We greatly appreciate your business. Please read this Terms and Conditions Agreement (this "Agreement") carefully.
As used in this 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 Declarations Page ("Declarations Page"), and any spouse of the named insured who resides in the same household. "Insurance Policy Documents" collectively refers to your original application, this Agreement, and all forms, endorsements, and notices issued to you by us, including any electronic communications.
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 no coverage will be bound if your financial institution does not honor, or we do not receive, your 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.
Driving Device Restocking Fee
You may be charged a Driving Device Restocking Fee of $100.00 for each device when the device(s) is/are not returned following policy cancellation or opting out of the DriveSense™ Discount program.
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.
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.
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
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.
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.
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.
The Electronic Signatures in Global and National Commerce Act of 2000 requires us to ask you for your consent to electronic
transactions, including providing you with Insurance Policy Documents electronically. If you have provided this consent
to us previously, and have not withdrawn such consent, you will continue to receive all of your Insurance Policy Documents
from us electronically, as permitted by law. Insurance Policy Documents in electronic format will have the same contractual
force and effect as Insurance Policy Documents in paper format.
If you consent to electronic transactions, including 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 electronic Insurance Policy Documents at any time. However, the Paper Documents Fee set forth in
the "Disclosure of Fees" section above may apply if you: (i) withdraw your consent to electronic transactions,
including receiving Insurance Policy Documents electronically; or (ii) request to receive paper copies of your electronic
Insurance Policy Documents. If you elect to receive paper copies of Insurance Policy Documents, you may, at any time,
request and consent to electronic transactions, including receiving Insurance Policy Documents electronically. Please
call us at 1-800-ESURANCE (1-800-378-7262) for any such withdrawals
Technical Requirements for Electronic Delivery
Please be aware that, in order to access 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; and (v) 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.
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.
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
"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.
"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 41% 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 36% 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 41% 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 25% 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.
Consent to Transact Business Electronically
By accepting our renewal offer, you: (i) agree to continue to transact business electronically through our Web site and by email to, among other things, make payments, receive Insurance Policy Documents, renew and terminate your Policy, and send to us and receive from us communications related to your Policy; (ii) unless otherwise indicated, agree to accept all Insurance Policy Documents electronically in lieu of delivery by U.S. Mail or other physical delivery method; provided, however, that, as required by law, we will deliver certain Insurance Policy Documents, such as termination notices, in paper format via U.S. Mail; and (iii) acknowledge that you have read the disclosure regarding the use of electronic records and signatures in connection with your online account as provided on our Web site.