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FailSafe Enterprise Liability Expense Application€¦  · Web view( Check (() all items that are...

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This application is for a Claims Made Policy. Name of Insurer Release 4.2 Agent Name: Agent License Number: The Basics The words You, Your and Yours in this application means all of the following: the entity indicated in question below (the “Applicant”); all subsidiaries in which the Applicant has more than a 50% ownership interest; and all officers, directors, owners, partners and employees of the aforementioned entities. The words We, Us and Our means the Insurer named above. Name of Applicant (use the complete legal entity name as it should appear on the policy) Please list all subsidiaries of the Applicant Applicant’s Address (provide mailing & physical address if they’re not the same) List foreign countries You have physical offices in, if any. How many years has the Applicant been in business? _________ List all of Your Websites. Include all URLs registered in Your name. If a description of Your products / services is not available on Your website(s), please include additional information (brochure, summary of products / services, etc.) when You submit the application. You are also welcome to include any other information You think may help Us understand what You do. Desired limit of liability: $250,000 $500,000 $1,000,000 $5,000,000 $ Desired Retention: $2,500 $5,000 $10,000 $25,000 $50,000 $100,000 $ FS 00 H001 00 06 16 / HK 00 02 06 16© 2016, The Hartford Page 1 of 15
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Page 1: FailSafe Enterprise Liability Expense Application€¦  · Web view( Check (() all items that are elements of Your quality control & customer support programs, if applicable. Check

This application is for a Claims Made Policy.Name of Insurer      

Release 4.2

Agent Name:       Agent License Number:

     

The BasicsThe words You, Your and Yours in this application means all of the following: the entity indicated in question below (the “Applicant”); all subsidiaries in which the Applicant has more than a 50% ownership interest; and all officers, directors, owners, partners and employees of the aforementioned entities. The words We, Us and Our means the Insurer named above.

Name of Applicant (use the complete legal entity name as it should appear on the policy)      

Please list all subsidiaries of the Applicant             

Applicant’s Address (provide mailing & physical address if they’re not the same)              List foreign countries You have physical offices in, if any.      

How many years has the Applicant been in business? _________ List all of Your Websites. Include all URLs registered in Your name.

                              If a description of Your products / services is not available on Your website(s), please include additional information (brochure, summary of products / services, etc.) when You submit the application. You are also welcome to include any other information You think may help Us understand what You do.

Desired limit of liability: $250,000 $500,000 $1,000,000 $5,000,000 $     Desired Retention: $2,500 $5,000 $10,000 $25,000 $50,000 $100,000 $    

If the Applicant currently has Errors & Omissions (E&O) insurance with a Company other than the Hartford, please provide:

Limit of Liability

$        Expiration Date       

Deductible/SIR $        Retroactive Date        First Party Limit(s)

$        First Party Deductible / SIR

$       

Premium $        Insurance Company        Is this Your first time purchasing this coverage? Yes No Are You purchasing or seeking to purchase E&O insurance to comply with a Contract requirement?

Yes NoIf Yes, please provide a complete copy of contract, including Statements of Work and annual revenue expectations for such contract.

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Have You acquired or merged with any companies in the past 3 Years? Yes NoIf Yes, please provide the name of each company and the applicable date of acquisition / merger.                    

EXPENSE AND CLAIMS MADE DISCLOSUREThis application is for a claims first made policy. Please contact Your agent or broker if You have any questions. The policy, if issued, applies only to claims when the wrongful act occurs on or after the retroactive date and before the end of the policy period, and the claim is first made against any of You during the policy period. An extended reporting period may also be available.

Covered claims expenses and damages within the retention amount must be paid by You and do not reduce Limits of Liability. Covered claim expenses and damages above the retention amount are payable under the policy, and may reduce, and may completely exhaust the limits of liability. We shall not be liable for claims expenses or damages after exhaustion of the applicable Limit of Liability.

