NYC Empire Insurance Company, Inc.
Jewelry Repair or Replacement Warranty Insurance Policy
POLICY NUMBER: NYCWAR-SERIAL NUMBER
- Inception Date: Date of Retail Purchase
- Termination Date: One year from date of retail purchase
LIMITS OF INSURANCE AND RETENTION
Per Loss Limit: Lesser of the retail price paid for your Gabriel item or $1,000,000
Aggregate Annual Limit: $1,000,000
ENDORSEMENTS ATTACHED TO THIS POLICY: None
Jurisdiction: This Policy has been applied for, negotiated and issued in Utah and, accordingly, subject to the exclusive jurisdiction of the Courts of Utah and shall be interpreted according to the laws of Utah.
In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy.
This policy contains restrictions and limitations. Please read this policy and all endorsements carefully to determine what is and what is not covered, as well as the rights and duties of the parties under this policy. This policy consists of Declarations, Insuring Agreements, Exclusions, Definitions and other terms and may also contain one or more Endorsements. Endorsements change the policy, and may be added or removed from time to time.
It is imperative that you review this entire policy carefully to determine rights, duties, and what is and is not covered under this policy since various provisions in this policy restrict coverage.
PLEASE REVIEW THIS POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR LEGAL OR INSURANCE ADVISOR
NYC Empire Insurance Company, Inc.
Jewelry Repair or Replacement Warranty Insurance Policy
Endorsements and schedules may also be part of this policy. They are identified on the declarations page. This coverage may be subject to the provisions of endorsements that are part of this policy.
Words and phrases that have special meaning are shown in quotation marks. The special meanings for these words and phrases are set forth in Definitions.
Throughout this Policy, the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we”, “us” and “our” refer to NYC Empire Insurance Company, Inc.
In return for “your” payment of the required premium, “we” provide the coverage described in this policy during the policy period subject to the policy “terms”. If “you” elect to pay the required premium through the installment payment plan, the required premium will include installment fees.
Please read your entire policy carefully
Article 1 Insuring Agreement
Subject to the provisions of this policy, “we”, NYC Empire Insurance Company, Inc., the Insurer, agree to pay “you”, the Insured named in the Declarations, the amount of any loss “you” may sustain for jewelry repair or replacement pursuant to the Warranty extended by “you” to “your” customers.
Article 2 Claims
- Covered Claims. Only claims made within the Period of Submission are covered by this policy. Claims for contracts which commence outside of the Policy Period or claims which are made beyond the Period for Submission are not covered by this policy.
- Period for Submission. Claims (including all available information) must be made within the Period of Submission which is during the policy period or within 30 days thereafter.
- Calculation of Loss. We will calculate your loss as being the amount “you” incur for repairs or replacement to customers’ jewelry items which have been submitted for repairs under the Warranty.
Article 3 Claims Limits
Each Insured Event Limit. Our responsibility to pay under any one claim submitted under the Warranty is limited to the amount shown as Per Loss Limit, under LIMITS OF INSURANCE AND RETENTION, A set forth in the Declarations.
TOTAL POLICY PERIOD LIMIT. Regardless of the number of claims, the maximum amount which we shall pay in respect to all claims which commence during the Policy Period shall be the amount shown as Aggregate Annual Limit, under LIMITS OF INSURANCE AND RETENTION, 1 and 2 set forth in the Declarations.
Article 4 Calculating Loss
- Insurable Interest – “We” do not cover more than “your” reasonable cost to repair or replace a jewelry item covered by the Warranty.
- Deductible – “We” pay only that part of “your” loss over the deductible amount indicated on the declarations page for each item in any one occurrence.
Article 5 Minimizing Loss
- Due Care and Diligence. “You” must use due care and diligence and take all practicable measures to prevent and minimize loss. This includes ensuring that all rights against the contract goods, services, buyers, suppliers and third parties are properly preserved and exercised.
- “You” must provide us with all information and documents that “we” may require.
- Failure to Comply. If “you” fail to comply with any of the provisions of this Article after we have made a payment, then “you” will be liable to refund the payment to “us” on demand.
