Part 1 Applicable to all parts of this policy
The definitions in this Section 1 shall apply throughout the entire the Policy
- “Cardholder” means a customer of the Policyholder who during the Policy Period holds an Eligible Card, and for these purposes a customer shall only be a Cardholder for the time span during the Policy Period he or she holds such Eligible Card.
- “Eligible Card” means a valid UnionPay Diamond Prestige Credit Card issued by the Policyholder which is billed in Hong Kong. (Note: Issued bank is located Hong Kong, transaction can be overseas)
- “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
- “Insurer” means AIG Insurance Hong Kong Limited.
- “Policy” means, the policy of insurance purchased by the Policyholder from the Insurer for the Cardholders which is documented in the policy agreement between the Policyholder and the Insurer.
- “Policyholder” means the policyholder whose name and address is stated in the Schedule.
- “Policy Period” means the policy period stated in the Schedule.
- General Exclusions
- The exclusions set out in this Section 2 apply to throughout this entire Policy and serve to exclude coverage from this Policy notwithstanding anything stated to the contrary anywhere else in this Policy.
- Fraud exclusion - If in any statement or declaration made in support of any claim under this Policy or if in the information given to the Insurer or designated representative in respect thereof there shall by or on behalf of the Cardholder be any suppression or concealment or any untrue or fraudulent statement or any intentional exaggeration as regards the property lost or damaged or the value or amount thereof or if any loss or damage be occasioned by or through the wilful act or with the knowledge or connivance of the Cardholder or anyone acting on behalf of the Cardholder no claim shall be payable under this Policy.
- Sanctions exclusion - The Insurer will not be liable to provide any coverage or make any payment hereunder if to do so would be in violation of any sanctions law or regulation which would expose the Insurer, its parent company or its ultimate controlling entity to any penalty under any sanctions law or regulation.
- General Conditions
- Coverage for any Cardholder under this Policy shall immediately terminate on the termination date of this Policy or the time a Cardholder ceases to be a Cardholder, whichever is earlier, provided, however that such termination shall be without prejudice to any claim originating prior thereto.
- In no event will duplicate or multiple Eligible Cards obligate the Insurer to pay in excess of the amounts shown in the Schedule of Benefits in the Part for any one loss covered under that Part sustained by any one individual Cardholder as a result of any one incident under this Policy. The maximum amount payable in respect of a loss where duplicate cards are held by any Cardholder will be the highest applicable benefit specified in the Schedule of Benefits in the applicable Part of this Policy to which the loss applies.
- Only the Policyholder, Cardholders and the Insurer may enforce rights given to them under this Policy and save for giving effect to this purpose, The Contracts (Rights of Third Parties) Ordinance is hereby excluded. It is hereby noted and agreed, however that the Policyholder and Insurer in agreement can amend this Policy or exercise any right of termination without the consent of any other parties.
- Governing law and Jurisdiction
- This Policy is governed by and interpreted in accordance to the laws of Hong Kong. Any dispute will be subject to the exclusive jurisdiction of the courts of Hong Kong
- Personal Data
The Insurer may transfer the personal data to the following classes of persons (whether based in Hong Kong or overseas) for the purpose identified:
- third parties providing services related to the administration of this policy, including reinsurers;
- in the event of a claim, loss adjustors, assessors, third party administrators, emergency providers, legal services providers, retailers, medical providers and travel carriers;
- another member of the AIG group (for all of the purposes stated in this clause )in any country; or
IDENTITY THEFT INSURANCE
Schedule of Benefits
Aggregate limit: HK$3,000
Per occurrence limit: HK$3,000
In addition to definitions on the GENERAL TERMS AND CONDITIONS section of this Policy, the following definitions apply to this Part, wherever the term is used in this Part .
ATM means an automatic teller machine.
Bank account means an account for personal use, with an authorised financial institution, against which the account holder can deposit and withdraw money, or, deposit and draw cheques.
Bodily injury means bodily harm, sickness or disease.
Business means (i) a trade, profession or occupation including those conducted on a full-time, part-time or occasional basis, or, any other legal activity in which one is engaged for money or other compensation.
Cheque means any bank draft, other than a draft with a stamped signature, drawn against deposited funds to pay a specific sum to a specified payee on demand.
Coverage Territory means Worldwide.
Credit account means a credit arrangement, from a qualified financial institution, for personal use, such as credit card account, car/home loan account.
