Disclaimers and Disclosures

Terms and Conditions

Your OpenTrack policy is not intended to cover competition events. By agreeing to the below disclosures and paying the associated premium for your coverage, you are advising theOpenTrack, LLC to bind your coverage and charge your credit card.

Surplus Lines Notice: Physical Damage Insurance

This agreement is provided as surplus lines coverage under the Nonadmitted Insurance Act. Texas Insurance Company is rated "A Excellent" by A.M. Best. Texas Insurance Company is an approved, non-admitted carrier and is not licensed by nor under the supervision of the state department of insurance. If an approved, non-admitted carrier is found insolvent, the State Insurance Guaranty Fund will not respond.

Surplus Lines Notice: Liability Insurance

This agreement is provided as surplus lines coverage under the Non-admitted Insurance Act. Texas Insurance Company is rated "A Excellent" by A.M. Best. Texas Insurance Company is an approved, non-admitted carriers and are not licensed by nor under the supervision of the state department of insurance. If an approved, non-admitted carrier is found insolvent, the State Insurance Guaranty Fund will not respond.

Broker Disclosure

Client acknowledges theOpenTrack, LLC receives commission from the insurer for the sale of insurance to you. This charge is not part of any premium paid to any carrier and is non-refundable in the event of cancellation.theOpenTrack, LLC, as the insurance agent and administrator for this program, will receive certain compensation, including standard commission, from an insurer, intermediary or other third party as a result of the sale of insurance to you. Additionally, theOpenTrack, LLC , for its work in the role as administrator, may charge a program administration fee which compensates them for services performed, and related costs incurred, for the program participants. This charge is not part of any premium paid to any carrier and is non-refundable in the event of cancellation. All premiums are taxable. By agreeing to pay the quoted premium and directing theOpenTrack, LLC to bind coverage on your behalf, you also consent and agree to receive your insurance policy/coverage documents in an electronic format.

General Fraud Statement

Any person who knowingly has intent to defraud any insurance company, files an application for insurance containing any false information or purposely misleading information commits a fraudulent insurance act which subjects the person to criminal and civil penalties.

Policyholder Disclosure Notice of Terrorism Insurance Coverage

You are hereby notified under the Terrorism Risk Insurance Act, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term “act of terrorism” means any act or acts that are certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

Refund Policy

Annual Policies
OpenTrack’s Annual policies are fully earned at inception. Midterm cancellations will not result in prorated refunds.

On Demand Policies
OpenTrack’s On Demand policies are non-refundable- however, may be moved to a different date. This must be done prior to 12:01 am on the day of policy inception. You can move your policy to another date (up to 30 days out from your policy’s current effective date) by logging into your account and selecting “Request Change” from your policy page. If your event was cancelled the morning of, you can request to have your policy moved to a different date by emailing a letter from the event organizer showing the event never took place to support@opentrack.com.

Payment Terms, Cancellation for Non-Payment Policy and Penalties

For Annual Policies:

When purchasing an Annual policy, you may choose to pay-in-full at the time of checkout or select a monthly payment option. If you select to pay monthly, you are still committing to pay the full annual premium, taxes and fees as presented during the purchase process.

If you select the monthly payment option, you will pay first and last months installment at the time of checkout, with 10 subsequent preauthorized payments to be automatically withdrawn from the Bank or Credit Card company provided at the time of original purchase, each month for 10 consecutive months, on the same day of the month as the original payment. No payment is made in the 12th month of the policy.

Should any pre authorized payment not be honored by the on-file Bank or Credit Card Company, a Failed Payment Alert email will be sent within 24 hours of original failed payment due date and an updated form of payment will be required; non-pay policies will result in policy cancellation 20 days thereafter.

If no successful payment is made by the cancellation date, and the policy(s) cancels for nonpayment, the following will take immediate effect on your account: 1) you will no longer be eligible for the monthly payment option if you attempt to purchase an annual policy(s); 2) you will no longer be eligible to purchase daily policies from OpenTrack.

