misused or stolen, including research costs incurred in recreating Digital Assets and expenses for materials and machine time. Digital Assets Loss will be determined in accordance with Section XI. of this Policy.

  20. "Essential Service” means any service that is essential for the proper operation and maintenance of vital functions of a sovereign state, including, but not limited to, financial services (including services related to financial institutions and associated financial market infrastructure), health services, utility services, emergency services, and/or services that are essential for the proper operation of the food, energy and/or transportation sector.

  21. “Evidence of Coverage” means the NetGuard® Select Insurance Master Policy Certificate of Insurance that a Named Insured holds, which evidences such Named Insured’s coverage under this Policy.

  22. “Family Member” means any of the following persons, provided that the Named Insured has identified them to the Policyholder (either during open enrollment if coverage is obtained through employee benefits or in the Family section of the Policyholder’s portal):

    1. the legal or common law spouse of the Named Insured;

    2. dependent children or other dependent family members who reside with the Named Insured;

    3. dependent children, or other dependent family members who do not reside with the Named Insured but who are supported financially by the Named Insured; and

    4. persons who are aged 65 and above and:

      1. are the parents or grandparents of the Named Insured or the Named Insured’s spouse or domestic partner; and

      2. rely on the Named Insured to receive identity protection services through the Policyholder All persons identified in (a) through (d) above must be individually registered with the Policyholder to qualify as a Family Member under this Policy.(24)

  23. “Financial Fraud” means:

    1. an intentional, unauthorized and fraudulent written, electronic or telephonic instruction transmitted to a financial institution, directing such institution to debit, transfer, withdraw or disburse Money or Securities from a Covered Bank Account, which instruction purports to have been transmitted by an Insured or Account Manager, but was in fact fraudulently transmitted by a Third Party without the Insured’s knowledge or consent;

    2. a Phishing Attack directed at an Insured or Account Manager which fraudulently induces the Insured or Account Manager to transfer, pay or deliver Money or Securities from a Covered Bank Account;

    3. a Phishing Attack directed at an Insured or Account Manager which fraudulently induces the Insured or Account Manager to transfer, pay or deliver cryptocurrency from an Insured’s cryptocurrency wallet;

    4. the theft of Money or Securities from a Covered Bank Account or an Insured’s personal credit cards as a result of a Hacking Attack; or

    5. the theft of cryptocurrency from an Insured’s cryptocurrency wallet as a result of a Hacking Attack.

  24. “Financial Fraud Loss” means a direct loss of Money, Securities or cryptocurrency that an Insured sustains because of Financial Fraud. “Financial Fraud Loss” does not include any amounts reimbursed to an Insured by any financial or banking institution, or the theft of Money or Securities from a Business account maintained by an Insured or Account Manager.

  25. “First Party Insured Event” means:

    1. with respect to Data Recovery Coverage only, a System Failure;

    2. with respect to Cyber Extortion Coverage only, a Cyber Extortion Threat; and

    3. with respect to Cyber Crime and Cryptocurrency Coverage only, a Financial Fraud.

  26. “Hacking Attack” means any of the following directed at or enacted upon an Insured Computer System:

    1. unauthorized access to, or unauthorized use of, an Insured Computer System, including any such unauthorized access or unauthorized use resulting from the theft of a password from an Insured Computer System or from an Insured;

    2. a Denial of Service Attack against an Insured Computer System;

    3. infection of an Insured Computer System by malicious code, or the transmission of malicious code from an Insured Computer System; or

    4. an Act of Cyber Terrorism.

  27. "Impacted State” means a sovereign state where a Cyber Operation has had a major detrimental impact on:

    1. the functioning of that sovereign state due to disruption of the availability, integrity or delivery of an Essential Service in that sovereign state; and/or

    2. the security or defense of that sovereign state.

  28. “Insured” means:

    1. any Named Insured; and

    2. any Family Member. Insured does not include the Policyholder; no coverage is afforded under this Policy to the Policyholder.

  29. “Insured Computer System” means a Computer System that is owned and operated by an Insured, or that is leased to and operated by an Insured.

