PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance provided under the following: EVENT PROTECTION INSURANCE POLICY Under FREE LOOK, the following is added: We may not cancel this Policy solely because you are an elected official. Under GENERAL PROVISIONS, the LEGAL ACTION provision is deleted in its entirety and replaced with the following: LEGAL ACTION: No legal action may be brought to recover on this policy within two years and one day from the date the cause of action first accrues. Under GENERAL PROVISIONS, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if you, a companion, or immediate family member in the proof of loss, fraudulently misrepresented a fact material to our liability under the policy, which misled us and caused us to waive or lose a valid defense to the policy. Under CLAIM PROVISIONS, PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant must send to our designated representative or us written Proof of Loss no later than 90 days beginning from the date that our designated representative or we request such proof of loss. Under CLAIM PROVISIONS, TIME OF PAYMENT OF CLAIMS is deleted in its entirety and replaced with the following: TIME PAYMENT OF CLAIMS: Benefits for loss covered by this policy will be paid within five business days after you have been notified that payment of the claim will be made. However, if payment of your claim or part of your claim is conditioned on your compliance with any terms of this policy, we will make payment within five business days after you have complied with such terms. The term "business day" means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. Under CLAIM PROVISIONS, PAYMENT OF CLAIMS the following is added: Within fifteen days after we receive written notice of claim, we will:
Appears in 1 contract
Samples: Event Protection Insurance
PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance arbitration provision shall also apply to any Claims (as defined below) brought by or against Apple Financing LLC, Apple Payments Inc., Apple Inc. or any of its affiliates ("Apple"). ACKNOWLEDGMENT OF ARBITRATION Your access to and use of Apple Pay Later and Services that may be offered to you through Apple Pay Later are provided under on the following: EVENT PROTECTION INSURANCE POLICY Under FREE LOOK, basis of the inclusion of the following is added: We may not cancel this Policy solely because arbitration provision. By accepting these Apple Pay Later Terms or using Apple Pay Later, unless you are an elected officialreject arbitration as provided below, you acknowledge that YOU ARE GIVING UP THE RIGHT TO LITIGATE CLAIMS (AS DEFINED BELOW) AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION. Under GENERAL PROVISIONS, the LEGAL ACTION provision is deleted in its entirety You hereby knowingly and replaced with the following: LEGAL ACTION: No legal action may be brought voluntarily WAIVE THE RIGHT TO BE HEARD IN COURT OR HAVE A JURY TRIAL on all Claims subject to recover on this policy within two years and one day from the date the cause of action first accruesthese Apple Pay Later Terms. Under GENERAL PROVISIONS, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if you, a companion, or immediate family member in the proof of loss, fraudulently misrepresented a fact material to our liability under the policy, which misled us and caused us to waive or lose a valid defense to the policy. Under CLAIM PROVISIONS, PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant must send to our designated representative or us written Proof of Loss no later than 90 days beginning from the date You further acknowledge that our designated representative or we request such proof of loss. Under CLAIM PROVISIONS, TIME OF PAYMENT OF CLAIMS is deleted in its entirety and replaced with the following: TIME PAYMENT OF CLAIMS: Benefits for loss covered by this policy will be paid within five business days after you have been notified that payment of the claim will be maderead this arbitration provision carefully, agree to its terms, and are entering into these Apple Pay Later Terms voluntarily and not in reliance on any promises or representations whatsoever except those contained in these Apple Pay Later Terms. HoweverHOW TO REJECT THIS ARBITRATION PROVISION YOU MAY REJECT THIS ARBITRATION PROVISION BY CONTACTING US USING MESSAGES, if payment of your claim or part of your claim is conditioned on your compliance with any terms of this policyCALLING US, we will make payment within five business days after you have complied with such termsOR WRITING TO US, AND STATING THE FOLLOWING: (I) YOUR NAME; (II) THE EMAIL ADDRESS YOU PROVIDED FOR APPLE PAY LATER; (III) THE ADDRESS YOU PROVIDED FOR APPLE PAY LATER; AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT THIS ARBITRATION PROVISION (A "REJECTION NOTICE"). The term "business day" means a day other than SaturdayYOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ENTERED THESE APPLE PAY LATER TERMS. IF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, Sunday or a holiday recognized by the state of TexasTHIS ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. Under CLAIM PROVISIONS, PAYMENT REJECTION OF CLAIMS the following is added: Within fifteen days after we receive written notice of claim, we will:THE ARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIES UNDER THIS ARBITRATION PROVISION OR THESE APPLE PAY LATER TERMS.
