Copyright © 2020 All rights reserved
Please read this Terms of Use Agreement (the “Terms”) carefully. These Terms govern your access to www.wheelertaylor.com (the “Site”), as well as our products and our services (“Services”), all of which are owned and operated by Wheeler & Taylor, Inc (together with any one or more of its affiliates or subsidiaries, “Wheeler & Taylor,” “we,” “us” or “our”). Please read these Terms carefully before using our Services, as they constitute a legal contract between you and us. Your use of this Site constitutes your agreement to be bound by these Terms.
By accessing or using our Site or any of our Services, you hereby agree to these Terms, and you warrant that you are at least 18 years of age or the age of majority in your jurisdiction.
These Terms are in effect as of the date listed above. We reserve the right to modify these Terms from time to time and we will notify you of any material changes to these Terms via e-mail or other communication means. Your continued use of the Site or Services after any such changes constitutes an acceptance of the amended Terms, and you should continue to check this page for updates.
The Services described on the Site are intended for and are limited to users in the United States, and may be further limited based upon product approvals and other regulatory considerations. We reserve the right to determine eligibility.
If you do not agree to the Terms or to the Privacy Policy, you may not use the Site or our Services.
The content on the Site includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, trade names, service marks, logos, information obtained from Wheeler & Taylor’s licensors and other materials (“Content”). Title to the Content on the Site is owned by Wheeler & Taylor, Inc. You will not: (i) copy or use any aspect of the Site or the Services or any Content contained therein for purposes other than your own personal use and/or non-commercial use; (ii) sell, transfer, assign, license, sublicense or modify the Services for any public or commercial use; or (iii) use our trademarks, service marks or logos without our written consent in each instance. You may print or download a single copy of the materials obtained from the Site for your personal and/or non-commercial use provided that you do not remove any Wheeler & Taylor copyright, trademark, service mark, or other legal notices.
Except as expressly permitted on the Site, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. No graphics, photographs or other visual elements obtained through the Site may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or Wheeler & Taylor. You are not permitted to use the materials on the Site except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Site. You may not, without Wheeler & Taylor’s written permission, “mirror” any Content contained in the Site on any other server.
The Site may be made available or accessed in connection with third party services and content (including advertising) that Wheeler & Taylor does not control. Our Site may contain links to other websites provided by third parties. Please be aware that we do not control this third party content, including third party websites or any of the content contained therein. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Wheeler & Taylor does not endorse such third party services and content and in no event shall Wheeler & Taylor be responsible or liable for any products or services of such third party providers. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites.
You do not need to register with us to visit the Site and access certain information. However, you will need to create an account in order to access certain password-protected areas of our Site and some of our Services. You hereby represent and warrant that the information you provide to us is truthful, accurate and current.
Your “Account Information” also refers to information you provide to us while submitting an application for a policy or in filing a claim. You also hereby represent and warrant that such information is fully truthful, accurate and current, and that you will ensure it remains so by making any necessary changes in a timely fashion.
You must create a password for your account. Responsibility for the confidentiality of your password rests solely with you, as well as for any use of the Site or any of our Services made using your login information and password. This password should be used only by you, should not be shared with anyone else, and may be changed by us for any reason at any time upon notice to you.
Any quotes we generate based upon information provided by you do not constitute a contract, or in any way a binding agreement to extend insurance coverage unless and until approved by the carrier and written confirmation is sent to you. Descriptions of coverage on the Site are merely explanatory and illustrative in nature and qualified by reference to the full terms and conditions of the applicable policy. In order to obtain insurance coverage, you must submit a complete application through our Site or our Services. Issuance of insurance will depend upon underwriting approval. Availability and coverages may vary by state.
In the event you submit a claim, any information you send to us with respect to a policy and the relevant loss is subject to our review and verification. We reserve the right to solicit further information before arriving at a determination of coverage.
In the process, a claim representative, whether an Wheeler & Taylor employee or a third-party contractor we have retained to assist us, may contact you to discuss your claim.