  30. “Master Policy Period” means the period from the effective date to the expiration date of this Policy, as set forth in item 4 of the Declarations, or any earlier termination or cancellation date.

  31. “Money” means a medium of exchange in current use and authorized or adopted by a domestic or foreign government, including, but not limited to, currency, coins, bank notes, bullion, travelers’ checks, registered checks and Money orders held for sale to the public.

  32. “Named Insured” means the natural person who is a customer in good standing with Allstate Identity Protection and is named on an Evidence of Coverage for this Policy.

  33. “Operating System Event” means a single act of exploitation of, or a series of related, repeated or continuing acts of exploitation of, software vulnerabilities in a Computer Operating System, including, but not limited to ransomware, wiper malware, computer worms, and computer viruses, the impact of which is of sufficient intensity, scale or effect to cause a major detrimental impact on the functioning of a sovereign statedue to disruption of the availability, delivery, or integrity of an any Essential Service in that sovereign state; provided, however, a major detrimental impact on the functioning of a sovereign state shall not result from an attack, or a related series of attacks, solely impacting the Insured. For purposes of this definition, the determination of whether an event constitutes a major detrimental impact on the functioning of a sovereign state will rely upon any available evidence such as information from governments, news media, qualified IT forensics firms, computer experts and claims reported to the Company

  34. “Other Property” means any tangible property, other than Money or Securities, which has intrinsic value.

  35. “Outsourced IT Service Provider” means a Third Party that provides information technology services to an Insured, including but not limited to, hosting, security management, co-location and Data storage, under a written contract with such Insured to provide such services. Outsourced IT Service Provider includes any Cloud Provider.

  36. “Personally Identifiable Information” means information that can be used to determine, distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, including, but not limited to, financial account numbers, security codes, personal identification numbers (PINs), credit and debit card numbers, medical or healthcareinformation, social security numbers, driver’s license numbers, addresses, passwords, and any other non-public information.

  37. “Phishing Attack” means the use by a Third Party of fraudulent and intentionally misleading telephone calls, emails, texts, instant messages or other electronic communications or malicious websites to impersonatea legitimate or trustworthy contact, organization or person to solicit Private Information, Money or cryptocurrency.

  38. “Policyholder” means the entity specified as such in Item 1 of the Declarations.

  39. “Privacy Breach” means any of the following:

    1. the unauthorized collection, disclosure, use, access, destruction or modification of Private Information;

    2. the theft of Private Information, including the theft of Private Information stored on an Insured’s unsecured Data storage or mobile device, such as a smartphone, tablet or laptop;

    3. the surrender of Private Information in a Phishing Attack;

    4. an infringement or violation of any rights to privacy; or

    5. breach of a person’s right of publicity, false light or intrusion upon a person’s seclusion. A series of continuing, related or repeated Privacy Breaches, or multiple Privacy Breaches resulting from the same attack, event or incident, will be considered a single Privacy Breach and will be considered to have occurred at the time the first of such Privacy Breaches occurred.

  40. “Private Information” means proprietary or confidential information owned by a Third Party that is in the care, custody or control of an Insured, or is used by an Insured with the consent of such Third Party, and Personally Identifiable Information.

  41. “Programming Error” means an error which occurs during the development or encoding of a computer program, software or application and which would, when in operation, result in a malfunction or incorrect operation of a Computer System.

  42. “Property Damage” means physical injury to, or impairment, destruction or corruption of, any tangible property, including the loss of use thereof. Data is not considered tangible property.

  43. “Related Claims” means:

    1. two or more Claims involving any one Insured which have as a common nexus any fact, circumstance, situation, event or cause, or a series of causally connected facts, circumstances, situations, events or causes;

    2. two or more Claims involving any one Insured which arise from the same or continuing First Party Insured Event; or

    3. a single Claim involving multiple Insureds who are insured under one Evidence of Coverage.

  44. “Securities” means negotiable or non-negotiable instruments or contracts representing Money or Other Property. Securities does not include Money.

