Make a Claim

Duties In The Event of a Personal Identity Event

A. Before coverage will apply under this policy, the insured shall notify us in writing as soon as practicable within the notice period of a personal identity event first discovered by such insured during the policy period. Notice must include:

1. How, when, and where the personal identity event took place
2. The number of individuals and type of personally identifiable information involved in the personal identity event; and
3. Upon request by us, the names and addresses of the individuals affected by the personal identity event

• Immediately send us copies of all demands, notices, summonses or other legal documents received in connection with the claim;
• Authorize us to obtain records and other information; and
• Give us and any counsel we select to represent an insured in connection with a suit or to investigate any claim, full cooperation and such information as we or such counsel may reasonably require, including but not limited to, assisting us or such counsel in:
• any investigation of a claim, or other matter relating to the coverage afforded under
• this policy (including submissions to an examination by us or our designee,
• under oath if require by us);
• making settlements
• enforcing any legal rights the insured or we may have against any person or entity
• who may be liable to the insured;
• attending examinations for discovery, hearings and trails;
• securing and giving evidence, and obtaining the attendance of witnesses; and
• any inspection or survey conducted by us

1. Send to us, as soon as practicable, copies of any notice, Writs of Summons, Statements of Claim, Petitions or other originating processes or other legal papers received in connection with any administrative action
2. Authorize us to obtain records and other information; and
3. Furnish us, upon our request, with records and other information and submit to an interview by us or our representative concerning the full extent of their knowledge of the events leading to the administrative action. We shall also be entitled to immediately receive upon request copies of any regulatory agency correspondence the insured received relating to such administrative action, including without limitation any correspondence which may have predated the date of application for coverage under this policy.

Definitions

The following terms are defined in your policy as follows:

Us/We: means the insurer issuing this policy

Notice Period: means the sixty (60) day period of time the insured shall have to notify us that a personal identity event has occurred. The notice period shall commence immediately upon first discovery of the personal identity event by an insured

Personal Identity Event: means any event involving the insured that has resulted in, or could reasonably result in, the fraudulent use of personally identifiable information that is or was in the care, custody or control of the insured or an information holder. All claims, administrative actions, damages, defence costs, administrative expenses, notification costs, crisis expenses and post event services expenses resulting from the same, continuous, related or repeated event or which arise from the same, related or common nexus of facts will be deemed to arise out of one personal identity event

Administrative Action: means and is limited to:

1. an investigation of the insured after written notice is sent to the insured by,
2. negotiation of a consent order against the insured with, or
3. formal adversarial administrative proceeding against the insured instituted by,

This is a “Claims-Made and Reported” policy, which means that in order to protect your rights under the policy, you must use the following procedures to report claims and potential claims as soon as you are first made aware of:

• A written demand against an Insured for monetary or non-monetary relief
• A Civil, arbitration, administrative, regulatory, or mediation proceeding against any Insured commenced by:
• the service of a complaint or similar pleading
• the filing of a notice of charge, investigative order or like document or
• written notice or subpoena from an authority identifying such Insured as an entity or person against whom a formal proceeding may be commenced or
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• A criminal investigation or proceeding against any Insured Individual commenced by:
• the return of an indictment, information or similar pleadings or
• written notice or subpoena from an authority identifying such Insured Individual as an individual against whom a formal proceeding may be commenced or
• Any action proceeding or investigation against any Insured Individual commenced by Canada Revenue Agency (CRA) or other equivalent federal provincial or territorial agency in Canada that administers tax laws