Identity Theft means the unauthorized or illegal use of a Cardholder’s personal information such as his/her name or Hong Kong Identity Card number to open credit accounts or bank accounts that the Cardholder did not authorize.
Issuer means a bank or financial institution or any entity that is in Hong Kong and is participating in the Fraudulent Charges offering to Cardholders.
Payment card means any ATM, credit, charge or debit cards issued by an authorized financial institution or retailer for personal use only.
Per Occurrence Limit means the maximum amount payable under the Policy for any single loss occurrence.
Relative means the Cardholder’s legally married spouse, parent, step-parent, parent in-law, grandparent, child, stepchild, legally adopted child, grandchild, brother, brother in-law, sister, sister in-law, son in-law, daughter in-law, uncle, aunt, niece, nephew or first cousin.
Suit means: (i) a civil proceeding seeking monetary damages as a result of Identity Theft, or, (ii) a criminal proceeding in which the Cardholder is charged with illegal acts committed by someone else while engaged in the theft of the Cardholder’s identity.
Terrorist Act means the use or threatened use of force or violence against person or property, or commission of an act dangerous to human life or property, or commission of an act that interferes with or disrupts an electronic or communication system, undertaken by any person or group, whether or not acting on behalf of or in any connection with any organization, government, power, authority or military force, when the effect is to intimidate, coerce or harm a government, the civilian population or any segment thereof, or to disrupt any segment of the economy. Terrorism shall also include any act which is verified or recognized as an act of terrorism by the Government of the country where the act of terrorism occurs.
War means any declared or undeclared war or any warlike activities, including use of military force by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends.
SECTION 1 IDENTITY THEFT COVERAGE
The Insurer will reimburse any Cardholder for the expenses below, up to the per occurrence and per aggregate limits listed on the Schedule of Benefits to this Part D, resulting from the Cardholder’s efforts to resolve his/her Identity Theft. All expenses incurred must be submitted up to 6 months after the Cardholder first reports a loss under Section 3 - 4.1,“Duties After A Loss” below of this Part D. The following expenses are covered:
- Legal Expenses – The Insurer will reimburse the Cardholder for the attorney and court fees incurred by the Cardholder to:
- Defend any suit brought against the Cardholder by a creditor or collection agency, or someone acting on their behalf, as a result of the Cardholder’s Identity Theft;
- Remove any civil or criminal judgment wrongfully entered against the Cardholder, as a result of the Cardholder’s Identity Theft.
- Lost Wages – The Insurer will reimburse the Cardholder for the unpaid time he/she take from work, solely as a result of his/her efforts to correct his/her financial records, if the later are altered as a result of the Cardholder’s Identity Theft. Payment of lost wages under this section includes compensation for whole or partial unpaid workdays. To be covered, the Cardholder must take these unpaid days within 6 months of first reporting a loss under Section 3-4.1, “Duties After A Loss” below of this Part D.
- Obligation to pay – The Insurer will reimburse the Cardholder for the amount(s) which the Cardholder becomes legally liable to pay to creditor(s), arising from the unauthorized opening and use of credit account(s) and/or bank account(s), under his/her name, as a result of the Cardholder’s Identity Theft.
- Miscellaneous Expenses – The Insurer will reimburse the Cardholder for:
- The cost(s) incurred by the Cardholder to re-file applications for his/her credit accounts or bank accounts that are rejected solely because the authorized financial institution received incorrect information as a result of the Cardholder’s Identity Theft;
- The cost incurred by the Cardholder to notarize documents related to the Cardholder’s Identity Theft, as well as long distance telephone calls and certified mail reasonably incurred by the Cardholder as a result of the Cardholder’s efforts to report an Identity Theft or to correct the Cardholder’s financial and credit records that have been altered as a result of the Cardholder’s Identity Theft;.