The Money Please confirm the Applicant’s Fiscal Year

End Date:      /       /      

Please provide the revenue and expense information for Your operations as requested below:DomesticRevenues

ForeignRevenues

TotalRevenues

TotalOperating Expenses

Actual Prior Year                            

Projected Current Year                            

Projected Next Year                            

If Your financials are not available on Your Website(s), please include Your Income Statement and Current Balance Sheet for the most recently completed fiscal year and the current Year To Date when You submit this application.

What You Do Please provide a detailed description of Your products / services:                     Please provide the percentage of revenue attributable to the following activities for Your company:Hardware Products / Services:       % Manufacturing / Design of Hardware Products / Components for Others       % Resale of Hardware Products / Components Manufactured by Others       % Installation / Integration / Maintenance of Hardware Products Manufactured by OthersSoftware Products / Services:       % Prepackaged Software Development and Sales       % Custom Programming & Software Development Services       % Software Installation / Integration / Maintenance Services for Software Products of Others       % Application Service Provider (ASP) Services / Software as a Service (SaaS)       % Website Design Services

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Communication / Connectivity Services:       % Internet Access / Website & Data Hosting / IT Connectivity Services / Infrastructure as a

Service (IaaS)       % Telecommunication Services (wire-line, wireless, VoIP, local/long distance telephone services)       % Internet Search Engine, Website Portal, or Social Networking ServicesOther Information Technology Services:       % IT Networking, Systems Management, & Systems Outsourcing Services       % Information Security Services (network vulnerability & penetration testing; intrusion detection

services, etc)       % IT Consulting Services (strictly providing advice and direction on information technology)       % IT Staffing Services (Please indicate % of: Time & Materials Work       %

Project/Deliverables/Turnkey Work       %)       % Other IT Services (Please describe):  

     Non-Technology Products / Services: (accounting, architectural, engineering, legal, medical, insurance, etc.)       % (Please describe):  

    

Who You Do It For Please provide the percentage of Your revenue attributable to the following industries:

      %

Federal Government (Prime Contractor and/or Subcontractor)

      %

Aerospace / Aircraft / Aviation

      %

Local / State Government (Prime Contractor and/or Subcontractor)

      %

Banking / Investment / Financial Services

      %

Biotechnology / Life Science / Pharmaceutical / Renewable Energy

      %

Insurance

      %

Medical / Healthcare       %

Manufacturing / Industrial

      %

Entertainment / Broadcasting / Gaming       %

Law Firms / Accounting Firms

      %

Information Technology / Telecommunications

      %

Other (Please describe):    

What It Does Please provide a detailed description of the applicable end use(s) of Your products / services for

Your customers:                     Please provide the percentage of revenue attributable to the following end use(s) of Your products /

services:

      % Medical Purposes (diagnostics, patient care / treatment, non-administrative medical applications, etc.)

      % Aerospace Applications (flight control, guidance systems, aircraft tracking and warning systems, etc.)

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      % Defense / Military Applications (warfare, weapon & targeting systems; non-administrative military applications, etc.)

      % Training & Education Purposes (products / services used to train/educate others on information technology products)

      % Fire / Physical Security / Emergency Applications       % Information and Computer Systems Security Advice / Products       % Network / Systems Administration       % Business Intelligence / Data Management       % Communication Applications (voice / data / internet connectivity technologies)       % Financial Transaction Applications (funds transfer, trading, financial modeling, credit card

transactions, etc.)       % Accounting / Financial Applications (excluding those indicated as Financial Transactions

above)       % Administrative Applications (sales, marketing, billing, human resources, etc.)       % Physical Process / Manufacturing Process Controls (robotics, automation, PLC, CAM, CAE,

etc.)       % Multi-media / Gaming Applications       % Social Media / Social Networking       % Other (Please describe):              

Your Team Composition of Your work force:

     # of principals, partners, directors and officers       # of clerical / support personnel     # of technical personnel       # of sales and marketing

personnel     # of independent contractors performing services

on Your behalf      # of Other

           

Total # for all categories listed above% of personnel that work in remote locations Please describe:             

      Average years of experience for technical staff and subcontractors Do You subcontract any activity involved in the research, development, distribution and sale of Your

products/services? Yes No If Yes, please answer a. & b. below

a. Do You require subcontractors to maintain Errors or Omissions Coverage? Yes Nob. Identify services You subcontract & how You ensure the quality of these services.             

