We greatly appreciate your business. Please read this Agreement carefully.
As used in this Terms and Conditions Agreement ("Agreement"), "we," "us," and "our" refer to Esurance Property and Casualty Insurance Company (herein referred to as "Esurance"). "You" and "your" refer to the named insured(s) identified in the application for insurance ("Application"), and any spouse or registered domestic partner of the named insured who resides in the same household. "Insurance Policy Documents" collectively refers to your Application, this Agreement, and all forms, endorsements, and notices issued to you by us, which we are required by law to provide you in writing.
By accepting our renewal offer, you: (i) agree to all of the terms and conditions contained herein; (ii) declare that your Declarations Page is accurate and reflects your desired coverage selections and coverage limits; (iii) declare that you have listed all drivers in your household, including any regular or frequent operators of the vehicle(s) listed in the Declarations Page; (iv) declare that you have described any business or commercial use of your vehicle(s); and (v) agree that, subject to applicable law, coverage will not continue if your financial institution does not honor, or we do not receive your premium payment.
Disclosure of Fees
You may be charged an Installment Fee, as allowed by your state, if you elect to pay your premium in installments.
Finance Company Notification Service Fee
You may be charged a nonrefundable Finance Company Notification Service Fee of $3.00 for each financed or leased vehicle listed on the Declarations Page.
Late Payment Fee
You may be charged a Late Payment Fee of $15.00 for each payment that is not received by the payment due date.
Non-Sufficient Funds Fee
You may be charged a Non-Sufficient Funds Fee of $25.00 for any payment that is not honored because insufficient funds are available in the account on which the payment was drawn.
Driver Filing Fee
You may be charged a Driver Filing Fee of $25.00 for each driver who requires a proof of financial responsibility filing.
Driver Exclusion Fee
You may be charged a Driver Exclusion Fee of $25.00 if a driver is excluded from your Policy upon your request.
You may be charged a Reinstatement Fee of $25.00 if your Policy is canceled and subsequently reinstated.
You may be charged a Cancellation Fee of $50.00 if you cancel your Policy for any reason or if we cancel your Policy due to your failure to pay any premium when due.
Paper Documents Fee
You may be charged a Paper Documents Fee for electing to receive paper copies of Insurance Policy Documents that we would otherwise provide to you electronically. The current Paper Documents Fee in Pennsylvania is $25.00.
You will be charged for fees as required by your state.
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Cancellation for Non-Payment of Premium
To keep your Policy current and avoid cancellation, your payment must be received by its due date. We do not accept partial payments of the invoiced amount. If your full payment for the invoiced amount is not received by the due date, a Late Payment Fee will be charged to your account. Any unpaid premium may result in the cancellation of your Policy. If a cancellation notice is generated, you will be charged a Cancellation Fee and a cancellation notice will be mailed to the address shown on your Policy.
Release of Information Contained in Devices
If your insured vehicle is equipped with an Event Data Recorder, mileage verification device, or any similar device capable of providing information relevant to the rating of your Policy or settlement of a claim, you hereby consent to the release of information from that device to us and to any persons or entities working with us, subject to any applicable state law. You also agree to fully cooperate with us when dealing with any third party to facilitate the timely release of information contained on the device to us.
Notice of Insurance Practices and Use of Consumer Reports
Personal information about you may be collected from persons other than you. Such information, as well as other personal and privileged information collected by us or our agents, may, in certain circumstances and as permitted by law, be disclosed to third parties. You have the right to review your personal information in our files and request the correction of any inaccuracies. More information about your rights and our practices regarding your personal information is available upon request. Please contact us for more information.
In order to evaluate your eligibility for insurance coverage with us and to determine the correct premium to charge you, we order one or more reports provided by independent consumer reporting agencies. These reports are necessary to verify information that you have provided us. Examples of reports include, but are not limited to, a Motor Vehicle Report (MVR), an insurance claim history report, and, where allowed by law, an insurance score based on information contained in your credit report. We may use a third party in connection with the development of your insurance score. All reports are impartial statements of fact and are kept strictly confidential. The information we obtain will be used only for business purposes and to ensure that each applicant is evaluated fairly. Future reports may also be used for an update, renewal, extension, cancellation, or non-renewal of your insurance coverage. Upon request, we will provide you with the name, address, and telephone number of any consumer reporting agency that furnishes us with your report.
