Arch Gap Insurance
Policy Sample
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GAP
INSURANCE POLICY SUMMARY OF TERMS
In
consideration of the cost shown on the reverse
side of this form and subject to the terms and
conditions of the policy, the
Insurer shall
pay the Insured for the deficiency balance
remaining due to Loss to the Covered Vehicle.
The policy shall serve as excess coverage over the
Primary Carrier's policy, and shall be
limited to Constructive Total Losses and
Unrecovered Theft losses only.
LIMITS OF
LIABILITY
The amount
we
will pay for the Covered Vehicle shall
not exceed the lesser of:
A.)
The amount
shown as the Maximum Limit of Liability on
the reverse side of this form; or B.) If
the Covered Vehicle is protected by a
Primary Carrier; the amount obtained by
subtracting the primary insurance settlement
including the primary insurance deductible from
the Unpaid Net Balance plus the amount of
the primary insurance deductible or the amount
shown as the Maximum Deductible Buyback on
the reverse side of this form, whichever is less:
or C.) If the Covered Vehicle is not
protected by a Primary Carrier; the amount
obtained by subtracting the Actual Cash Value
of the Covered Vehicle from the
Unpaid Net Balance.
We
will not
pay for any portion of the Unpaid Net Balance
that results from either the original
purchase/loan amount, with regard to loans and
installment sales contracts, or the total
capitalized amount, with regard to leases;
including all refundable items such as service
contracts, warranties, insurance, or other such
items; exceeding the percentage indicated on
the reverse side of this form as
Purchase/Loan/Lease Limit of a) the
Manufacturer’s Suggested Retail Price (MSRP) for
new vehicles or b) the then current National
Automobile Dealers Association (NADA), used car
guide’s average retail value.
DEFINITIONS
A. INSURED,
PURCHASER, BORROWER, LESSEE, YOU, YOUR:
The person
or persons identified as the
Purchaser/Borrower/Lessee on the reverse side
of this form.
B. COMPANY,
INSURER, WE, US, OUR:
The insurance company
named on the reverse side of this form.
C. COVERED
VEHICLE:
The vehicle which is
1) identified on the reverse side of this form and
2) which is principally garaged and used in the
United States and 3) that is not used for
Commercial Purposes; and 4) for which the cost
indicated on the reverse side of this form has
been paid to the Company.
D.
COMMERCIAL PURPOSES:
Carrying goods or
passengers for compensation. This includes, but is
not limited to, using a vehicle as a taxi, or for
livery or delivery services where compensation is
provided for those services, or other commercial
use. Share-the -expense car pools are not
considered a Commercial Purpose under this
policy.
E. PRIMARY
CARRIER:
The insurance company
that: 1) is used by you to provide physical
damage insurance on the Covered Vehicle for
Comprehensive and Collision for an amount not less
than its retail market value, or 2) provides
liability coverage to any person who has caused
the Covered Vehicle to incur a
Constructive Total Loss, and for which that
person is legally liable.
F.
CONSTRUCTIVE TOTAL LOSS:
A loss where the cost
to repair or replace the Covered Vehicle
would exceed the Actual Cash Value, as
determined by the Primary Carrier or as
determined by Us if the Covered Vehicle
is not protected by a Primary Carrier.
G.
UNRECOVERED THEFT:
A Covered Vehicle
reported as stolen to both the police and the
Primary Carrier, who have made every
effort, yet have failed, to find and return the
Covered Vehicle. A Covered Vehicle
improperly taken or secreted by any person in
lawful possession of the Covered Vehicle
shall not be deemed for the purposes of this
insurance, as an Unrecovered Theft loss.
H. UNPAID
NET BALANCE:
The amount owed by
You, resulting from early termination of the
Financing Contract, and subject to the terms and
conditions stated in the Financing Contract. This
amount may not include any non-refundable "dealer
reserve"; unearned interest; lease or loan
charges; late charges; any Delinquent Payments;
any uncollected service charges; refundable
prepaid taxes and fees; or any indebtedness of the
Purchaser/Lessee/Borrower arising prior to the
effective date of the instrument and included in
the initial instrument balance, which together
with the vehicle exceeds 120% of the MSRP/ACV;
other proceeds You may duly recover by
canceling insurance coverages, service contracts
or warranties; disposition fees, termination fees,
penalty fees, or other items built into or added
to the initial purchase/lease/loan balance.
I.
DELINQUENT PAYMENTS:
Any payment, as
described in the Financing Contract, which remains
unpaid for a period of more than ten (10) days
after the date stated in the Financing Contract.
Delinquent Payments will also include any
late charges or interest that have accrued due to
Financing Contract payments being past due.
J. ACTUAL
CASH VALUE:
The total amount paid
by the Primary Carrier, plus any physical
damage deductibles, in the event of a
Constructive Total Loss or an Unrecovered
Theft. However, if there is no collectible
primary physical damage or theft insurance in
effect at the date of loss, Actual Cash Value
shall mean the retail value of the Covered
Vehicle with appropriate adjustments for
mileage or optional equipment. The retail value
will be determined from the current, at date of
loss, National Automobile Dealers Association
(NADA), or its equivalent, official used car
guide.
K. ELIGIBLE
COLLATERAL
includes autos and
light trucks (up to 1 ton), motorcycles, all
terrain vehicles (ATV), snowmobiles and personal
watercraft (i.e., Jet Skis, Wave Runners).
Eligible Installment Sale Contracts/Loans/Leases
must have an original term of 84 months or less
and have a uniform monthly repayment term.
EXCLUSIONS
The
coverage does not apply to loss or damage a)
resulting directly or indirectly from any
dishonest, fraudulent, criminal, or illegal act or
arising from an intentional act committed by the
Purchaser/Borrower/Lessee; b) due to wear and
tear, freezing, mechanical or electrical breakdown
or failure; c) due to war, whether or not
declared, invasion, civil war, insurrection,
rebellion or revolution; d) due to confiscation;
or e) resulting from the vehicle being operated,
used, or maintained in any race, speed contest, or
other contest. The policy also does not apply to
any vehicle used for Commercial Purposes,
if the loan or lease’s first payment is greater
than 60 days from loan origination or if the loan
or lease includes a "Balloon" payment.
CLAIMS
REPORTING
You must
file your potential claim for loss with your
lender/lessor or dealer as soon as practicable.
For each loss,
You must
subsequently complete a claim report, on a form
approved by your lender/lessor or dealer, which
must include, but is not limited to, the following
information:
1) a copy
of the primary insurance settlement and check; 3)
a copy of the police report in the case of an
Unrecovered Theft;
2)
verification of the primary insurance deductible;
4) a calculation by the Lender/Lessor of the
Unpaid Net Balance.
Published 11/16/2006
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Please have the date your car or
truck was purchased, total purchase price of the vehicle, amount
financed, annual percentage rate (Not to exceed 12.5 APR) name
and address of Lender, vehicle year, make, model.
Gap Insurance is available in all states except:
CT, LA, NH, NM, NY, VA, VT, WA


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For
your convenience when ordering Gap Insurance coverage please have
the following information available;
Date your car or truck was
purchased
Vehicle year, make, model
Total purchase price of the vehicle
Amount financed
Annual Percentage Rate (Not to exceed 12.5 APR)
Name and address of Lender |