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Terms and Conditions
Named Perils — Catastrophe Truck Rental's Goods Insuring Agreement
DEFINITIONS: Throughout this policy, "you" and "your" refer to the "insured" shown and "we", "us" and "our" refer to the Company providing this insurance.
PROPERTY INSURED: We cover your personal property or the property of others for which you may be liable or have assumed liability prior to a loss, while in transit. Vehicles, trailers, boats and/or other vehicle subject to licensing and registration are not insurable under this policy. Fine Arts can be covered as part of your personal property with the following limitations: Limited to a $2,000 per item and a total of $10,000 per certificate. A list of Fine Arts items and their value must be submitted at time of purchase.
Insurance purchased under the Rental Truck Named Perils coverage must be purchased for the replacement value of selected items or the entire shipment. Coverage requires that high value and Fine Arts items be specifically declared and valued. Failure to purchase the insurance under this term may cause the shipment to become underinsured and will place in effect the Co-Insurance Clause. Co-Insurance, or Underinsuring, determines the settlement compensation amount in case of a claim. Co-Insurance is a situation in which a shipment or an item is insured for less than its replacement value. Settlement will be proportional to the declared value versus the replacement value of the shipment or item.
The settlement based on this insurance coverage will be the lesser of repair costs, replacement value or as insured by you. In the event that an item or its parts cannot be restored to its original condition through repair or replacement, subsequent loss of value is not covered beyond the repair or replacement cost of the item or its parts.
The Insurance Carrier reserves the right to replace the damaged or missing items with items of like kind and quality. If any item of a "set" is lost or damaged, payment is only made for proportionate value of the item damaged, not the entire set.
This insurance includes coverage while in transit for a maximum of 30 days starting from the first date of rental date ("Effective Date"). In case of a shipment being held in storage for any period before, during or after the transit period, a separate insurance certificate must be purchased.
COVERED CAUSES OF LOSS WHILE GOODS ARE TRANSPORTED VIA THE RENTED VEHICLE:
1) Vehicle Accident
2) Rollover Accident
6) Burglary, except as excluded under Exclusion (e)
7) Explosion of Sonic Boom
8) Earthquake or Volcanic Eruption
9) Sink hole collapse
10) Weight of Ice, Snow or Sleet
(a) Damages that occur during loading and unloading are specifically excluded from coverage.
(b) Motor vehicles subject to vehicle registration.
(c) Accounts, bills, currency, deeds, evidences of debt, securities, money, notes, animals, jewelry, watches, precious or semi-precious stones, furs or garments trimmed in fur, cigarettes, laptop or tablet computers, mobile or cellular telephones; loss of electronic data.
(d) Against loss or damage caused by, resulting from, contributed to or aggravated by flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, or spray from any of the foregoing, all whether driven by wind or not.
(e) Against burglary, unless it occurred by forcible entry into a securely locked truck provided there are visible marks of such forcible entry upon the exterior of the truck. The mere absence of a lock or padlock will not constitute visible marks of forcible entry. Loss under this coverage must be immediately reported to the police department.
(f) Mysterious Disappearance.
(g) Against loss or damage caused by or resulting from wear and tear, gradual deterioration, inherent vice, latent defect, moths, insects, rodents, vermin, mildew, wet or dry rot, atmospheric condition and or changes in temperature; breakage of glass or similar fragile articles; delay, loss of use or market.
(h) War Risk and Governmental Action to the extent set forth in the War Risk and Governmental Action Exclusion.
(i) Nuclear Hazard, to the extent set forth in the Nuclear Hazard Clause.
(j) Plants and living things.
(k) Appraisal fees, shipping charges, sales tax, items having no commercial value, items of sentimental value or property damage.
(l) Loss or damage to the rented vehicle in which the goods are insured.
(m) Loss or damage due to contributory negligence on the part of the owner and/or their agents. Damages or loss attributed to an act, order, or omission on the part of the insured. This certificate specifically excludes coverage for the following, and any damages caused as a result of these being in the shipment: hazardous materials, items that are flammable, corrosive or explosive; perishables: food, plants or living things that may die or spoil in transit.
(n) Loss or damage due to non payment of rental vehicle, causing a lien sale of goods by the rental vehicle owner.
(o) Fine Arts loss is limited to a $2,000 per item and a total of $10,000 per certificate.
(p) Any goods transported in a private or company owned vehicle, other than a legally rented vehicle, with a legitimate and documented copy of rental agreement confirming this rental transaction. Rented truck must be legally registered and insured by the rental facility.
(q) Any loss or damages caused by the loading or unloading of the goods by the loading and unloading crews.
(r) Any loss or damage caused while rented vehicle is parked in any garage or parking facility, private or public for longer than 12 hours.
(s) Loss or damage to goods, unless the claim is supported by a legitimate police or fire department report.
(t) Loss or damage if rented vehicle is driven by anyone not listed on the truck rental agreement and not carrying a valid driver license.
(u) Loss or damage to rented vehicle.
(v) Loss or damage to real estate property.
(w) Loss or damage while rented vehicle is being towed.
(x) Loss or damage while rented vehicle is under repair or in a repair facility.
AGENCY: It is understood and agreed that any person authorized by the named assured or shipper to order this insurance is acting as the agent of the Assured and is aware of the certificate terms and conditions. A customer signed certificate and terms and conditions must be received by Moving Insurance, LLC prior to moving date.