Appears in 1 contract
Samples: www.apple.com
PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance provided under is an official court notice from the followingUnited States District Court for the Western District of Michigan, Xxxx Xxxxxxxx and Xxxxxx Xxxxx x. Xxxxxx Media LLC, No. 1:16-CV-00960 Magazine Subscription Settlement Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: EVENT PROTECTION INSURANCE POLICY Under FREE LOOKPlease do not xxxx barcode WM – «ClaimID» «MailRec» «First 1» «Last 1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» WM This notifies you of a proposed settlement of a class action against Xxxxxx Media LLC (“Defendant”). Defendant’s records show you may be a member of a proposed settlement class. Plaintiffs claim, among other things, that Defendant violated Michigan law in connection with Defendant’s alleged disclosure of the following is added: We may personal information of Plaintiffs and others. Defendant has asserted defenses it believes would succeed at trial. In agreeing to settle, Defendant maintains it complied with the law and does not cancel this Policy solely because you are an elected officialadmit any wrongdoing. Under GENERAL PROVISIONSthe proposed settlement, Defendant will provide vouchers for Rolling Stone subscriptions or payments (not expected to exceed $10.00) to certain members of the LEGAL ACTION provision is deleted in its entirety and replaced with the following: LEGAL ACTION: No legal action may be brought proposed class. For details regarding those vouchers or payments, please visit xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. If you want to recover on exclude yourself from this policy within two years and one day settlement, you must send a written request specifically stating that you request exclusion from the date the cause of action first accrues. Under GENERAL PROVISIONSsettlement to Magazine Subscription Settlement, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if youSettlement Administrator, a companionP.O. Box , or immediate family member in the proof of lossCITY, fraudulently misrepresented a fact material to our liability under the policySTATE ZIP, which misled us and caused us to waive or lose a valid defense to the policy. Under CLAIM PROVISIONS, PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant must send to our designated representative or us written Proof of Loss postmarked no later than 90 days beginning from [MONTH & DAY] 201_. If you remain a class member, you may object to the date that our designated representative settlement by writing to Class Counsel no later than , 201_. Full details on how to object or we request such proof of loss. Under CLAIM PROVISIONS, TIME OF PAYMENT OF CLAIMS is deleted in its entirety and replaced with the following: TIME PAYMENT OF CLAIMS: Benefits for loss covered by this policy will exclude yourself can be paid within five business days after you have been notified that payment of the claim will be made. However, if payment of your claim or part of your claim is conditioned on your compliance with any terms of this policy, we will make payment within five business days after you have complied with such termsfound at xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The term "business day" means Court will hold a day other than Saturdayhearing on [MONTH & DAY], Sunday 201 , at XX:XX, to consider whether to approve the settlement. The Court will also consider whether to approve attorneys’ fees and costs as requested. You or your lawyer may ask to appear and speak at your own expense. A more detailed Notice and a holiday recognized by Claim Form are available at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The website also explains the state of TexasSettlement terms in more detail. Under CLAIM PROVISIONSYou may also write to Magazine Subscription Settlement, PAYMENT OF CLAIMS Settlement Administrator, P.O. Box , CITY, STATE ZIP to request the following is added: Within fifteen days after we receive written notice of claim, we will:more detailed Notice and Claim Form.