We will review your credit history when we are legally required to do so, or you may request a review once for every six-month policy term. Any adjustment in premium made pursuant to a change in your credit history will be reflected on your next renewal offer.
Electronic Transactions Agreement
Esurance is an online company and we generally conduct business through our Web site and via email. We will, from time to time, send information electronically and post documents to customers' online accounts.
Although we primarily conduct business electronically, Esurance is required by law to provide you with certain information in writing; however, with your consent we can provide information and documents to you electronically instead, including your Insurance Policy Documents. If you consent, you will receive all of your Insurance Policy Documents from us electronically, to the extent permitted by law. Insurance Policy Documents in electronic format will have the same contractual force and effect as Insurance Policy Documents in paper format. We reserve the right, in our sole discretion, to provide any Insurance Policy Document to you in paper form instead.
If you consented to receiving Insurance Policy Documents electronically, you may withdraw your consent at any time and begin receiving Insurance Policy Documents in paper format. In addition, you may request paper copies of your Insurance Policy Documents at any time. If you elect to receive paper copies of Insurance Policy Documents, you may, at any time, request and consent to receiving Insurance Policy Documents electronically. Please call us at 1-800-ESURANCE (1-800-378-7262) for any such withdrawals or requests, as well as to change the email address or other contact information that Esurance has on file for you.
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If you consent to receive Insurance Policy Documents electronically, you must have: (i) a computer capable of connecting to the internet; (ii) an internet service provider; (iii) a browser capable of viewing our web site; (iv) an email service account that allows you to read, write, and send email; (v) an active email address, and (vi) the ability to use hyperlinks to access other web sites (collectively referred to as the "Technical Requirements"). You must have the Technical Requirements to download, display, print, and retain Insurance Policy Documents in Adobe Portable Display Format. Once you purchase your Policy, you will be given the opportunity to download a free copy of Adobe Reader so that you can view Insurance Policy Documents in Adobe Portable Display Format. If you do not have the Technical Requirements, you cannot receive Insurance Policy Documents electronically.
If you previously consented to receive electronic documents, by renewing your policy you are confirming that you: (i) agree to use email or your online account to make payments, changes, renew your Policy, and send to us and receive from us communications related to your Policy; (ii) agree to accept all Insurance Policy Documents electronically in lieu of delivery by U.S. Mail or other physical delivery method; provided, however, that we may deliver certain Insurance Policy Documents in paper format via U.S. Mail; (iii) agree that if you electronically signed the Application, that your electronic signature, serves as and replaces the need for your physical signature for this and all future transactions in connection with your Policy and Insurance Policy Documents, except as otherwise required by law; and (iv) have the Technical Requirements described above, if you elected to receive electronic documents.
If you previously requested to receive documents in paper format, by renewing your policy you are confirming that you: (i) understand that you will have to call Esurance at 1-800-ESURANCE (1-800-378-7262) to make any changes or updates regarding your Policy; (ii) understand and acknowledge that you will be charged a Paper Documents Fee, as disclosed in the Disclosure of Fees section of this Agreement; and (iii) acknowledge that you have the option of electing to receive documents electronically as specified in the Electronic Transactions Agreement above.
Accessing Your Online Account
To access your online account, go to www.esurance.com and log in to your account with the email address and password you provided when you created or updated your account. Your Insurance Policy Documents will be accessible through your online account. To print any of your Insurance Policy Documents from your online account, click the "print" button located on the page or in your browser frame. To download and save any of your Insurance Policy Documents to your computer, open the insurance policy document by clicking on its hyperlink or icon and follow Adobe Reader's directions for downloading and saving documents.