What Could Go Wrong? Please describe the most likely scenario if Your product / service failed:                     How many users would be affected if Your product / service failed? 1-10 10-100 Over 100

What is the acceptable downtime for Your product / service according to Your average customer’s needs? None Less than 1 day Less than 2 days More than 2 days

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Do You warrant or guarantee any standards of performance for Your products/services? (i.e. no service interruptions, delivery / completion time frames, volume of transactions, etc.) Yes No If Yes, please describe:             

Do You ever warrant or guarantee that Your product / service has no security vulnerabilities or that Your service will prevent security breaches, the introduction/transfer of malicious code, etc.? Yes

No If Yes, please describe:             

Contractual Risk Management & Customer Support Please indicate the estimated percentage of time You utilize the following in Your engagements with

customers:       %

Your Standard Customer Contract with no Modifications (please provide copy with application)

      %

Your Standard Customer Contract with Modifications (not including pricing modification)

      %

Customer Provided Contract with no Modifications

      %

Customer Provided Contract with Modifications

      %

No contractual agreement with Your customer

The following provisions, when negotiated in Your favor, can offer clarity & insulation in the event of a dispute. Which of the following provisions do You include, in Your favor, in Your standard contracts / agreements with customers? (check all that apply)

Liability Disclaimer of Consequential Damages Disclaimer of Warranty - General

Limitation of Liability – Damages Cap Disclaimer of Warranty for Security of Clients’ Systems

Do You ever negotiate contracts with a customer where You are liable for consequential, liquidated, multiplied, or punitive damages? Yes No If Yes, please indicate how often and under what circumstances.             

Do You ever negotiate contracts with a customer where Your liability is not explicitly limited within the agreement?

Yes No If Yes, please indicate how often and describe these situations.             

How many customers do You currently have?        What is Your customer growth rate?       %What is the size & length of Your average customer contract?

$              Months       Years

What is the size & length of Your largest customer contract?

$              Months       Years

Name of largest customer & detailed description of work performed. Please provide copy of contract        

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     Check () all items that are elements of Your quality control & customer support programs,

if applicable. Check all that apply. Written & formalized quality control

program Customer signature on each phase of project

and change-order Recall Plan Formal customer acceptance procedures Formal Customer Notification / Escalation

Procedures Dedicated Customer Service Support M-F

24/7

IT Operations, Privacy & Security Do You or a 3rd Party on Your behalf: collect, control, or store sensitive information of others?

Yes NoIf yes, please check all that apply and provide approximate number of records.

Social Security Numbers:

________ Healthcare Records: ________

Payment Card Information:

________ Medical Identification Information:

________

Drivers’ License Numbers:

________ Credit Rating Information: ________

Financial Account Numbers:

________ User Names and Passwords:

________

Biometric Data: ________ Other Government ID Numbers:

________

Other: ____________________

________

What % of the above are records within Your care, custody & control?       % With a 3rd Party on Your behalf?       %What % of the above are records of employees and / or individual independent contractors?       %What are Your purging timelines and procedures (for records no longer in use)?  Please confirm whether Your procedures include permanently erasing or destroying the data using a technique that leaves no residual data.             