Appears in 1 contract
PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance provided under is an official court notice from the followingUnited States District Court for the Western District of Washington at Seattle Xxxxxxxx x. Xxxxxxxxx, No. 10-1859-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: EVENT PROTECTION INSURANCE POLICY Under FREE LOOKPlease do not mark barcode CW – «ClaimID» «MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», the following is added: We may not cancel this Policy solely because «ST» «Zip» «Country» CW This notifies you of a proposed settlement of three class actions against Clearwire. Clearwire’s records show you are an elected officiala member of the settlement Class. Under GENERAL PROVISIONSPlaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor service. Clearwire denies any wrongdoing and has asserted many defenses. In agreeing to settle, Clearwire does not admit any wrongdoing. As part of the LEGAL ACTION provision is deleted in its entirety and replaced with the following: LEGAL ACTION: No legal action may be brought proposed settlement, Clearwire will provide payments or credits to recover on this policy within two years and one day from the date the cause of action first accrues. Under GENERAL PROVISIONS, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if you, a companion, or immediate family member in the proof of loss, fraudulently misrepresented a fact material to our liability under the policy, which misled us and caused us to waive or lose class members who submit a valid defense claim form. For details on the calculation of the dollar amounts of these payments/credits, go to the policywww. Under .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM PROVISIONSFORM BY [MONTH & DAY], PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to our designated representative or us written Proof of Loss Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than 90 days beginning [MONTH & DAY], 2012. If you remain a Class Member, you may object to the settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or exclude yourself can be found at www. .com. The Court will hold a hearing on [MONTH & DAY], 2012, at XX:XX to consider whether to approve the settlement and award attorneys’ fees and expenses as requested, in an amount not to exceed $2 million. You or your lawyer may ask to appear and speak at your own expense, but you don’t have to. The full text of the Long-form Notice and a downloadable Claim Form are available at www. .com. The website also explains the Settlement terms in more detail. Call (1 ) or write to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP to request the Long-form Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims United States District Court for the Western District of Washington at Seattle If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlement. The United States District Court for the date Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that our designated representative Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or we request such proof forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of losswrongdoing in all three lawsuits. Under CLAIM PROVISIONSClearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, TIME OF PAYMENT OF CLAIMS which remain pending, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , 2012 (an “Eligible Claimant”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policies. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. Your Legal Rights and Options in this Settlement: Submit a Claim Form The only way to get a payment or credit under the settlement. Exclude Yourself Get no payment or credit under the settlement. This is deleted the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims in its entirety the case. Object Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. Go to a Hearing Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. Do Nothing Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and replaced with options—and the following: TIME PAYMENT OF CLAIMS: Benefits for loss covered by deadlines to exercise them. Questions? Call 1-xxx-xxx-xxxx toll free, or visit www. .com • The Court must decide whether to approve the settlement as part of the process described in this policy Notice. Payments or credits will be paid within five business days after you have been notified that payment made if the Court approves the settlement. What This Notice Contains Table of the claim will be madeContents Page BASIC INFORMATION. However, if payment of your claim or part of your claim is conditioned on your compliance with any terms of this policy, we will make payment within five business days after you have complied with such terms. The term "business day" means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. Under CLAIM PROVISIONS, PAYMENT OF CLAIMS the following is added: Within fifteen days after we receive written notice of claim, we will:Error! Bookmark not defined.
