Description of Coverage | WorldTrips
Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures
then in effect. Such claims shall be arbitrated on an individual basis only and the parties waive any right
or authority for any claims to be resolved in a class, consolidated, representative, collective or private
attorney general action or arbitration.
Instructions regarding how to commence an arbitration are
available on the JAMS website, located at https://www.jamsadr.com
.
The arbitration shall take place in
Houston, Texas or at the option of the party seeking relief, by telephone, online, or via written
submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of
one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator
within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the
arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will
be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The arbitrator shall have the authority to determine
arbitrability of any disputes arising out of or relating to this Master Policy. Nothing in this Section shall
prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction,
and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of
the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together
with all confidential information, all materials in the proceedings created for the purpose of the
arbitration and all other documents produced by the other party in the proceedings and not otherwise in
the public domain, save and to the extent that disclosure may be required of a party by legal duty, to
protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or
other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s
fees, to the prevailing party. This agreement to arbitrate does not apply to claims Members may have for
medical malpractice against their medical providers.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice
(“Notice”) to WorldTrips. The Notice must be postmarked no later than sixty (60) days after the last day of
your certificate period. The Notice must be mailed to: HCC Insurance Holdings, 13403 Northwest
Freeway, Houston, Texas 77040, to the attention of General Counsel. This procedure is the only
mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to
arbitrate has no effect on any other parts of this Master Policy, or any previous or future arbitration
agreements that you have entered into with WorldTrips.
Pre-Existing Medical Conditions
This policy does not cover charges, in whole or in part, resulting from, related to, arising from, or
necessitated by a pre-existing conditions, except and unless charges resulted directly from an acute
onset of pre-existing condition in which case the charges will be covered only according to the Terms of
the Acute Onset of Pre-existing Conditions provision.
Pre-existing Condition means any injury, illness, sickness, disease, or other physical, medical, mental,
or nervous disorder, conditions, disorder or ailment that, with reasonable medical certainty, existed at
the time of application or at any time during the 2 years prior to the effective date of this insurance,
whether or not previously manifested, symptomatic or known, diagnosed, treated, or disclosed to us
prior to the effective date, and including any and all subsequent, chronic or recurring complications or
consequences related thereto or resulting or arising therefrom.