  45. “Security Breach” means any of the following, whether a specifically targeted attack or a generally distributed attack:

    1. a Hacking Attack; or

    2. the theft or loss of an Insured’s unsecured Data storage or mobile device, including any smartphone, tablet or laptop containing Private Information. A series of continuing, related or repeated Security Breaches, or multiple Security Breaches resulting from a continuing attack, event, incident or failure of computer security, will be considered a single Security Breach and will be considered to have occurred at the time the first of such Security Breaches occurred.

  46. “Special Expenses” means reasonable and necessary costs and expenses that an Insured incurs to:

    1. prevent, preserve, minimize, or mitigate any further damage to Digital Assets, including the reasonable and necessary fees and expenses of specialists, outside consultants or forensic experts;

    2. preserve critical evidence of any criminal or malicious wrongdoing; or

    3. purchase replacement licenses for computer programs because the copy protection system or access control software was damaged or destroyed by a System Failure.

  47. “System Failure” means an unplanned outage, interruption, failure, suspension or degradation of service of an Insured Computer System, including, but not limited to, any such outage, interruption, failure, suspension or degradation of service caused directly by a Hacking Attack, administrative error or Programming Error.

  48. “Third Party” means any entity, company, organization or person who does not qualify as an Insured under this Policy. However, Third Party does not include the Policyholder.

  49. “Unauthorized Trading” means trading, which at the time of the trade, exceeds permitted financial limits or is outside of permitted product lines.

  50. “War” means any war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power, or confiscation, nationalization, requisition or destruction of or damage to property by or under the order of any government or public or local authority, or any action taken by a government authority to hinder, control, prevent, suppress or defend against any of the aforementioned actions.

VII. EXCLUSIONS AS TO THE ENTIRE POLICY

This Policy does not apply to any Claim:

  1. based upon, arising from or in any way involving any of the following committed by an Insured, whether acting alone or in collusion with other persons:

    1. any willful, intentional, deliberate, malicious, fraudulent, dishonest or criminal act or omission;

    2. any intentional violation of law; or

    3. the gaining of any profit or advantage to which an Insured is not legally entitled.

  2. based upon, arising from or in any way involving an Insured’s activities as a stockholder, owner, manager, agent, partner, officer, director or employee of any Business or organization, corporation or company.

  3. for Bodily Injury or Property Damage.

  4. based upon, arising from or in any way involving any of the following, regardless of any other cause or event that contributes concurrently or in any sequence to the Claim:

    1. electrical or mechanical failures or interruption, including electrical disturbance, spike, brownout or blackout; or

    2. any regional, countrywide or global outage, failure, disruption or reduction in supply of any utility service or infrastructure, including electricity, gas, water, telephone, cable, internet, satellite or telecommunications, or any failure, outage, disruption, degradation or termination of any critical part of such service or infrastructure.

  5. based upon, arising from or in any way involving the violation of any economic or trade sanctions by the United States government, including, but not limited to, sanctions administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control (OFAC). However, this Exclusion does not apply to a Security Breach originating from any country where the United States of America has imposed economic or trade sanctions.

  6. based upon, arising from or in any way involving any breach of any express, implied, actual or constructive contract, warranty, guarantee or promise. However, this Exclusion does not apply to any liability or obligation an Insured would have had in the absence of such contract, warranty, guarantee or promise.

  7. based upon, arising from or in any way involving any liability assumed by any Insured under a contract or agreement. However, this Exclusion does not apply to any liability an Insured would have had in the absence of such contract or agreement.

  8. based upon, arising from or in any way involving:

    1. any actual, alleged or threatened presence of pollutants or contamination of any kind, including, but not limited to, asbestos, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste (“waste” includes materials to be recycled, reconditioned or reclaimed), whether or not such presence results from an Insured’s activities or the activities of others, or such presence or contamination happened suddenly or gradually, accidentally or intentionally, or expectedly or unexpectedly; or

    2. any directive 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 or contamination of any kind.

  9. based upon, arising from or in any way involving income loss caused by or resulting from Unauthorized Trading.