Appears in 1 contract
PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance provided under is an official court notice from the followingUnited States District Court for the Western District of Washington at Seattle Dennings v. Clearwire, No. 10-1859-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: EVENT PROTECTION INSURANCE POLICY Under FREE LOOKPlease do not xxxx barcode CW – «ClaimID» «MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», the following is added: We may not cancel this Policy solely because «ST» «Zip» «Country» CW This notifies you of a proposed settlement of three class actions against Clearwire. Clearwire’s records show you are an elected officiala member of the settlement Class. Under GENERAL PROVISIONSPlaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor service. Clearwire denies any wrongdoing and has asserted many defenses. In agreeing to settle, Clearwire does not admit any wrongdoing. As part of the LEGAL ACTION provision is deleted in its entirety and replaced with the following: LEGAL ACTION: No legal action may be brought proposed settlement, Clearwire will provide payments or credits to recover on this policy within two years and one day from the date the cause of action first accrues. Under GENERAL PROVISIONS, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if you, a companion, or immediate family member in the proof of loss, fraudulently misrepresented a fact material to our liability under the policy, which misled us and caused us to waive or lose class members who submit a valid defense claim form. For details on the calculation of the dollar amounts of these payments/credits, go to the policywww. Under .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM PROVISIONSFORM BY [MONTH & DAY], PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to our designated representative or us written Proof of Loss Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than 90 days beginning from [MONTH & DAY], 2012. If you remain a Class Member, you may object to the date that our designated representative settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or we request such proof of lossexclude yourself can be found at www. Under CLAIM PROVISIONS.com. The Court will hold a hearing on [MONTH & DAY], TIME OF PAYMENT OF CLAIMS is deleted 2012, at XX:XX to consider whether to approve the settlement and award attorneys’ fees and expenses as requested, in its entirety an amount not to exceed $2 million. You or your lawyer may ask to appear and replaced with the following: TIME PAYMENT OF CLAIMS: Benefits for loss covered by this policy will be paid within five business days after speak at your own expense, but you don’t have been notified that payment to. The full text of the claim will Long-form Notice and a downloadable Claim Form are available at www. .com. The website also explains the Settlement terms in more detail. Call (1 ) or write to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP to request the Long-form Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be madeentitled to benefits under a class action settlement. HoweverThe United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, if payment failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of your claim or wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, which remain pending, to refer the other two lawsuits to individual arbitration. As part of your claim is conditioned on your compliance the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with any terms of this policyoutstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , we 2012 (an “Eligible Claimant”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policies. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM The only way to get a payment within five business days after or credit under the settlement. EXCLUDE YOURSELF Get no payment or credit under the settlement. This is the only option that allows you have complied with such termsto ever be part of any other lawsuit against Clearwire about the legal claims in the case. The term "business day" means a day other than Saturday, Sunday OBJECT Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Get no payment or a holiday recognized by credit under the state of Texassettlement. Under CLAIM PROVISIONS, PAYMENT OF CLAIMS Give up rights. • This Notice explains these rights and options—and the following is added: Within fifteen days after we receive written notice of claim, we will:deadlines to exercise them.
Appears in 1 contract
PLEASE READ IT CAREFULLY. TEXAS AMENDATORY This endorsement modifies insurance provided is an official court notice from the United States District Court for the Western District of New York In re Xxxxxxx Kodak ERISA Litigation, Civil Action No. 12-06051-DGL «First1» «Last1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» This notice has been delivered to you to notify you of a proposed $9.7 million cash settlement of an ERISA class action. Records show that, between January 1, 2010 and March 31, 2012, you are or were a participant in the Kodak Employee Stock Ownership Plan (the “ESOP”), and or you are or were a participant in the Xxxxxxx Kodak Employees’ Savings and Investment Plan (the “SIP”) and that your SIP Plan account held investments in the Kodak Stock Fund. As a result, you may be entitled to a payment pursuant to a proposed class action