- Protect the Covered Property – “You” must take all reasonable steps to protect or recover the “covered property” at and after a loss has occurred to avoid further loss.
- Cooperation – “You” must cooperate with “us” in performing all acts that are required by this policy.
Article 6 Withdrawal of Coverage
- Withdrawal by Us. “We” may at any time and for any reason by sixty (60) days written notice to “you” cancel coverage for any contract for which coverage has not yet commenced.
Article 7 Assignment of Rights
- Assignment of Policy Rights. “You” cannot assign or transfer this policy or any of its benefits without “our” prior written consent. “You” may, however, require claim payments to be made to a named loss payee, although “your” obligations under the policy remain unaffected.
Article 8 Various Provisions
- Misrepresentations or Fraudulent Acts. Any misrepresentation, whether fraudulent or otherwise, or fraudulent conduct on “your” part (or on the part of any other person who has a legal or beneficial interest in this policy or its proceeds) in relation to this policy (including the Application), to any claim under it, or to any contract to which this policy applies, will render the policy void, but we will retain any premium paid, and “you” will be liable to refund to us any payment “we” may have made under the policy.
- Set Off. “We” have the right to apply any amount payable under this policy in or toward payment of any amount owing from “you” to “us” (paying interest before principal) whether under this policy or otherwise.
- Relevant Law. This policy shall be governed by and construed in accordance with the laws of the State of Utah.
- All disputes arising under or in connection with this policy shall be exclusively to arbitration in Delaware unless otherwise agreed by “you” and “us”.
- Policy Period – “We” pay for a covered loss that occurs during the Policy Period, under POLICY PERIOD, A and B, set forth in the Declarations.
Article 9 Exclusions
- “We” do not cover contraband, or property in the course of illegal transportation or trade.
- Import and Export Licenses. We shall not be liable for any loss “you” may sustain where there has been a failure to obtain any import or export license or other authorization necessary for the performance of the contract or where performance of the contract would contravene any exchange control regulation. However, this exclusion shall not apply where the necessity arose or exchange control regulation came into force after the date on which the contract becomes covered under this policy.
- Civil Authority – “We” do not pay for loss caused by order of civil authority, including seizure, confiscation, destruction, or quarantine of “covered property”.”We” do cover loss resulting from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded under this coverage.
- Intentional Acts – “We” do not pay or loss that results from any act committed with the intent to cause a loss: (a) by you, alone or in collusion with another; or (b) at “your” direction.
This exclusion applies even with respect to an “insured” who was not involved in the commission or direction of the act that caused the loss.
5. War And Military Action – “We” do not pay for loss caused by:
(a)war, including undeclared or civil war;
(b)warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; orinsurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
(c) insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
With respect to any action that comes within the “terms” of this exclusion and involves nuclear reaction, radiation, or radioactive contamination, this War and Military Action exclusion supersedes the Nuclear Hazard exclusion.
Discharge of a nuclear weapon is deemed a warlike action even if it is accidental.
6. Repair or attempt at repair made by someone other than Named Insured or authorized party.
7. Voluntary Parting – “We” do not pay for loss caused by or resulting from voluntary parting with title to or possession of any jewelry item because of:
(a) the acceptance of:
- counterfeit money or fraudulent money orders;
- checks or promissory notes which are not paid upon presentation;
- credit cards that are illegally obtained and/or used; or any other fraudulent scheme, trick, or false pretense.
- Shipping Damage – Any damage caused to jewelry item(s) during shipping of product is not covered.
Article 10 Definitions
- “Coinsurance” means the percentage specified in the Declarations multiplied by the loss claimed.
- Policy Period. “Policy Period” shall mean the period the policy is in effect as set out in the Declarations or as shortened by an earlier termination under Article 6. Risks shall attach in respect to those contracts or parts of contracts for which coverage commences during the Policy Period.
- “Recoveries” means all sums whatsoever, received or realized whether by you, by some person acting on your behalf for claims.
- The Warranty extended by you to your customers for jewelry repair or replacement.
In WITNESS WHEREOF, the NYC Empire Insurance Company, Inc. has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned in the Declarations by one of its duly authorized representatives.