  10. based upon, arising from or in any way involving:

    1. the actual or alleged purchase or sale of Securities;

    2. the actual or alleged loss of value of any Securities;

    3. the offer of, or solicitation of an offer, to purchase or sell Securities; or

    4. the violation of any Securities law including, but not limited to, the provisions of the Securities Act of 1933, the Securities Exchange Act of 1934 or the Sarbanes-Oxley Act of 2002, or any regulation promulgated under the foregoing statutes, or any similar federal, state, local or foreign law, including “Blue Sky” laws, whether such law is statutory, regulatory or common law.

  11. based upon, arising from or in any way involving the actual or alleged government enforcement of any federal, state, local or foreign regulation, including, but not limited to, regulations promulgated by the United States Federal Trade Commission, the Federal Communications Commission or the Securities and Exchange Commission.

  12. based upon, arising from or in any way involving:

    1. any employer-employeerelations, policies, practices, acts or omissions;

    2. any actual or alleged refusal to employ any person; or

    3. any misconduct with respect to employees.

  13. based upon, arising from or in any way involving any actual or alleged harassment or discrimination including, but not limited to, discrimination based on age, color, race, gender, creed, national origin, marital status, sexual preferences, disability or pregnancy.

  14. based upon, arising from or in any way involving:

    1. the violation of any pension, healthcare, welfare, profit sharing, mutual, or investment plan, fund or trust; or

    2. the violation of any provision of the Employee Retirement Income Security Act of 1974 and its amendments, or the Pension Protection Act of 2006 and its amendments, or any regulation, ruling, or order issued pursuant to the foregoing statutes.

  15. for any loss, damage, cost or expense:

    1. directly or indirectly caused by, resulting from or in connection with any War;

    2. resulting from a Cyber Operation carried out as part of any War; or

    3. resulting from a Cyber Operation that causes a sovereign state to become an Impacted State. However, this Exclusion does not apply to an Act of Cyber Terrorism. Exclusion (O)(3) also does not apply to the direct or indirect effect of a Cyber Operation on an Insured Computer System that is not physically located in an Impacted State but is affected by a Cyber Operation.

  16. based upon, arising from or in any way involving any actual or alleged infringement of any patent.

  17. based upon, arising from or in any way involving the misappropriation, theft, copying, display or publication of any trade secret.

  18. based upon, arising from or in any way involving the confiscation, commandeering, requisition or destruction of, or damage to, computer hardware by order of a government de jure or de facto, or by any public authority for whatever reason.

  19. for any loss or expense arising from illness, substance abuse or death.

  20. for any loss of cryptocurrency that an Insured sustains as a result of:

    1. an outage, interruption, failure, suspension or degradation of service of a Computer System owned, controlled, leased or operated by any cryptocurrency wallet provider or cryptocurrency exchange;

    2. the theft of cryptocurrency in a network attack against a Computer System owned, controlled, leased or operated by any cryptocurrency wallet provider or cryptocurrency exchange, including a Denial of Service Attack, Act of Cyber Terrorism or infection of such Computer System by malicious code; or

    3. the insolvency or bankruptcy of any cryptocurrency wallet provider or cryptocurrency exchange.

  21. based upon, arising from or in any way involving the theft, misappropriation or misuse of information belonging to, or in the care, custody or control of Allstate Insurance Company or any of its subsidiaries, partners or affiliates (“Allstate”).

  22. for the failure or breach of the security intended to protect any Computer System that is owned or operated by, or under the control of, Allstate, including, but not limited to, that which is caused by unauthorized access, unauthorized use, infection by malicious code or Denial of Service Attack.

  23. for any outage, interruption, failure, suspension or degradation of service of any Computer System that is owned or operated by, or under the control of, Allstate.

  24. based upon, arising from or in any way involving any Security Breach or Privacy Breach caused by or resulting from, in whole or in part, the introduction of malicious code or other vulnerabilities into an Insured Computer System by way of insertion of malicious code into any software which is developed, sold or distributed by Allstate.

  25. for sanctions, fines or penalties imposed by law.

  26. based upon, arising from or in any way involving fire, smoke, explosion, lightning, wind, water, flood, earthquake, volcanic eruption, tidal wave, landslide, hail, force majeure or any other physical event, however caused.