Privacy Policies / Procedures / Controls:a. Do You have a corporate privacy policy for handling confidential / sensitive information? Yes

Nob. Do You train employees on handling of sensitive information? Yes No How often?       c. For sensitive information indicated above, is information collected with authorization of those

whose information is being collected (e.g. in the form of an opt-in agreement)? Yes No If Yes, on what basis? Opt-in Opt-out

Please indicate the operation(s) outsourced and the name of the third party vendor(s)?Outsourced Service Vendor Outsourced Service Vendor

Network Operations/Data Center

             Data Storage/Back-up/Recovery

            

Hosting: Corporate Applications

             Network Security Services

            

Hosting: Customer Applications

             Other                               

Do Your contracts with these third parties specify privacy and security requirements and responsibilities? Yes NoDo these third parties indemnify You for damages & losses, including notification costs, arising from data breach? Yes No

Please check () all IT Risk Management elements implemented by You or 3rd Party holding sensitive information on Your behalf:Data Protection

Inventory of Authorized / Unauthorized Devices & Software You 3rd

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Party Encryption of Data at rest & in motion on desktops, laptops, mobile equipment

& servers You 3rd

Party Continuous Vulnerability Assessment / Remediation, Patch Management &

Intrusion Detection You 3rd

Party Maintenance, Monitoring & Analysis of Audit Logs You 3rd

Party Email & Web Protections (e.g. Monitoring Data Outflows / Incoming

Attachments / URL Filters) You 3rd

Party Multi-Factor Authentication You 3rd

Party Database and Network Segmentation You 3rd

Party Active Management of Security Configurations for Firewalls, Routers, Switches

& Devices You 3rd

Party Anti-malware Software Automation You 3rd

Party Practiced Security Breach Response Plan You 3rd

Party Periodic Security Audits including Penetration Testing by 3rd Parties You 3rd

PartyEmployee Access Management

Employee Security Skills, Awareness, & Assessment / Training You 3rd Party

Secure Remote Access Capabilities ( e.g. VPN) You 3rd Party

Controlled Use of Administrative Privileges & Access to Sensitive Data You 3rd Party

Procedure for Departed Employees / 3rd Parties (e.g. immediate termination of accounts & access)

You 3rd Party

Business Income Loss & Data RestorationDo You have an alternative processing site to maintain uptime & business function? Yes NoDo You have an alternative storage site that maintains duplicate copies of operating systems, app software, and data? Yes NoPlease indicate the type and frequency of backup procedures You have in place:

Type of Backup (check all that apply)

Frequency of Backup

Full Backup   Daily    Weekly    Monthly    Never Incremental Backup   Daily    Weekly    Monthly    Never Differential Backup   Daily    Weekly    Monthly    Never

What percentage of Your annual revenue is derived from e-Commerce / internet sales?      % Are You a Business Associate under HIPAA? Yes No Are You compliant with Payment Card Industry Data Security Standards? Yes No (Please

provide copy of compliance report)What is Your Visa Merchant Level? 1 (6M+ transactions)    2 (1M to 6M transactions)    3 (20k to 1M transactions)    4 (<20k transactions)Approximately what percentage of Your revenue is from payment card transactions?      %

Client / 3rd Party System Security:Could Your products / services cause vulnerabilities for Your clients’ systems? Yes No How do You prevent such vulnerability?              What type of access do Your employees have to Your clients’ systems, and how do You monitor such activity?      

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       How do You prevent a hacker from accessing Your clients’ systems via any access points created by Your systems that interface with their system or network?             

Content / Intellectual Property Please indicate which of the formal intellectual property clearance procedures You have in place:

Legal review of content You disseminate including software and website information Trademark / copyright search for content You utilize Filing of copyrights / trademarks upon creation Contractual acquisition of rights to work done for You by 3rd Parties Compliance with agreements for products You license from others Indemnification for You by 3rd party content owners for intellectual property infringement Other:                

           Does Your software development process include thorough competitor analysis before validating a

software feature? Yes No

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Do You have a formal policy on action steps necessary to address complaints of inaccurate, defamatory, infringing or troublesome content within Your products, work, media activities or other content You have designed or have responsibility for? Yes No If Yes, what is Your response time frame? Less than 1 day 1 to 7 days More than 1 week

Do You require signed statements from employees and independent contractors declaring that they: Do You have access to or responsibility for corporate confidential information of others? Yes

No If Yes, please explain the type of information and the controls You have in place to ensure this information is protected.             