SECTION 2 EXCLUSIONS
The Insurer will not cover under this Part:
- Costs other than those listed in Section I, “Identity Theft Coverage”;
- Monetary losses other than the out-of-pocket expenses listed in Section 1, “Identify Theft Coverage”, related to the resolution of the Cardholder’s Identity Theft;
- Costs associated with any physical injury, sickness, disease, disability, shock, mental anguish and mental injury including required care, loss of services or death;
- Compensation for time taken from self-employment, or workdays that will be paid by the Cardholder’s employer, in order to correct the Cardholder’s financial records that have been altered due to the Cardholder’s Identity Theft;
- Losses that do not occur within the Policy Period;
- Losses that result from or are related to business pursuits including the Cardholder’s work or profession;
- Losses caused by the Cardholder’s or Cardholder’s relatives’ illegal acts;
- Losses that a Cardholder has intentionally caused;
- Losses that result from the intentional actions of a relative, or actions that a relative knew of or planned;
- Losses due to war, invasion, act of foreign enemy, hostilities or warlike operations (whether war has been declared or not), civil war, rebellion, revolution, insurrection, civil commotion, uprising, military or usurped power, martial law, terrorism, riot or the act of any lawfully constituted authority or vandalism of any kind; or
- Losses due to the order of any government, public authority, or customs’ official.
SECTION 3 CONDITIONS
- Valid Account: The Eligible Card must remain valid and in good standing for payments under this Policy to be made.
- Notice of Claim: Written notice of claim must be given no later than thirty (30) days from the date of the loss incident. Failure to give notice within (30) days from the date of the loss incident may result in a denial of the claim. Notices should be sent to the following:
AIG Insurance Hong Kong Limited
Claims Department 46/F One Island East, 18 Westlands Road, Island East, Hong Kong. Tel: 852-3666 7008
Languages Supported: English/Cantonese
Call Centre Hours: 9 am to 5 pm Monday to Friday (except Public Holidays)
- Coverage Conditions
- The Cardholder must cooperate with us and help us enforce any legal rights which the Cardholder of the Insurance may have in relation to the Cardholder’s Identity Theft. This may include the Cardholder having to attend depositions, hearings and trials, and giving evidence as necessary to resolve the Identity Theft.
- Evidence of any false charge or withdrawal from the unauthorized opened bank account and or credit account must be submitted by the Cardholder, or the issuing financial institution, to the Insurer.
- Coverage for Section II.3, “Obligation to pay” is limited to the amount the Cardholder is held liable for by the financial institution.
- Duties after Loss
In the event of a covered loss, the Cardholder must:
- Call the Insurer within 24 hours of discovering his/her Identity Theft, to obtain a claim form and instructions on what to do after a loss;
- File a police report within 24 hours of discovering his/her Identity Theft;
- Inform all appropriate qualified financial institutions (including, but not limited to, credit card company or bank) of his/her Identity Theft within 24 hours of discovering the Identity Theft;
- Complete, sign and return the claim form to the Insurer with the following documents, within 30 days after he/she report a loss under this Section:
- all other relevant documents the Insurer may ask the Cardholder to provide; and
- copies of any demands, notices, receipts, summonses, complaints, or legal papers in connection with a covered loss; and
- proof that it was necessary for the Cardholder to take time away from his/her work if a claim is made for lost wages under Section 1.2, “Lost Wages”. The Insurer will ask the Cardholder to submit written proof from his/her employer that he/she took unpaid days off;
- original receipts of the Cardholder’s expenses incurred to resolve his/her identity theft, up to 12 months after the Cardholder reports a loss under this section, point a) above;
- credit reports, when the Cardholder contests the accuracy or completeness of any information contained in his/her credit history as a result of his/her Identity Theft;
- the Cardholder’s financial reports, including, but not limited to bank statements, as necessary to enable the Insurer to complete investigation;
- an authorization for the Insurer to obtain the Cardholder’s records and other information, such as credit reports (if applicable);
- Take all reasonable and prudent action to prevent further damage to your identity; and
- Cooperate with the Insurer in investigating, evaluating and settling a claim.
SECTION 4 - LIMITS OF LIABILITY
Per Occurrence : The Insurer’s liability under this Part D for any one incident shall not exceed the limit stated in the policy schedule
Aggregate : The total of all benefits paid or payable under this Part D to a Cardholder while this Policy is in force in connection with any particular coverage under this Part D shall not exceed the limit stated in the Schedule of Benefits under this Part D Deductible: Subject to the policy limits that apply, the Insurer will pay only that part of the total of all covered loss that exceeds the deductible amount shown in he Schedule of Benefits under this Part D.
In the event of any discrepancy between the English and Chinese version of this document, the English version shall prevail. Copyright in this Policy is reserved. No part of this Policy may be reproduced in whole or part without the express consent of AIG Insurance Hong Kong Limited.