  27. based upon, arising from or in any way involving an Operating System Event.

  28. for any liability to any Third Party for whatever reason, including contractual penalties, damages or legal costs and expenses of any type.

VIII. EXCLUSIONS AS TO DATA RECOVERY COVERAGE

In addition to the Exclusions under Section VII., the Company will not be liable under Data Recovery Coverage for:

  1. the cost of restoring, updating or replacing Digital Assets to a level beyond that which existed prior to the System Failure.

  2. physical damage to, or the costs to repair or replace, any computer hardware or Data center.

  3. the economic or market value of Digital Assets.

  4. the costs or expenses incurred to identify, patch or remediate software Programming Errors or Computer System vulnerabilities.

  5. the cost to upgrade, improve, repair, redesign, reconfigure or maintain an Insured Computer System to a level of functionality beyond that which existed prior to the System Failure.

  6. the cost of restoring, replacing or repairing any electronic media.

IX. EXCLUSIONS AS TO CYBER CRIME AND CRYPTOCURRENCY COVERAGE

In addition to the Exclusions under Section VII., the Company will not be liable under Cyber Crime and Cryptocurrency Coverage for:

  1. any Claim based upon, arising from or in any way involving any actual or alleged unauthorized acquisition, access, use or disclosure of Private Information that is held or transmitted in any form. However, this Exclusion does not apply to Financial Fraud which directly results from the use of Private Information.

  2. amounts that have been wholly or partially reversed by a credit card company or financial institution.

  3. loss of Other Property arising out of, resulting from or in any way involving the fraudulent or purportedly fraudulent use of a credit or debit card.

  4. any Claim based upon, arising from or in any way involving any fraudulent instruction, if the sender, or any person or organization acting in collusion with the sender, ever had authorized access to an Insured’s password, PIN or other security code. However, this Exclusion does not apply to Financial Fraud Loss resulting from a Phishing Attack directed at an Insured or Account Manager which fraudulently induces the Insured or Account Manager to (1) transfer, pay or deliver Money or Securities from a Covered Bank Account or (2) transfer, pay or deliver cryptocurrency from an Insured’s cryptocurrency wallet.

  5. any Claim based upon, arising from or in any way involving the giving or surrendering of Money, Securities or Other Property in any exchange for or purchase of goods or services:

    1. that are not yet delivered, whether fraudulent or not;

    2. that fail to conform to advertised quality or performance; or

    3. that fail to conform to the quality or performance expected from the standpoint of the Insured.

  6. any Claim based upon, arising from, or in any way involving potential income, including interest and dividends, not realized by any Insured.

X. NOTIFICATION

With respect to all Insuring Agreements of this Policy, an Insured must provide written notice to the Company, through the persons named in the Evidence of Coverage, of any Claim as soon as practicable during the Coverage Period, but no later than sixty (60) days after expiration of the Coverage Period.

XI. DATA RECOVERY LOSS DETERMINATION

Digital Assets Loss under Data Recovery Coverage will be determined as follows:

  1. If the impacted Digital Asset was purchased from a Third Party, the Company will pay only the lesser of the original purchase price of the Digital Asset or the reasonable and necessary Digital Assets Loss.

  2. If it is determined that the Digital Assets cannot be replaced, restored or recreated, the Company will only reimburse the actual and necessary Digital Assets Loss incurred up to such determination.

XII. POLICY CONDITIONS

(A) Assistance and Cooperation
  1. As a condition precedent to coverage under this Policy, every Insured shall cooperate with the Company and its representatives and, upon the Company’s request, shall submit to examination by a representative of the Company, under oath if required; attend hearings, depositions and trials; assist in effecting settlement; cooperate in the securing and giving of evidence, obtaining the attendance of witnesses, and in the conduct of suits; and shall give a written statement(s) to the Company’s representatives for the purpose of investigation and/or defense, all without charge to the Company. Every Insured shall further cooperate with the Company to do whatever is necessary to secure and effect any rights of indemnity, contribution or apportionment that any Insured may have. No Insured shall take any action which in any way increases the Company’s exposure under this Policy.

