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Identity Theft Coverage Overview

  • Identity theft is one of the fastest growing crimes in North America. In many cases, there is little you can do to prevent becoming a victim.
  • Anyone can be exposed to this threat simply by doing things that are part of their everyday routine -- using credit cards in-store or online, submitting personal information to employers or the government, putting papers containing personal information into the recycling bin or simply receiving mail in an unsecured mailbox.
  • It can take just seconds for a thief to steal information such as a social insurance number, credit card number, bank account number and/or an address and use it to obtain a new mortgage, line of credit or an additional credit card.

Restoring your name and good credit after a theft of identify is a time consuming and costly process. According to the New York Times, it takes, on average, six months to detect a stolen identity event. The victim can then spend up to 200 hours doing what is necessary to recover from the crime -- that's more than a month of full-time work!

How does the Power Workers' Union Protection Plan Help?

The Identity Theft coverage provided by PWUPP is intended to cover out-of-pocket expenses incurred and wages lost as you go through the process of restoring your financial health and credit history after a stolen identity event. It does not cover the actual financial losses you suffer as a result of any fraud committed using your stolen identity.

What is included?

Help with the Identity Recovery Process
One of the key steps in recovering your stolen identity is notifying relevant government agencies, police, credit agencies, banks, other financial institutions and businesses about the crime. To assist you, PWUPP will provide a customized ID Theft Recovery Kit including sample letters to send to those who must be notified.

Income Protection
You may have to take time off work to deal with recovering your stolen identity. The plan gives you a safety net of up to $500 per week in lost wages for a maximum of 4 weeks.

Expense Reimbursement
To recover your identity you may incur expenses for such things as:

  • Defending yourself against suits brought against you by collection agencies
  • Removing criminal or civil judgments wrongly entered against you
  • Challenging information in a credit report.
  • Re-filing loans
  • Certified mail
  • Long distance telephone charges
  • Notaries for completing and delivering affidavits

Who is covered?

Coverage Limit

  • The policy will pay up to $15,000 for any one occurrence of fraud.
  • The maximum payable over the course of any calendar year to any individual member of the Power Workers' Union of Ontario is $15,000.
  • Income protection and all legal fees are included in this limit.

Deductible: None

For more information or to enroll call 1-877-393-0338.

FULL SUMMARY OF INSURANCE

Banks and credit card companies do not hold you liable for purchases made fraudulently on your behalf using their credit card. However, identity theft affects more than just your limit or balance with any one financial institution or credit card.

If your identity is stolen by professional criminals:

  • You could find yourself the holder of a fraudulently taken mortgage or loan
  • A seriously eroded credit rating, and
  • The inability to get further credit….putting your existing mortgage and finances in jeopardy.
  • You might even face criminal prosecution for crimes committed while the thieves veiled themselves in your identity.

The following types of losses and claims are covered by PWUPP but generally not by most banks or credit card companies:

  • Coverage for out of pocket expenses outlined below
    • Defence costs for certain civil suits – e.g. suits by collection agencies
    • Attorney fees incurred in removing criminal or civil judgments wrongly entered against you;
    • Costs incurred in challenging information in a credit report.
  • Coverage for out of pocket expenses as outlined below – not covered by most credit card companies.
    • Re-filing loans
    • Certified mail
    • Long distance telephone charges
    • Notaries for completing and delivering fraud affidavits
  • Lost wages for time taken off work to resolve the problem
  • Defined Recovery Process / ID Theft Recovery Kit –
    • Some credit card companies provide kits and information on who to call, but they do not generally provide a claims consultant to assist you with the process.
    • The PWUPP's insurance partners, being HKMB International Insurance Brokers and American Home Assurance Company (AIG), will be there with experienced professionals to assist you in your time of need. They will help you identify what you must do to terminate further losses and end the crime, and then how to go about restoring and recovering your identity.
    • You will also have access to the resources of professional, experienced identity recovery and restoration firms.

Items

Coverage Terms and Conditions

Description/commentary

Policy Period

  • February 26th, 2007 to February 26th, 2008
  • The policy will be renewed annually on February 26th.
  • The Power Workers' Union will advise you if the policy is cancelled or terminated.
 

Deductible

None

You are covered for the full loss, up to the limit of liability.

What is Covered?

The insurance company will reimburse you for expenses you incur directly as a result of an stolen identity event first discovered during the policy period.

Coverage includes access to the identity theft call center and personalized ID Theft Recovery Kit.

Limit of Liability

The insurance company will not pay more than $15,000 for:

  • Any one identity theft event, or series of related acts arising from the same method of operation, whether committed by one or more person.
  • During any one policy period.
  • The maximum limit is $15,000 per policy period and/or for any one identity theft event.
  • A series of related identity theft events shall be deemed one occurrence under the policy.

Reporting Claims

You must report the lost identity event within 90 days of your first discovering that your identity was, or likely may have been, stolen.

  • Report any suspected stolen identity event to the call center immediately.
  • Failure to report within 90 days of first discovering an stolen identity event can cause your claim to be denied.

What kind of Legal Expenses are Covered?

