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Terms & Conditions

I agree that I am the applicant or an authorized representative of the applicant and represents that reasonable inquiry has been made to obtain the answers to questions on this application. I agree that I fully read and understand the terms of this application. I certify and represent that the answers are true, correct and complete to the best of my knowledge. I understand and agree that the answers on this application are material to any issuance of an insurance policy and that any false, incorrect or incomplete answer may render the policy void.

Claims Made Coverage Basis

This is a claims made policy as is industry standard for ${app.LobFriendlyName} insurance.  Coverage applies only to those Claims that are first made during the Policy Period and any Extended Reporting Period, if applicable. Coverage does not apply to any wrongful act committed before the Retroactive Date stated in the policy.

For NY policyholders:

The rates for claims made policies are lower than occurrence policies due to the Retroactive date restricting the period of wrongful acts that may be covered. As the policy renews the period of wrongful acts that may be covered will typically increase resulting in potentially large rate increases from year to year. If your policy is canceled or non-renewed other than non-payment of premium, retention, or your failing to comply with policy provisions then you have an option to choose an Extended Reporting Period. This allows claims to be reported after the policy expiration date for wrongful acts that occurred between the Retroactive Date and the policy expiration date. You have the following options and premium charges:

  • One Year
  • Two Years
  • Three Years
  • Four Years
  • Five Years or more*
  • Up to 100% of total premium
  • Up to 150% of total premium
  • Up to 200% of total premium
  • Up to 225% of total premium
  • Up to 250% of total premium

*May be unlimited in certain situations

Claim Expense

Claim Expense is included in the Limit of Insurance and Retention*. The Limit of Liability available to pay Damages shall be reduced and may be totally exhausted** by amounts incurred as Claim Expense. Claim Expense includes costs to defend claims.

* Not applicable in Montana and Vermont.

** Not applicable in New York, the Limit of Liability available to pay Damages shall be reduced and may be totally exhausted** by amounts incurred as Claim Expense.

Personal Information

Personal information about you, including information from a credit or other investigative report, may be collected from persons other than you in connection with this application for insurance and subsequent amendments and renewals. Such information as well as other personal and privileged information collected by us or our agents may in certain circumstances be disclosed to third parties without your authorization. Credit scoring information may be used to help determine either your eligibility for insurance or the premium you will be charged. We may use a third party in connection with the development of your score. You may have the right to review your personal information in our files and request correction of any inaccuracies. You may also have the right to request in writing that we consider extraordinary life circumstances in connection with the development of your credit score. These rights may be limited in some states. Please contact your agent or broker to learn how these rights may apply in your state or for instructions on how to submit a request to us for a more detailed description of your rights and our practices regarding personal information. (not applicable in AZ, CA, DE, KS, MA, MN, ND, NY, or, VA, or WV.)

Cancellation

A portion of your down payment (amount varies by state) that's calculated to cover our costs of issuing policies may be non-refundable once your policy has been in effect for one day.

If you cancel the policy, the premium earned prior to cancellation will be increased (multiplied by a factor to determine the short rate penalty premium). The charge will be no higher than 10% of the unearned premium. This factor applies if you cancel the first day of your policy period.

If a check is returned due to insufficient funds, a fee will be assessed. Payments received after the due date may be subject to a late fee and policy cancellation.

Recurring Direct Draft Program

The biBERK Recurring Direct Draft Program (“Direct Draft”) may be offered to certain customers. If you select to enroll in Direct Draft, you must agree that the following Direct Draft terms apply. After enrolling in Direct Draft, we will automatically deduct payment when it is due. We will continue to send you Billing Statements as a courtesy, but cannot guarantee that you will receive any specific notice, or that notices will arrive prior to the date that the direct draft is made. Enrollment in Direct Draft does not change your obligations to make payments under the policy terms. By enrolling in Direct Draft, you also agree that Direct Draft will renew automatically if you renew your policy. You may rescind Direct Draft at any time by emailing customerservice@biberk.com.

AutoPay - Recurring Credit Card Program

By enrolling in AutoPay by clicking the Purchase button on the payment page, you agree to allow biBERK to automatically debit future insurance payments from your account. You also agree to allow your financial institution to debit your account for these payments, and you understand changes to your policy or premium may change the amount debited. You can discontinue automatic insurance payments at any time by calling us at 844-472-0967.

Payment Schedule

Your payment schedule (dates and amounts) may change if your policy is endorsed, refinanced, cancelled/reinstated, or if there are other changes to your policy. Holidays and closures may also change dates. To confirm the date and amount of your next payment, you can always call 844-472-0967.

State Specific Terms & Conditions

Arizona

As described in Arizona revised statute 20-2104(d), a credit report or other investigative report about you may be requested in connection with this application for insurance. Any information which we have or may obtain about you or other individuals listed as policyholders on our policy will be treated confidentially. However, this information, as well as other personal or privileged information subsequently collected, may under certain circumstances, be disclosed without prior authorization to non-affiliated third parties. We may also share such information with affiliated companies for such purposes as claims handling, servicing, underwriting and insurance marketing. You have the right to see personal information collected about you, and you have the right to correct any information which may be wrong. Also, pursuant to Arizona revised statute 20-2104(c), if you are interested in obtaining a complete description of information practices, and your rights regarding information we collect, please write us at the address provided with your policy.

California

This authorization shall expire one year from the date you signed the authorization.

For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

Massachusetts

Credit scoring information may be used to determine your eligibility for insurance but not for rating purposes.

Minnesota

I, the undersigned, hereby authorize my agent named in this application, if any, and/or the underwriting department of the insurance company named in this application to collect credit-related and other information about me from the following types of organizations: credit bureaus and other organizations providing personal or privileged information. I understand this information will be used for the purpose of making underwriting decisions in connection with the insurance for which I have applied, sought reinstatement or requested a change in benefits. These decisions may include determinations to grant or deny me coverage and/or the rates I will be charged. I also understand that I have the right to request in writing that extraordinary life circumstances be considered in connection with the development of my credit score.

Oregon

In connection with my application for insurance to the company shown above, I hereby authorized you to collect and disclose personal, privileged information, about me, by and to consumer reporting agencies, your authorized representatives, assignees, agents and affiliates. The information collected and disclosed extends to my credit standing, credit worthiness, credit capacity, personal characteristics and mode of living. I understand that credit scoring information may be used to either determine my eligibility for insurance or the premium I will be charged. Credit scoring cannot be used for renewals unless requested by the insured. I understand that I am entitled to receive a copy of this authorization and, upon request, a record of any subsequent disclosures of personal or privileged information that must include the name, mailing address ad institutional affiliation of the party to which the information was disclosed as well as the date of the disclosure, and to the extent practicable, a description of the information being disclosed.

Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law.

Alabama, Arkansas, District of Columbia, Louisiana, Maryland, New Mexico, Rhode Island and West Virginia

Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

* Applies in Maryland Only
Colorado

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 policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder 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.

Florida and Oklahoma

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)*.

* Applies in Florida Only
Kansas

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 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 commits a fraudulent insurance act.

Kentucky, New York, Ohio and Pennsylvania

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 (not to exceed five thousand dollars and the stated value of the claim for each such violation)*.

* Applies in New York Only
Maine, Tennessee, Virginia and Washington

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 and denial of insurance benefits.

*Applies in Maine Only
New Jersey

Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

Utah

Any person who knowingly presents false or fraudulent underwriting information, files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits, or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison.

Vermont

Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.