  2. Every Insured must execute or cause to be executed all papers and render all assistance as reasonably requested by the Company, which may require an Insured to provide copies of a Third Party’s system security and event logs.

  3. No Insured will admit liability, make any payment, assume any obligation, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without Approval. However, the prompt public admission of a Privacy Breach or Security Breach potentially impacting the Private Information of Third Parties will not be considered an admission of liability requiring Approval.

(B) Subrogation
  1. If any payment is made under this Policy, the Company shall be subrogated to the extent of such payment to all rights of recovery thereof, and the Insured shall execute all documents required and do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company to effectively bring suit in the name of any Insured, and shall provide all other assistance and cooperation which the Company may reasonably require. The Insured shall do nothing after a Claim is made to prejudice the Company’s subrogation rights.

  2. Any recoveries shall be applied first to subrogation expenses, second to any other amounts incurred by the Company, and lastly to the Deductible. Any additional amounts recovered will be paid tothe Insured.

(C) Other Insurance

This Policy is excess over any other valid and collectible insurance (including the amount of any deductibles and/or retentions) available to any Insured, including any insurance under which there is a duty to defend and regardless of whether such other policy or policies are stated to be primary, contributory, excess, contingent or otherwise, unless such insurance is written specifically as excess insurance of this Policy by reference in such other policy to the Policy number set forth in the Declarations of this Policy.

(D) Cancellation
  1. The Policyholder may not cancel this Policy; however, a Named Insured may cancel its own coverage under this Policy by giving the Company advance, written notice stating when thereafter cancellation shall take effect. If a Named Insured cancels its own coverage under this Policy, the annual premium will be deemed fully earned, and the Company will not be liable to return any premium paid.

  2. The Company may only cancel a Named Insured’s coverage under this Policy for non-payment of premium by mailing to the Named Insured written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective.

  3. If the provisions of (D)(2) above are in conflict with any governing law or regulation, then such provisions shall be deemed amended to comply with the requirements of any such law or regulation, including any minimum cancellation notice period permitted thereunder.

  4. In the event of cancellation of a Named Insured’s coverage under this Policy, no Extended Reporting Period Coverage will be available to the Named Insured.

(E) Non-Renewal
  1. If the Company elects to non-renew this Policy, it will mail a written notice to the Policyholder stating the reason for non-renewal at least sixty (60) days before the Expiration Date of this Policy.

  2. If this Policy is not renewed by the Company or the Policyholder, the Policyholder is responsible for notifying all Insureds of the effective date of nonrenewal. Non-renewal of this Policy shall be binding on all Insureds whether or not any such Insureds are notified by the Policyholder of the non-renewal.

  3. If the Company elects to non-renew a Named Insured’s coverage under this Policy, it will mail a written notice to such Named Insured stating the reason for non-renewal at least sixty (60) days before theExpiration Dateof the applicable Coverage Period.

  4. If any of the provisions of (E)(1) through E(3) above are in conflict with any governing law or regulation, then such provisions shall be deemed amended to comply with the requirements of any such law or regulation, including any minimum non-renewal notice period permitted thereunder.

  5. In the event of non-renewal of this Policy or any Named Insured’s coverage under this Policy, no Extended Reporting Period Coverage will be available to any Named Insured.

(F) Action Against the Company

No action shall lie against the Company unless, as a condition precedent thereto, there has been full compliance with all of the terms of this Policy, nor until the amount of an Insured's obligation to pay with respect to a Claim has been finally determined either by judgment against an Insured after actual trial or by written agreement of an Insured, the claimant and the Company. Any individual or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No individual or organization shall have any right under this Policy to join the Company as a party to any action against any Insured to determine an Insured's liability, nor shall the Company be impleaded by any Insured or their legal representative.(G) Dispute Resolution

  1. Mediation If any dispute arises between any Insured and the Company involving this Policy or a Claim hereunder, the Named Insured and the Company agree that such dispute will be referred to a qualified mediator in a good faith effort to negotiate a resolution of the dispute prior to the initiation of any arbitration or other proceedings. The party invoking the agreement to mediate will provide written notice to the other party setting forth its request to mediate and a brief statement regarding the issue to be mediated. The Named Insured is authorized and directed to accept the Notice of Mediation on behalf of any Insured.