Wheeler & Taylor gathers data containing information about its clients and their insurance placements, including, but not limited to, names, industry codes, policy types, and policy expiration dates, as well as information about the insurance companies that provide coverage to its clients or compete for its clients’ insurance placement. This information is maintained in one or more databases.
Wheeler & Taylor may use or disclose information about its clients, if required to do so by law, Wheeler & Taylor policy, pursuant to legal process or in response to a request from law enforcement authorities or other government or regulatory office.
Due to the nature of services provided by Wheeler & Taylor, the personal information provided may be transferred, used, stored and otherwise processed outside the jurisdiction where the information was submitted.
For more information regarding Wheeler & Taylor’s data privacy practice, please see Wheeler & Taylor’s Privacy Policy.
Wheeler & Taylor and or its affiliates may provide retail, wholesale and reinsurance brokerage, risk management, underwriting, [captive management] and benefits consulting and may receive remuneration as commission or fees paid by an insurer; fees paid by a client in lieu of, or in addition to, commissions; and investment income on premiums; claim payments and return premiums temporarily held as fiduciary funds. In certain circumstances, one or more of these affiliates may also receive compensation in the following forms: commission or fees paid to reinsurance brokerage [or captive management companies] for placement or management of reinsurance of a client’s risk; commission or fees paid to a wholesale broker to which a risk has been referred for placement; commission or fees for premium financing; and compensation paid by underwriters for performance of technical or other services.
You acknowledge and agree that the Site, the Services, and all Content are provided, to the maximum extent of the law “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Wheeler & Taylor makes no warranty as to the accuracy, completeness, or reliability of any Content available through the Sites. You are responsible for verifying any information before relying on it. Use of the Site and the Content available on the Site is at your sole risk. We make no representations or warranties that use of the Site or Content on the Site will be uninterrupted or error-free.
To the maximum extent permitted by law, Wheeler & Taylor disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation punitive, exemplary, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, the Services, the Content, or any third party user generated content available on or through the Site, regardless of the type of claim or action, even if Wheeler & Taylor has been advised of the possibility of such damages. We will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use the Site, the Services, or any Content.
To the extent that Wheeler & Taylor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Wheeler & Taylor liability will be equal to the amount the user paid to access the Site or the minimum amount permitted under such applicable law.
You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and agents harmless from and against any claims, damages, demands, obligations, losses, liability and expenses, including reasonable attorneys fees, arising from: (i) your use of the Site or the Services; (ii) any breach of these Terms; and (iii) any violation by you of any third-party right, including without limitation any copyright, property, publicity or privacy right. This includes all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any modification or termination of these Terms and your use of the Services.
We may terminate these Terms and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We retain the right to amend, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability. We also reserve the right, in our sole discretion, to modify the Site or the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site or the Services will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. If you do not close your account you will be deemed to have accepted the changes.
We operate the Site in the United States, as may be further limited from time to time. We make no representation that the Site or Content or other material or information on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws. Access to the Site will not constitute an offer in jurisdictions in which it would be illegal to make such an offer and in such circumstances it will be deemed to have been sent for information purposes only.
All claims arising out of these Terms or relating to the Site will be governed by the laws of the State of Connecticut, excluding the application of its conflicts of law rules. Any action arising out of these Terms or this Site shall be litigated only in courts located in the State of Connecticut, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. Notices to you may be made via a posting to the Site, by email, or by regular mail, in our discretion. These Terms set forth the entire understanding and agreement between you and Wheeler & Taylor with respect to the subject matter hereof.
If you have any questions about these Terms of Service:
Wheeler & Taylor, Inc
333 Main Street
Great Barrington, MA 01230
413-528-1000
tblauvelt@wheelerandtaylor.com
Wheeler & Taylor receives compensation from insurance carriers based on the type and amount of insurance coverage sold and the amount of premium dollars paid.