HistoryIf You answer Yes to any of the questions in this History section, We will want to know more. Please provide full details including any amounts sought or damages alleged; judgment / settlement amounts; defense expenses incurred; reserves; purchase or contract price involved; and a full description of the circumstances including what You are doing to make sure similar circumstances don’t happen again. Have any of Your customers:

complained about or alleged non-performance of Your services? complained that Your services failed to comply with Your promises, representations or

warranties? withheld or stopped payment to You because of an issue with Your services? requested a refund of their payment because of an issue with Your services?

Yes No If Yes to any of the above, please provide a detailed description:                                           

In the last 3 years are You or have You ever been late in the delivery of any of Your services or delayed in the performance of any of Your contracts? Yes No

Are You aware of any actual or alleged fact, circumstance, situation, error or omission or issue with Your content or services, including intellectual property, which may reasonably be expected to result in a claim being made against You? Yes No

Have You or any of Your predecessors in business, subsidiaries or affiliates or any of their past or present partners, owners, officers, sales persons or employees been investigated and / or cited by any regulatory agency for violations arising out of their activities?

Yes No Have any claims been made or suits / proceedings been brought during the past 5 years against You?

Yes No Any of Your predecessors in business? Yes No Any of Your affiliates? Yes No Any of Your past or present partners, owners, officers, sales persons or employees? Yes No

Have You sued anyone for non-payment? Yes No If Yes, please attach Your accounts receivable procedures.

Have You discontinued or ceased to support and / or maintain any services in the last 3 years? Yes NoIf Yes, have You had any complaints, disputes or threatened actions as a result? Yes No

Have You experienced a security breach or been informed that Your service has security vulnerabilities? Yes No

Have You been accused of a privacy violation in the past 5 years? Yes No Have You ever received notice that You infringe upon another party’s Intellectual Property Rights?

Yes NoFS 00 H001 00 06 16 / HK 00 02 06 16© 2016, The Hartford Page 9 of 12

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For Yes answers above, please provide full description of the circumstances including what You are doing to make sure similar circumstances do not happen again.                                                                                                                                             

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Before You sign this application, read items 1-2 below and the applicable attached warning information. If You have any questions, please contact Your agent or broker.

By signing this application, You agree that the answers You give in this application & any other information You give to Us as part of Your application process are: (a) accurate & complete; (b) given to Us to induce Us to issue You an insurance policy; (c) material to Our decisions in issuing You an insurance policy; & (d) what We relied upon in making Our decisions in issuing You an insurance policy.

By signing this application, You agree to tell Us immediately, in writing, if anything happens that would cause any of the information You gave Us in Your application to no longer be complete and/or accurate. And, You will continue to tell Us until the start date of any policy that We issue to You based on this application.

FRAUD WARNING STATEMENTSATTENTION ALABAMA, ARKANSAS, DISTRICT OF COLUMBIA, MARYLAND, RHODE ISLAND AND WEST VIRGINIA APPLICANTS: ANY PERSON WHO KNOWINGLY (OR WILLFULLY IN MARYLAND) PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY (OR WILLFULLY IN MARYLAND) PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON.

ATTENTION COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE, AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES.

ATTENTION FLORIDA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE.

ATTENTION KANSAS APPLICANTS: INSURANCE FRAUD IS A CRIMINAL OFFENSE IN KANSAS. A " FRAUDULENT INSURANCE ACT " MEANS AN ACT COMMITTED BY ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER, BROKER OR ANY AGENT THEREOF, ANY WRITTEN ELECTRONIC, ELECTRONIC IMPULSE, FACSIMILE, MAGNETIC, ORAL, OR TELEPHONIC COMMUNICATION OR STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING OF AN INSURANCE POLICY FOR PERSONAL OR COMMERCIAL INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEFIT PURSUANT TO AN INSURANCE POLICY FOR COMMERCIAL OR PERSONAL INSURANCE WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY FACT MATERIAL THERETO; OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO.