OpenTrack reserves the right to refuse coverage altogether for individuals whose policy(s) cancelled for nonpayment.

Post Claim Rules

If you have a claim with OpenTrack, moving forward you will be subject to minimum vehicle deductible of 15% and a 20% surcharge to base premium for 24 months. If you have a second claim with OpenTrack, you will no longer be eligible for coverage.

State Fraud Statements

Fraud Warning: 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. Please see state specific fraud language below:

Applicable in AL, AR, DC, LA, MD, NM, RI, and WV:

Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or 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. *Applies in MD Only.

Applicable in CO:

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.

Applicable in FL and OK:

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)*. *Applies in FL Only.

Applicable in KS:

Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.

Applicable in KY, NY, OH, and PA:

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 subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only.

Applicable in ME, TN, VA, and WA:

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 and denial of insurance benefits. *Applies in ME Only.

Applicable in NJ:

Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

Applicable in OR:

Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law.

Applicable in PR:

Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.

2019 Source: ACORD 125/88 Forms

Electronic Delivery and Signature Consent Disclosure

Applied Underwriters, known collectively as “Company,” is providing You with the opportunity to receive electronic delivery of any available insurance related documents, notices, billing and policies relating to coverage You now have, may apply for or may later have. For the purposes of this Consent, “You or Your” shall mean the Named Insured, Prospective Named Insured, Customer or Client and refers to the person, legal entity or authorized representative of the Named Insured. Insurance Producers authorized by You, must be licensed and appointed by the Company to complete this form on Your behalf. The purpose of this consent is to ensure that You are fully aware of the consequences of agreeing to receive and sign documents electronically. “Electronic documents” include all electronic documents we may send to You, including documents You may complete via web page and save on Your computer or attach to e-mail. An “Electronic Signature” includes any mark, symbol, sound or process that is written, stamped, engraved, attached to or logically associated with an electronic document and executed by a person with the intent to sign.

You have the following rights:

Right to Receive Paper Documents: You have the right to receive any document provided in paper or non-electronic form. If You want a paper copy of any document, please contact the Company. There is not a fee.
Right to Withdraw Consent. You have the right to withdraw Your consent to receive documents electronically by contacting the Company. The legal validity and enforceability of the electronic documents, signatures and deliveries used prior to withdrawal of consent will not be affected. In other words, all prior electronic deliveries shall be fully valid and enforceable.
Changes to Your E-Mail Address. You should keep the Company informed of any change in Your electronic or e-mail address. Please contact the Company as soon as possible if there are any changes.
Your Ability to Access Disclosures. By agreeing to this consent, You acknowledge that You can access and retain the electronic documents. The hardware and software required is an email address, a document reader and access to a computer or a device that can access the internet. To retain the notices or documents, you must have the ability to retain the notices or documents delivered by electronic means, which means access to a printer and/or the ability to download the notices or documents to a hard drive or an external media storage device.
Unless required by law, all notices, disclosures, authorizations, acknowledgements and other ‎documents relating to coverages You may have with us may be provided to You in electronic ‎form. We may still send some notices to You in paper at Your regular mailing address. For ‎this reason, it is important that You inform us of any changes to Your regular mailing address. ‎
Your rights relating to insurance we provide to You may be dependent on when You receive ‎certain information from us. You are considered to have received information from us when ‎we notify You at Your email address alerting You that the information is waiting for You at ‎Your secure mailbox at the web portal or as posted on our website, as designated in the ‎email we would send to You.‎
If the law requires us to provide to You particular information in writing, we may provide that ‎information instead by alerting You by email that the information is waiting for You at Your ‎secure mailbox at the web portal or as posted on our website, as designated in the email we ‎would send to You.‎

The Company may utilize the services of third-party service providers to facilitate electronic delivery of Electronic documents.

Last Updated: June 19th, 2023