At your request, we will provide further information about the compensation we expect to receive for your purchase of a specific insurance policy from us.
New York Insurance Law Section 2612 affords important protections for victims of domestic violence. This Law prohibits an individual, insurer or entity supervised by the New York Department of Financial Services, from undertaking any of the following actions solely because a person is or has been a victim of domestic violence: (i) refuse to issue or renew, deny or cancel any insurance policy or contract; (ii) demand or require a greater premium or payment from any person; (iii) designate domestic violence as a preexisting condition, for which coverage will be denied or reduced; or (iv) fix any lower rate or discriminate in the fees or commissions of agents or brokers for writing or renewing such a policy. Under no circumstances may the fact that has a person is or has been a victim of domestic violence serve as an underwriting criterion.
If you are covered by one of our policies and have an order of protection against a policyholder or other person covered by an Wheeler & Taylor policy, you may send us a copy of the order of protection and any alternative address, telephone number, or other method of contact that you would like us to use, to:
Wheeler & Taylor, Inc
333 Main Street
Great Barrington, MA 01230
413-528-1000
tblauvelt@wheelerandtaylor.com
The description of New York Insurance Law Section 2612 provided above is only a summary of the law. The complete text is available on the New York State Legislature’s website.
The New York State Office for the Prevention of Domestic Violence’s website has additional information and resources. To contact the New York State Domestic and Sexual Violence Hotline, please call (800) 942-6906.
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any material fact thereto, commits a fraudulent insurance act, and may be subject to fines, restitution, or confinement in prison, or any combination thereof.
The specific fraud warnings listed below are applicable in the following states: AL, AK, AZ, AR, CA, CO, DE, DC, FL, ID, IN, KY, LA, ME, MD, MN, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, TN, TX, VA, WA and WV. If you are located in one of these states, please take time to review the appropriate warning prior to submitting your application or claim.
ALABAMA: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.
ALASKA: Any 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.
ARIZONA: For your protection, Arizona law requires the following statement: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
ARKANSAS: 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 fines and confinement in prison.
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.
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 for the purpose of defrauding or attempting to defraud the 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.
DELAWARE: Any person who knowingly, and with 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.
DISTRICT OF COLUMBIA: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
FLORIDA: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
IDAHO: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement containing any false, incomplete, or misleading information is guilty of a felony.
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.
KENTUCKY: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or 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.
LOUISIANA: 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 fines and confinement in prison.
MAINE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
MARYLAND: Any person who knowingly and 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.
MINNESOTA: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
NEVADA: Any person who misrepresents or falisifies essential information requested on a health care claim form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.
NEW HAMPSHIRE: Any person who, with a 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 RSA 638:20.
NEW JERSEY: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
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.
NEW YORK: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or 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, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
OHIO: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
OKLAHOMA: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
OREGON: Any person who knowingly and with intent to defraud or solicit another to defraud an insurer: (1) by submitting an application, or (2) by filing a claim containing a false statement as to any material fact thereto, may be committing a fraudulent insurance act, which may be a crime and may subject the person to criminal and civil penalties.
PENNSYLVANIA: Any person who knowingly and with intent to injure or defraud any insurance company or other person files an application or claim containing any materially false, incomplete or misleading information commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
RHODE ISLAND: 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 fines and confinement in prison.
TENNESSEE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
TEXAS: 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.
VIRGINIA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
WASHINGTON: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.
WEST VIRGINIA: 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 fines and confinement in prison.
In order to evaluate your eligibility for insurance coverage with us and to determine the correct premium to charge you, we may order one or more reports provided by independent consumer reporting agencies.
These reports are necessary to verify information that you have provided us. Examples of reports include, but are not limited to, a Motor Vehicle Report (MVR), an insurance claim history report, and, where allowed by law, a credit score or an insurance score based on information contained in your credit report. We may use a third party in connection with the development of your insurance score.