  2. Arbitration As a condition precedent to any right of action hereunder, in the event that a good faith effort to mediate pursuant to Section XII.(G)(1) above does not resolve a dispute between any Insured and the Company involving this Policy or a Claim, the Named Insured and the Company agree that such dispute will be determined by final and binding arbitration before a single arbitrator. If the parties cannot mutually select the arbitrator, the parties will refer the selection of the arbitrator to the American Arbitration Association.

(H) Service of Suit

This condition applies in jurisdictions where the Company is not an admitted insurer.

It is hereby understood and agreed that in the event of the Company’s failure to pay the amount claimed to be due hereunder, the Company, at the request of an Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction, and all matters regarding service of suit shall be determined in accordance with the law and practice of such court. Nothing in herein constitutes or should constitute a waiver of the Company’s rights to commence an action in any court of competent jurisdiction in the United States; to remove an action to a United States District Court; to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States; or to appeal any judgment or ruling.

It is further understood and agreed that, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor(s) in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of any Insured or any beneficiary hereunder arising out of this Policy, and hereby designates the President of the Houston Casualty Company in care of the General Counsel, at 13403 Northwest Freeway, Houston, TX, 77040, as the person to whom said officer is authorized to mail such process or true copy thereof.

It is further understood and agreed that service of process in such suit may be made upon NATIONAL REGISTERED AGENTS, INC., 2875 Michelle Drive, Suite 100, Irvine, CA 92606, and that in any suit instituted against the Company upon this Policy, the Company will abide by the final decision of such court, or of any appellate court in the event of an appeal.

(I) Assignment

No assignment of interest under this Policy shall bind the Company unless its prior written consent is endorsed hereon.

(J) Forfeiture

Any action or failure to act by a Named Insured with the intent to defraud the Company, will render such Named Insured’s Evidence of Coverage null and void, and all of such Named Insured’s coverage hereunder will be forfeited.

(K) Bankruptcy or Insolvency

Bankruptcy or insolvency of any Insured shall not relieve the Company of its obligations nor deprive the Company of its rights or defenses under this Policy.

(L) Office of Foreign Assets Control

Payment under this Policy shall only be made in full compliance with all United States of America economic or trade sanctions, laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

(M) Headings

The titles of paragraphs or sections of this Policy or any endorsements are intended solely for convenience and reference and are not considered in any way to limit or expand the provisions to which they relate and are not part of the Policy. Whenever the singular form of a word is used herein, the same will include the plural when required by context.

(N) Policy Conformance

Any terms of this Policy that conflict with any local or state law, regulation or ordinance of the state that applies, will be thereby amended to the extent necessary in order to conform to such local or state law, regulation or ordinance.

(O) Policyholder’s Rights and Duties

The Policyholder, on behalf of all Insureds, shall be:

  1. authorized to make changes in the terms of this Policy, with the Company’s consent;

  2. authorized to agree to and receive any endorsements issued to form a part of this Policy;

  3. responsible for payment of all premiums;

  4. the payee for any return premium; and

  5. responsible for notifying all Insureds if this Policy is canceled or non-renewed.

XIII. CURRENCY AND PAYMENTS

All premium and losses under this Policy shall be payable in United States dollars.

XIV. ENTIRE AGREEMENT

By acceptance of this Policy, the Policyholder agrees that this Policy embodies all agreements between the Policyholder and the Companyrelating to this Policy. Notice to any agent, or knowledge possessed by any agent, or by any other person, will not affect a waiver or a change in any part of this Policy or estop the Companyfrom asserting any right under the terms of this Policy; nor will the terms of this Policy be waived or changed, except by endorsement issued to form a part of this Policy and signed by the Company.