Covered expenses include:

  • Access to the identity theft call center and personalized ID Theft Recovery Kit.
  • Costs of notarizing fraud affidavits or similar documents for financial institutions, credit grantors or credit agencies
  • Costs for certified mail and long distance charges to law enforcement agencies, credit agencies, financial institutions or similar credit grantors
  • Lost wages as a result of time taken off work:
    • To meet with or talk to law enforcement agencies, credit agencies, legal counsel etc. and to complete fraud affidavit
    • Due to wrongful incarceration arising from someone having committed a crime in your name
    • Maximum coverage is $500 per week for four weeks
    • Wages are defined as salaries and wages paid to you by your employer.
    • The time taken off work must be taken within 12 months of your first discovering that your identity was stolen.
  • Loan application fees for re-applying for a loan(s) when the original application is rejected because the lender received incorrect credit information due to stolen identity event
  • Reasonable legal fees incurred, with the insurance company's prior consent, for:
    • Defence of civil lawsuits brought against you by merchants or collection agencies
    • Removal of civil judgments wrongly entered against you
    • Costs for credit reports, to a maximum of four, within 12 months after your first discovery of a stolen identity event.

You are covered for the following expenses in regards to an stolen identity event:

  • Call center access and assistance.
  • Costs for notaries
  • Certified mail and long distance
  • Lost wages, to a maximum of $500 x 4 weeks
  • Loan re-application fees
  • Legal fees to defend you against certain types of legal actions by merchants, collection agencies; criminal charges wrongly entered against you; and challenging consumer credit reports.

What is an Identity Fraud?

The fraudulent use of a covered person's personal identification, social insurance number, or other method of identifying a covered person. This includes the fraudulent use of the personal identity of a covered person to establish credit accounts, secure loans, enter into contracts, or commit crimes.

 

What do I do if I find out about a claim or legal proceeding?

If you are covered by this policy, once you are aware of a loss or that you may be the victim of identity theft, you must:

  • Call the Power Workers' Union Call Centre at 1-877-393-0338.
  • Send the insurance company the other documents they may request. You have an obligation to co-operate with the insurance company and attend meetings and provide documentation as the insurance company reasonably requests.
  • You also have a duty to do whatever you reasonably and necessarily can to prevent further loss. This includes a duty to notify all financial institutions and credit card companies that you use, of the stolen identity event.
    • The insurer will outline, in writing, what you need to do to terminate continued losses due to the identity theft event. This is part of the Personalized Identity Recovery Kit available through the call center.
  • If the loss or stolen identity event involves a crime against you, you will be required by the policy to notify the police as soon as you can.
  • Eventually, you will be required to file a sworn proof of loss outlining all key details, within 4 months from the day you discover the loss or stolen identity event.
  • Note that it is important that you notify the Call Centre as soon as possible, once you become aware of a claim or a situation that might give rise to a claim.
  • Call the 1-877-393-0338
  • Failure to notify the Call Centre promptly can result in a claim being denied.

What Happens if I have a Disagreement with the Insurance Company?

  • Firstly, report your complaint, problem, or issue to the Power Workers' Union Call Centre.
  • If the situation is not resolved, then you can proceed with an action or suit against the insurance company, but to do so, you must first wait until:
    • You have complied with all the other requirements of the policy
    • You must wait at least 90 days after the official, sworn proof of loss is submitted to the insurance company
  • In all cases you cannot commence an action after more than two years from the date that you originally discovered the loss or stolen identity event.
 

Coverage Territory

Worldwide, but the insurer will only pay for losses incurred in Canada.

Stolen identity event can occur anywhere in the world and you are covered.

Other Conditions on Coverage

  • Fraud – if you knowingly make a fraudulent or false claim, or if you co-operate with a third party for the purposes of fraud, your coverage under this policy is cancelled automatically.
  • Other Insurance – if you have other legal expense insurance that covers a claim also covered by this policy, then you must collect under the other policy first.
  • The stolen identity event must be discovered during the policy period and reported to the insurance company through the PWUPP Call Centre within 90 days of discovery.
  • Also note that after you report a loss, the insurance company has the right to sue anyone, or to go after or to collect money from anyone else who is liable or responsible to you for the loss.

This policy is only effective once you have exhausted the limits of the other legal expense insurance.

What is not Covered?

  • Fraudulent use of a covered person's business name or any other method of identifying any business activity of a covered person.
  • Any fraudulent, dishonest, or criminal acts committed by you or any person acting in collaboration with you.
  • Any stolen identity event in which a member of your family had prior knowledge of or participated in.
  • Any losses other than expenses.
  • Any type of financial loss, loss of income, or property income, other than lost wages from your employer as outlined above.
  • Any stolen identity event that you knew about before coverage began under this policy began.
  • Indirect losses.
  • Loss due to nuclear incidents, war, terrorism.

Covered expenses must be directly the result of an stolen identity event.



This summary is only intended to provide a general overview of coverage terms and conditions. This summary does not replace or supplant the actual policy wording. In all cases, the actual policy wording will determine availability of coverage, terms and conditions of the contract, as well as other restrictions or exclusions. Adjustment and payment of any claim will depend on the actual policy wording and depends on the merits of each fact situation.