ADDITIONAL CONSENT FOR CHUBB MOBILE ESTIMATE
1. Electronic Communication Consent
By using the Chubb® Mobile Estimate service, you agree and consent to the use of electronic transaction and the receipt of an electronic version of an estimate to repair your vehicle.
You specifically acknowledge, as part of your acceptance of the terms of this Agreement, that certain of the documents to be delivered electronically will contain confidential information and information regarding your personal financial matters (“Personal Financial Information”) and other personally identifiable information; and Consent to the delivery of such confidential information, Personal Financial Information and personally identifiable information by the electronic means specified in this Agreement. The consent that you grant in this Agreement shall remain in effect until withdrawn by you. Below please find the California Consumer Privacy Act (“CCPA”) “at collection” privacy notice for California residents, which provides you with specific information regarding the CCPA, the information Chubb collects about you and how Chubb uses that information.
If you choose not to use the Chubb® Mobile Estimate Service, you may contact your claim adjuster in order to complete your claim process.
While using the Chubb® Mobile Estimate Service, please limit your submissions to the following: (a) a photograph of your current odometer reading; (b) a photograph of your Vehicle Identification Number (“VIN”); (c) photograph(s) and/or video(s) of the damage to your vehicle; and (d) a brief text description of the damage to your vehicle. Please do not include any personal information about you, or any other person, in the photographs, videos or text you submit to the Chubb® Mobile Estimate service. We will share everything you submit through the Chubb® Mobile Estimate service unedited, with other necessary parties to obtain an estimate.
2. Age Restriction
By using The Chubb® Mobile Estimate service you assert that you are at least the age of thirteen (13) and located in the U.S.
Pursuant to your state of residence you understand and acknowledge as follows:
Applicable in Arizona – A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.
Applicable in Alaska, Arkansas, District of Columbia, Kentucky, Louisiana, Maine, and Tennessee – Any person who knowingly and with intent to injure, defraud, or deceive any insurance company or another person, files a statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact, material thereto, commits a fraudulent insurance act, which is a crime, subject to criminal prosecution, civil penalties, and/or restitution fines. In ME, DC, LA, and TN, please note that insurance benefits may also be denied.
Applicable in California – Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Applicable in Colorado – It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
Applicable in Delaware and Idaho – Any person who knowingly and with the intent to injure, defraud, or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.
Applicable in Florida – Pursuant to Florida Insurance Code §817.234, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree, punishable as provided in Florida Insurance Code §775.082, §775.083, and/or §775.084.
Applicable in Indiana – A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.
Applicable to Maryland and Rhode Island – Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Applicable in Minnesota – A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
Applicable in New Hampshire – Any person who, with purpose to injure, defraud, or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud as provided in New Hampshire Regulation §638:20.
Applicable in New Jersey – Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
Applicable in New Mexico – ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
Applicable in New York – Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.
4. Terms Required by Apple Inc.
If you are using the iOS version of the Chubb® Mobile Estimate service, the following terms are applicable to you:
a. This Agreement is between you and Licensor only, and not with Apple Inc. (“Apple”). Licensor is solely responsible for the Chubb® Mobile Estimate service in accordance with the terms of this Agreement.
b. The license granted for the Chubb® Mobile Estimate service is a non-transferable license to use the Chubb® Mobile Estimate App Application on any Apple-branded smartphone that you own or control (provided that it meets the system requirements of Licensor) and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed, acquired, and used by other associated accounts via Apple’s Family Sharing or volume purchasing.
c. Apple has no obligation to provide maintenance and support for the Chubb® Mobile Estimate service. If you encounter any issues related to your use of the Application, you may report such issues to CHUBB by calling 1-800-CLAIMS-0 (1(800) 252-4670).
d. In the event of any failure of the Chubb® Mobile Estimate service to comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Chubb ® Mobile Estimate service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Chubb ® Mobile Estimate service, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty shall be the sole responsibility of the Licensor.
e. Apple shall not be responsible for addressing any claims by you or any third party relating to the Chubb® Mobile Estimate service or to your possession and/or use of the Chubb® Mobile Estimate service, including but not limited to (i) product liability claims, (ii) any claim that the Chubb® Mobile Estimate servicefails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
f. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Chubb ® Mobile Estimate service, or your possession and use of the Chubb® Mobile Estimate service, infringes a third party’s intellectual property rights.
g. You represent and warrant that (i) the Chubb® Mobile Estimate ervice will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Apple and its subsidiaries are third-party beneficiaries of Agreement, and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.