Cell Phone Policy
You agree that you are providing your express consent to receive calls and text messages on your cellular telephone, and on any other device on which you may receive calls or text messages, from Esurance, its agents, affiliates and service providers that are placed using an automatic telephone dialing system or using artificial or prerecorded voice messages.
Updating Your Contact Information
You must notify us of any changes to your email address, mailing address, or telephone number by updating your online account with your new contact information, calling our customer service center at 1-800-ESURANCE (1-800-378-7262), or by sending an email to email@example.com.
ADDITIONAL STATE-REQUIRED INFORMATION
Pennsylvania requires that we provide you with the following information.
NOTICE OF TORT OPTIONS
The laws of the Commonwealth of Pennsylvania give you the right to choose either of the following tort options:
"Limited Tort" Option -- This form of insurance limits your right and the rights of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this Policy may seek recovery for all medical and other out-of-pocket expenses, but not pain and suffering or other non-monetary damages, unless the injuries suffered fall within the definition of "serious injury" as set forth in the Policy, or unless other exceptions noted in the Policy applies.
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"Full Tort" Option -- This form of insurance allows you to maintain an unrestricted right for yourself and other members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this Policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering or other non-monetary damages as a result of the injuries caused by other drivers.
If you wish to change the tort option that currently applies to your Policy, you must notify us and request and complete the appropriate form.
PENNSYLVANIA SURCHARGE DISCLOSURE STATEMENT
In compliance with 75 Pa. C.S. Section 1793(b), we provide this surcharge disclosure plan to explain our system of driving record points. This statement provides an overview, and more detailed information is available upon request.
Driving record points are assigned to operators for chargeable accidents and violations. All accidents and violations occurring in the 36-month period prior to policy inception are considered in developing a driver's policy premium. If a driver is added mid-term, accidents and violations will be charged for the entire 36-month period prior to the driver being added to the policy.
Point surcharges follow the driver. To determine if the accident or violation took place in the chargeable period, we use the occurrence date instead of the conviction date. We charge for accidents and violations occurring while a driver is operating a private passenger automobile, commercial vehicle, motorcycle, or recreational vehicle.
Accidents. We assess a surcharge of approximately 38% for each at-fault accident charged to an operator. Accidents are chargeable if, as a result of the accident(s), the insurer incurs over $1,550 in aggregate losses in excess of any deductible for personal injury or damage to property, including the insured's. If the insured can demonstrate that any of the facts of loss described in 31 Pa. Code Section 67.33 (non-chargeable accidents) apply to an accident, the accident will not be charged to the operator.
Minor Violations. We assess a surcharge of approximately 30% for the second and each subsequent conviction of routine traffic infractions like speeding or failure to yield. Most of these infractions are listed in 75 Pa. C.S. Section 1535.
Major Violations. We assess a surcharge of approximately 34% for each conviction of a violation which suggests the presence of a materially increased risk in a motorist. Such major violations include vehicular homicide, leaving the scene of an accident involving death or injury, or fleeing a police officer.
Driving While Intoxicated. We assess a surcharge of approximately 20% for each Driving While Intoxicated infraction for conviction under Section 3731 (Driving under the influence of alcohol or controlled substance), notice of Section 1534 (Acceptance of Accelerated Rehabilitative Disposition), or any similar infraction.
Late Payment Activity. We assess a surcharge of approximately 15% at renewal when there have been one or more instances of late payment activity for the prior term. This surcharge will apply for a period of 24 months.
Inexperienced Operator. We assess a surcharge of approximately 5-20% when an inexperienced operator is listed on the policy. The amount of the surcharge is reduced for each additional year of driving experience. This surcharge does not apply to drivers with at least 3 years of driving experience.
New Jersey/New York Commute. We assess a surcharge for vehicles used to commute to New Jersey or New York.
Business Use Surcharge. A surcharge applies to all applicable coverages for any vehicle classified as a business use.
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FRAUDULENT INFORMATION STATEMENT
It is unlawful to knowingly provide false, incomplete, or misleading facts and 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 person who knowingly and with intent to injure or defraud any insurer, files an application or claim containing false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000.
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