HOUSTON CASUALTY COMPANY

Houston, Texas

End. Effective Date

Policyholder

Policy Number

Endorsement

04/01/2025

Allstate Identity Protection

H25ECN53598-00

1

NETGUARD® SELECT MASTER POLICY ENDORSEMENT

NUCLEAR INCIDENT EXCLUSION

In consideration of the premium charged, it is understood and agreed that Section VII. EXCLUSIONS AS TO THE ENTIRE POLICY of this Policy is amended by the addition of the following Exclusion:

This Policy does not apply to any Claim based upon, arising from or in any way involving any injury, sickness, disease, death or destruction, including all forms of radioactive contamination of property:

  1. with respect to which any Insured is also insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for exhaustion of its limit of liability;

  2. resulting from the Hazardous Properties of Nuclear Material and with respect to which:

    1. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, as amended, or any regulations promulgated thereunder;

    2. any Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or

  3. resulting from the Hazardous Properties of Nuclear Material, if:

    1. the Nuclear Material is at any Nuclear Facility owned by, or operated by or on behalf of, an Insured or has been discharged or dispersed therefrom;

    2. the Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or

    3. the injury, sickness, disease, death or destruction arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction maintenance, operation or use of any Nuclear Facility; provided, however, if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (c)(3) applies only to injury to or destruction of property at such Nuclear Facility.

As used in this Endorsement:

  1. “Hazardous Properties” means radioactive, toxic or explosive properties.

  2. “Nuclear Facility” means:

    1. any Nuclear Reactor;

    2. any equipment or device designed or used for separating the isotopes of uranium or plutonium, processing or utilizing Spent Fuel, or handling, processing or packaging Waste;

    3. any equipment or device used for the processing, fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of an Insured at the premises where such equipment or device is located consists of or contains more than twenty-five (25) grams of plutonium or uranium 233, or any combination thereof, or more than 250 grams of uranium 235;

    4. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of Waste, and

    5. the site on which any of (a) through (d) above is located, all operations conducted on such site and all premises used for such operations.

  3. “Nuclear Material” means Source Material, Special Nuclear Material or Byproduct Material.

  4. “Nuclear Reactor” means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.

  5. “Spent Fuel” means any fuel element or fuel component, solid or liquid that has been used or exposed to radiation in a Nuclear Reactor.

  6. “Waste” means any waste material containing Byproduct Material and resulting from the operation by any person or organization of any Nuclear Reactor or any equipment or device designed or used for separating the isotopes of uranium or plutonium, processing or utilizing Spent Fuel, or handling, processing or packaging Waste.

  7. “Source Material”, “Special Nuclear Material” and “Byproduct Material” have the meanings given them in the Atomic Energy Act 1954, or in any law amendatory thereof.

All other terms and conditions of this Policy remain unchanged.

NETGUARD® SELECT MASTER POLICY ENDORSEMENT

POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE

Coverage for acts of terrorism is already included in your policy (including any quotation for insurance) to which this notice applies. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2015, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury – in consultation with the Secretary of Homeland Security, and the Attorney General of the United States – to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk

Insurance Act, as amended. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, INCLUDING BUT NOT LIMITED TO, AN EXCLUSION FOR NUCLEAR EVENTS. PLEASE READ IT CAREFULLY. Under the formula, the United States Government generally reimburses 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on January 1, 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a USD100 billion cap that limits U.S. Government reimbursement as well as insurers’ liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds USD100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed USD100 billion, your coverage may be reduced.

The portion of your annual premium that is attributable to coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act, as amended in 2015, is 1%. This amount does not include any charges for the portion of loss covered by the Federal Government under the Act.

I ACKNOWLEDGE THAT I HAVE BEEN NOTIFIED THAT UNDER THE TERRORISM RISK INSURANCE ACT, AS AMENDED IN 2015, ANY LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM UNDER MY POLICY MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT AND ARE SUBJECT TO A USD100 BILLION CAP THAT MAY REDUCE MY COVERAGE, AND I HAVE BEEN NOTIFIED OF THE PORTION OF MY PREMIUM ATTRIBUTABLE TO SUCH COVERAGE.

INSURANCE CARRIER: Houston Casualty Company