All reports are kept strictly confidential. Where scores are used, they are masked and processed automatically in Wheeler & Taylor’s electronic underwriting algorithm to determine a risk tier used in calculating your premium. The information we obtain will be used only for underwriting purposes. We may access future reports in connection with an update, renewal, extension, cancellation, or non-renewal of your insurance coverage. Inquiries related to insurance products will not affect your credit score, as they are considered a “soft hit”.
Upon request, we will provide you with the name, address, and telephone number of any consumer reporting agency that furnishes us with your report. These consumer reporting agency scores do not take into account income, race, gender, religion, marital status, national origin or geographic location.
We will review your credit history when we are legally required to do so, or you may request a review once for every six-month policy term. Any adjustment in premium made pursuant to a change in your credit history will be reflected on your next renewal offer.
The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and disability.
The Americans with Disabilities Act prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation.
The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act.
State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by Federal law.
Under the terms of The Electronic Signatures in Global and National Commerce Act of 2000, you are providing consent to electronic transactions, including providing you with insurance policy documents electronically by submission of an application and payment of premium. You will receive all of your insurance policy documents from us electronically, as permitted by law. Insurance policy documents in electronic format will have the same contractual force and effect as insurance policy documents in paper format.
The notices or documents or categories of notices or documents that may be delivered by electronic means during the course of your relationship with us include the following:
Where any policy document or notice is required to be mailed by state law, you may also receive an electronic copy as a courtesy.
At any time, you may access insurance policy documents electronically. In order to access documents electronically, you must have: (i) a computer or smart device capable of connecting to the internet; (ii) internet service; (iii) a browser capable of viewing our website; (iv) an e-mail service account that allows you to read, write, and send e-mail; and (v) the ability to use hyperlinks to access other websites (collectively referred to as the “Technical Requirements”). You must have the Technical Requirements to download, display, print, and retain insurance policy documents in Adobe Portable Display Format. Once you purchase your policy, you will be given the opportunity to download a free copy of Adobe Reader so that you can view insurance policy documents in Adobe Portable Display Format. If you do not have the Technical Requirements, you cannot receive insurance policy documents electronically.
To access your online account, go to www.wheelertaylor.com and log in to your account with the e-mail address and password you provided when you created or updated your account. Your insurance policy documents will be accessible through your online account. To print any of your insurance policy documents from your online account, click the “print” button located on the page or in your browser frame. To download and save any of your insurance policy documents to your computer, open the insurance policy document by clicking on its hyperlink or icon and follow Adobe Reader’s directions for downloading and saving documents.
You may withdraw your consent to electronic transactions and communications at any time and begin receiving insurance policy documents in paper format. In addition, you may request paper copies of your electronic insurance policy documents at any time. Before you withdraw your consent to electronic transactions, including receiving insurance policy documents electronically, please be aware that, you can easily download, print, or email your insurance documents from the Wheeler & Taylor “My Account” website at www.wheelertaylor.com. If you elect to receive paper copies of insurance policy documents, you may, at any time in the future, request and consent to electronic transactions, including receiving insurance policy documents electronically.
To update information needed to contact you electronically (your email address), simply email us at tblauvelt@wheelerandtaylor.com, or call 1-413-528-1000, or log in to your account at www.wheelertaylor.com.
To withdraw your consent, please call us at 1-413-528-1000 or by email at tblauvelt@wheelerandtaylor.com with the following subject line: WITHDRAW ELECTRONIC CONSENT. The body of your e-mail must contain your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form and (b) your insurance policy to be sent to you in paper form.
Wheeler & Taylor reserves the right to charge you a fee, except where prohibited by law, of $10.00 for paper transmission of your insurance policy, any installment paper invoice and any policy endorsement or communication, if requested by you.
If you have any questions about these Terms of Service:
Wheeler & Taylor, Inc
333 Main Street
Great Barrington, MA 01230
413-528-1000
tblauvelt@wheelerandtaylor.com
Copyright © 2020 All rights reserved