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Terms and Conditions
Named Perils — Full Service Moving & Storage Coverage 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, during a full moving and storage phase and while in the Care, Custody and Control of our approved and certified moving and storage affiliate.
Insurance purchased as Named Perils - Selected Inventory must specify covered item(s) by item name and declare a value for each item (s). The amount of insurance purchased must be not less than the current replacement value of the property. If a valued inventory has been submitted with the insurance document, the maximum liability shall not exceed the indicated amount. If any item is insured for less than the replacement cost, co-insurance will be applied to the assured amount in determining the insured value. The Assured shall, to the extent of such deficit, bear his, her or their proportion of the loss. Items not listed are not covered. Item(s) cannot be marked as "Miscellaneous" ("Misc."). Items marked miscellaneous are not covered.
Insurance purchased as Named Perils -Total Value Insurance must be purchased for a minimum $8.00 per pound for current replacement value coverage. Coverage requires that high value items, individually valued at $1,000 or over, be specifically declared and valued separate from the balance of the shipment. If any item is insured for less than the replacement cost, co-insurance will be applied to the insured amount in determining the insured value. 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 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. All weights will be established by a government/industry issued weight guide.
CO-INSURANCE EXAMPLE: Shipment weight: 5,000 pounds (or 714 cubic feet). To avoid co-insurance, follow this simple calculation: Multiply the weight of the shipment 5,000 pounds x $8.00, for a total insured value of $40,000.
Should the actual weight of your shipment change after loading, the actual weight must be submitted to Moving Insurance LLC in writing within 48 hours of load for changes to the declared value to be accepted.
The settlement based on this insurance coverage will be the lesser of repair costs, current replacement value or as stated on the valued inventory. Loss of value is not covered. Only repair costs are covered; charges related to appraisal fees, inspection fees, shipping charges, moving transportation charges, sales tax, manufacturers warranties, charges incurred for assembly/disassembly of items, items having no commercial value, and items of sentimental value are not covered. The Insurance Carrier reserves the right to replace the damaged or missing items with items of like kind and quality. In no instance, shall the Insurance Carrier's total liability exceed the insured value declared on this document.
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.
This insurance includes coverage while in storage at origin and/or destination within an approved storage facility for a total of 90 days starting from the pick up date. Garages and other like facilities are not considered approved storage facilities. In case of a shipment being held in storage for a period of over 90 days starting from the pick up date, the assured must promptly notify Moving insurance, LLC of the delay and pay an additional premium. If your belongings are delivering into a Self-Storage Facility, your coverage ends once the belongings are delivered into the unit.
COVERED CAUSES OF LOSS WHILE GOODS ARE TRANSPORTED VIA THE APPROVED MOVING COMPANY:
1) Vehicle Accident
2) Rollover Accident
6) Burglary, except as excluded under Exclusion (e)
COVERED CAUSES OF LOSS WHILE GOODS ARE STORED AT THE APPROVED STORAGE FACILITY:
7) Fire or Lightning
8) Explosion of Sonic Boom
9) Strikes, Riots or Civil Commotion
10) Aircraft, Self-propelled Missiles or Spacecraft
12) Falling objects, provided the building is first damaged by such falling objects
13) Vandalism or Malicious Mischief
14) Earthquake or Volcanic Eruption
15) Weight of Ice, Snow or Sleet
16) Sudden Collapse of Buildings or any part thereof
17) Water Damage except as excluded under Exclusion (d)
18) Burglary, except as excluded under Exclusion (e)
(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, alcohol, 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 storage space provided there are visible marks of such forcible entry upon the exterior of the storage space. 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) Against 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) Loss or damage arising out of the acts of any government, customs authority, or official confiscation. Consequential losses due to delay or any depreciation in value are not covered.
(i) Physical loss or damage to the property carried out for political, terrorist, or ideological purposes.
(j) War Risk and Governmental Action to the extent set forth in the War Risk and Governmental Action Exclusion.
(k) Nuclear Hazard, to the extent set forth in the Nuclear Hazard Clause.
(l) Plants and living things.
(m) Appraisal fees, shipping charges, sales tax, items having no commercial value, items of sentimental value or property damage.
(n) Merchandise for sale or exhibition.
(o) Loss or damage to any items or shipment that contains non household items, or items that are considered for commercial, industrial or non household use.
(p) Loss or damage to goods, unless the claim is supported by a legitimate police or fire department report.
(q) Loss or damage to the Storage Facility in which the goods are insured.
(r) 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.
(t) Loss or damage due to non payment of storage fees, causing a lien sale of goods by the moving and storage company.
(u) Fine Arts loss is limited to a $5,000 per item and a total of $25,000 per certificate.
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.
All certificates of insurance with a total value of $30,000 or higher are subject to maximum per item coverage not to exceed 25% of the value of the certificate.
PAIRS AND SETS OR PARTS: Pairs and Set coverage is not available under this certificate. 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.
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 45 days from the date of delivery. Claims should be filed directly on our website at www.MovingInsurance.com. After filing you will be required to provide the following: (a) documentation or official reports from local police or fire department agencies, supporting the claim; (b) description of how, when and where the loss occurred; (c) description of the property involved, and your interest in it; and (d) the names and addresses of any witnesses.
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.
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.
NUCLEAR HAZARD CLAUSE:
(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.
MINIMUM TERM: The minimum initial term for this insurance is up to ninety days (90) days. Thereafter it is possible to extend it on a monthly basis and it will not be prorated for any lesser time period.
CONTRADICTING STATEMENTS: Any statements or Agreements made by the moving & storage company or its representatives in contradiction to any of the Insurance Agreement contained in this document will not be recognized or endorsed during the Claim settlement process. The Insurance Agreement in this document precludes any verbal or written agreements between the moving & storage company or its representative and the insured where such agreements violate or conflict with the Insurance Agreement contained in this document.
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 Coverge Summary by the assured can not alter or change coverage in any way.
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