ATTENTION KENTUCKY, OHIO AND PENNSYLVANIA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES.

ATTENTION LOUISIANA, MAINE, TENNESSEE, VIRGINIA AND WASHINGTON APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES OR A DENIAL OF INSURANCE BENEFITS.

ATTENTION NEW MEXICO APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.

ATTENTION NEW HAMPSHIRE AND NEW JERSEY APPLICANTS: ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION TO THE BEST OF HER/HIS KNOWLEDGE ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES.

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ATTENTION OKLAHOMA APPLICANTS: WARNING, ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY.

ATTENTION OREGON APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD OR SOLICIT ANOTHER TO DEFRAUD AN INSURER: (1) BY SUBMITTING AN APPLICATION OR; (2) FILING A CLAIM CONTAINING A FALSE STATEMENT AS TO ANY MATERIAL FACT MAY BE VIOLATING STATE LAW.

ATTENTION NEW YORK APPLICANTS : ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.

THE UNDERSIGNED AUTHORIZED OFFICER OF THE APPLICANT DECLARES AND ACKNOWLEDGES THAT:- THE POLICY CONTAINS A DEFENSE WITHIN LIMITS PROVISION WHICH MEANS THAT DEFENSE COSTS WILL

REDUCE THE LIMIT OF LIABILITY AND MAY EXHAUST IT COMPLETELY AND SHOULD THAT OCCUR, THE INSURED SHALL BE LIABLE FOR ANY FURTHER LOSS, INCLUDING DEFENSE COSTS. IN ADDITION, DEFENSE COSTS ARE APPLIED AGAINST THE RETENTION.

- THE STATEMENTS SET FORTH HEREIN ARE TRUE AND COMPLETE. THE UNDERSIGNED AUTHORIZED OFFICER AGREES THAT IF THE INFORMATION SUPPLIED ON THIS APPLICATION CHANGES BETWEEN THE DATE OF THIS APPLICATION AND THE EFFECTIVE DATE OF THE INSURANCE, THE UNDERSIGNED WILL, IN ORDER FOR THE INFORMATION TO BE TRUE AND COMPLETE ON THE EFFECTIVE DATE OF THE INSURANCE, IMMEDIATELY NOTIFY THE INSURER OF SUCH CHANGES AND THE INSURER MAY WITHDRAW OR MODIFY ANY OUTSTANDING QUOTATIONS, AUTHORIZATIONS OR AGREEMENTS TO BIND THE INSURANCE2. THE “EFFECTIVE DATE” IS THE DATE THE COVERAGE IS BOUND OR THE FIRST DAY OF THE POLICY PERIOD, WHICHEVER IS LATER. SIGNING OF THIS APPLICATION DOES NOT BIND THE APPLICANT OR THE INSURER TO COMPLETE THE INSURANCE, BUT IT IS AGREED THAT THIS APPLICATION SHALL BE THE BASIS OF THE CONTRACT SHOULD A POLICY BE ISSUED AND IT WILL BE DEEMED ATTACHED TO AND BECOME A PART OF THE POLICY3. ALL WRITTEN STATEMENTS AND MATERIALS FURNISHED TO THE INSURER IN CONJUNCTION WITH THIS APPLICATION ARE HEREBY INCORPORATED BY REFERENCE INTO THIS APPLICATION AND MADE A PART HEREOF.

Applicable to risks FL, IA & NH

Applicant Signature and Date (Month/Day/Year) Agent Name:

Agent License Number (FL & NH Only)

Applicant Name and Title (print) Agent Address

Name of Entity and Phone Number Agent Signature and Date (FL & NH Only)

Application must be signed and dated by an owner, officer or partner.

1- In New Hampshire the truth and completeness shall be to the best of her/his knowledge.2- In Maine this sentence ends at the word “quotations.”3-The application shall actually attach in the following states: North Carolina

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