PAIRS AND SETS OR PARTS: Pairs and Set coverage is not available under this certificate.
MECHANICAL AND ELECTRICAL DERANGMENT: Mechanical and Electrical Derangement coverage is not available under this certificate.
OTHER INSURANCE: If a loss covered by this policy is also covered by other insurance, we will pay only for the amount of covered loss in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Amount of Insurance.
DUTIES YOU HAVE AFTER LOSS: All claims for loss must be filed no later than 14 days from the date the loss occurred. Claims should be filed directly on our website at www.MovingInsurance.com. After filing you will be required to provide the following (a) description of how, when and where the loss occurred; (b) description of the property involved, and your interest in it; (c) the names and addresses of any witnesses; and (d) any documentation or official reports from local police or fire department agencies, supporting the claim.
The insurance carrier reserves the right to inspect and verify all reported damages and to require substantiation of any claims amounts, value of items claimed or proof of ownership.
DEDUCTIBLE: All loss or damage arising during the certificate period shall be adjusted in accordance with the valuations and limitation provisions of this certificate and will then be considered the "adjusted claim". From the adjusted claim or the applicable limit of this certificate, whichever is less, the sum stated under the applicable deductible amount shown in Declarations shall be deducted. Insurer shall have no obligations under this form until the claim exceeds the deductible. If no other Deductible is shown in the Declarations, your deductible is $500.
MISREPRESENTATION AND FRAUD: This document shall be void if the Assured has concealed or misrepresented any material fact or circumstance concerning this Insurance or the subject thereof. Any person who includes any false or misleading information on an application for an insurance certificate is subject to criminal and civil penalties. Notwithstanding any requirement, term, or condition of any contract or other document with the respect to which this document is issued, the insurance afforded by the certificate listed on this document is subject to all the terms of such certificate. In the event that you file a damage claim, you must file first with MovingInsurance.com. You cannot receive compensation for damages from the insurance carrier and the moving company. It is illegal to collect twice on the same item(s).
EXAMINATION UNDER OATH: Before recovering for any loss you will, if requested: (a) permit us to inspect the damaged property before it is disposed of or repaired; (b) send us a sworn statement of loss containing the information we request to settle your claim. You must do this within 60 days of our request; (c) agree to examinations under an oath at our request; (d) produce others for examination under an oath at our request; (e) provide us with all pertinent records and reports needed to prove the loss; (f) cooperate with us in the investigation or settlement of the loss.
APPRAISAL: If you and we do not agree as to the amount of loss, you and we will each select a competent appraiser within 20 days of receiving a written request from the other. The appraisers will select an umpire. If they do not agree on an umpire within 15 days, either you or we will ask a judge of a court of record of the state in which the appraisal is pending to make the selection. The written agreement of any two will be binding and set the amount of loss. Each party will: (a) pay its chosen appraiser; and (b) bear the other expenses of the appraisal and umpire equally.
LOSS PAYMENT/OTHER RECOVERIES: We will pay or make good any insured loss under this insurance within 60 days after we reach agreement with you, the entry of final judgment or the filing of an arbitration award. We will not be liable for any part of a loss which has been paid or made good by others.
LEGAL ACTION AGAINST US: No one may bring legal action against us unless: (a) there has been full compliance with all terms of this insurance; and (b) No suit, action, or proceeding for the recovery of any claim under this certificate shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery of loss, provided, however, that by the laws of the state within which this certificate is issued such limitation is invalid, then any such claim shall be void unless such actions, suit or proceedings be commenced within the shortest limit of time permitted by the laws of such state. Any and all legal suits, actions or proceedings must be filed in the state of New Jersey, United States.
TRANSFER OF YOUR RIGHTS OF RECOVERY AGAINST OTHERS TO US: If any person or organization to or for whom we make payment under this policy has a right to recover damages from another, that right must be transferred to us. That person or organization must do everything necessary to assist us, and must do nothing after the loss to hinder us in our recovery.
(a) "Nuclear Hazard" means any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled or however caused, or any consequence of any of these.
(b) Loss caused by the nuclear hazard shall not be considered loss caused by fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the "Covered Causes of Loss" Clause.
(c) This policy does not apply to loss caused directly or indirectly by nuclear hazard, except that direct loss by fire resulting from nuclear hazard is covered.
WAR RISK AND GOVERNMENTAL ACTION EXCLUSION:
This policy shall not apply to loss or damage caused, directly or indirectly, by or due to any act or condition incident to the following: (a) Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual impending or expected attack, (1) by any government or sovereign power (de jure or de facto); or by any authority maintaining or using military, naval or air forces; or (2) by military, naval or air forces; or (3) by an agent of any such government, power, authority or forces, it being understood that any discharge explosion or use of any weapon of war employing nuclear fission or fusion shall be conclusively presumed to be such a hostile warlike action by such a government, power, authority or forces; (b) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade.
MAXIMUM TERM: The Maximum term for this insurance is thirty days (30) days or upon delivery of goods.
CHANGES: This policy contains all the agreements between you and us concerning the insurance afforded. Its terms can be amended or waived only by written change authorized by us and made a part of this policy. Notes added to Certificate Summary by the assured can not alter or change coverage in any way.
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