settlement in In re Xxxxxxx Kodak ERISA Litigation, Civil Action No. 12-06051-DGL. In this case, the Plaintiffs claim that certain individuals and entities (collectively the “Defendants”) breached their fiduciary duties owed the ESOP and the SIP (together, the “Plans”), under the following: EVENT PROTECTION INSURANCE POLICY Under FREE LOOKEmployee Retirement Income Security Act of 1974 (“ERISA”) in connection with their administration of the Plans by continuing the Plans’ investment in the Kodak stock when Defendants knew or should have known based solely on publicly available information that Kodak stock was an imprudent investment option for the Plans. The Defendants deny any and all wrongdoing and have asserted many defenses, which they believe would have been ultimately successful. However, the following Parties have reached agreement to settle the dispute and the proposed Settlement is added: We may under review by the Court. As part of the proposed Settlement, qualified class members who are current participants in the SIP and who show a loss under the proposed Plan of Allocation will receive payment to their account(s) in the Plan(s). (Former participants will either receive payments directly or will have a new SIP Plan account established for receipt of their share of the Settlement, depending on the total amount of their net loss.) You do not cancel this Policy solely because you are an elected officialneed to do anything to receive a payment under the Settlement but your rights will be affected. Under GENERAL PROVISIONSThe Settlement includes a release of claims related to the administration of the Plans and the selection of investment options under the Plans. The Court will hold a Fairness Hearing on [MONTH & DAY], 2016, at XX:XX to consider whether to approve the Settlement, the LEGAL ACTION provision is deleted proposed Plan of Allocation, Plaintiffs’ Counsel’s application for up to one third of the Settlement Fund in its entirety attorneys’ fees and replaced approximately $ in expenses, and Case Contribution Awards for each of the plaintiffs who have been appointed by the Court to represent the class, which award shall not exceed $5,000 each. You cannot exclude yourself from the Settlement. You can, however, file written comments or objections with the following: LEGAL ACTION: No legal action may be brought to recover on this policy within two years Court and one day from appear and speak at the date the cause of action first accruesFairness Hearing at your own expense. Under GENERAL PROVISIONSTo do so, the MISREPRESENTATION AND FRAUD provision is deleted in its entirety and replaced with the following: MISREPRESENTATION AND FRAUD: There is no coverage for benefits if you, a companion, or immediate family member in the proof of loss, fraudulently misrepresented a fact material to our liability under the policy, which misled us and caused us to waive or lose a valid defense to the policy. Under CLAIM PROVISIONS, PROOF OF LOSS is deleted in its entirety and replaced with the following: PROOF OF LOSS: The claimant you must send to our designated representative or us written Proof of Loss submit your comments no later than 90 days beginning from [MONTH & DAY], 2016. Detailed instructions can be found on the date that our designated representative or we request such proof settlement website at www. .com, where you can also obtain a more detailed notice about the terms of lossthe Settlement and how the payments will be calculated, as well as the Settlement Agreement and related materials. Under CLAIM PROVISIONSAdditional information, TIME OF PAYMENT OF CLAIMS is deleted in its entirety and replaced including Plaintiffs’ Counsel’s application for attorneys’ fees, will be posted on the Settlement Website as they are filed with the followingCourt. You may also write to Kodak ERISA Litigation Settlement, c/o A.B. Data, Ltd., Settlement Administrator, PO Box 170500, Milwaukee, WI 53217 to request copies of these materials. This notice is only a summary. EXHIBIT B IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK IN RE XXXXXXX KODAK ERISA LITIGATION THIS DOCUMENT RELATES TO: TIME PAYMENT ALL ACTIONS MASTER FILE NO. 6:12-CV-06051-DGL NOTICE OF CLAIMS: Benefits for loss covered by this policy will be paid within five business days after you have been notified that payment CLASS ACTION SETTLEMENT To all members of the claim will be madefollowing class: All Persons who, at any time between January 1, 2010 and March 31, 2012 (the “Class Period”), (a) were participants in or beneficiaries of the Kodak Employee Stock Ownership Plan (the “ESOP”), and/or (b) were participants in or beneficiaries of the Xxxxxxx Kodak Employees’ Savings and Investment Plan (the “SIP”), and whose SIP Plan accounts included investments in the Kodak Stock Fund. However, if payment of your claim or part of your claim is conditioned on your compliance with any terms of this policy, we will make payment within five business days after you have complied with such termsPLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. The term "business day" means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. Under CLAIM PROVISIONS, PAYMENT OF CLAIMS the following is added: Within fifteen days after we receive written notice of claim, we will:A FEDERAL COURT AUTHORIZED THIS NOTICE.
Appears in 1 contract
Samples: Class Action Settlement Agreement