Throughout this document, "You" and "Your" refer to the policyholder named on the Declaration Page. "We", "Us", and "Our" refer to Virginia Surety Company, Inc. In addition, when in bold certain words and phrases are defined as follows:

Accidental Damage means an unintentional single event causing damage to the Hearing Instrument where it no longer performs its normal operation(s) as defined by the manufacturer.

Administrator means ESCO. You may contact the Administrator if You have questions regarding this coverage or would like to make a claim. The Administrator can be reached by phone at 1-800-992-3726, mail at 3215 Fernbrook Lane, Plymouth. MN 55447, or website at www.earserv.com.

Hearing Instrument means a digital, analog, linear, programmable or non-programmable hearing device, hearing aid, speech processing hearing instrument(s) as specified on the Declaration Page.

Loss means Accidental Damage or Lost.

Lost means the involuntary loss of possession of Your Hearing Instrument(s) by accident or forgetfulness and when its whereabouts are not known, cannot be recovered, and it is not likely that Your Hearing Instrument will be recovered or found.

Policy means this document. It describes the terms, conditions, and exclusions that apply to each benefit. The Policy is the entire agreement between You and Us. Representations or promises made by anyone that are not contained in this document are not a part of Your benefits. This Policy also includes any endorsements, riders, and amendments that are subsequently issued or attached.

Policy Term means the term of coverage indicated on the Declaration Page. This Policy will end on the Policy Expiration Date indicated on the Declaration Page.

This Policy is issued on the basis of Your application, and in return for Your payment of the required premium. Accordingly, We will provide coverage, as described herein, for Your Hearing Instrument(s) due to a Loss during the Policy Term.

We will not pay, the authorized facility, more than the required cost to repair or replace Your Hearing Instrument(s) for a covered Loss.

If repairs or replacements are made that the Administrator has not authorized, We will not pay the authorized facility for the repair or replacement.

Through the Administrator, We will repair or, at Our discretion, replace the Hearing Instrument(s), due to a Loss, that occurs during the Policy Term. Parts will be replaced with those of like kind and quality (We cannot guarantee to match exact color, material, brand, size, or model), and may be new or remanufactured. If there is a Loss, Your Hearing Instrument(s) will not be upgraded.

If a replacement is needed, Your Hearing Instrument will be replaced with a hearing instrument of like kind and quality, as determined by the Administrator. Replacement occurs when:

In the event that a covered Hearing Instrument(s) shown on the Declaration Page is replaced, the coverage for that Hearing Instrument(s) will automatically terminate. No coverage is provided on the replacement. All premium under that portion of the Policy is considered earned on the replacement and no refund of the unearned premium is due.

If a Loss to a Hearing Instrument(s) is not covered under this Policy, it will be Your responsibility to pay the cost for the diagnostic teardown as well as any other costs.

We do not cover Loss directly or indirectly caused by, or resulting from, contributed to, or made worse by any of the following. Additionally, the causes of Loss, whether or not dominate, are not insured under this Policy even if a covered cause of Loss contributes concurrently or in sequence to the Loss or damage of Your Hearing Instrument.

1.	War, including undeclared war; civil war; insurrection; rebellion; warlike act by military force or military personnel; destruction, seizure, or use for a military purpose, including any consequence of these. Discharge of a nuclear weapon shall be deemed a warlike act even if accidental.
2.	Nuclear hazard, meaning any weapon employing atomic fission, fusion, or other radioactive force or nuclear reaction, radiation, or radioactive contamination from any other cause except that direct loss by fire resulting from the nuclear hazard is covered.
3.	Illegal acts by You, meaning acts of contraband, illegal transportation, or trade.
4.	Any breakdown of a Hearing Instrument due to mechanical or electrical failure of the Hearing Instrument to perform its normal operation(s) as defined by the manufacturer.
5.	Wear and tear or gradual deterioration of the of Hearing Instrument(s), such as corroded or malfunctioning components due to ear wax or moisture buildup.
6.	Latent defect, error or omission in the design, specification, or a faulty material/ construction/assembly.
7.	Malfunctions caused by changes to the ear, or changes in the ear canal that may result in, but not limited to remaking or re-casing due to a poor or improper fit.
8.	Delay, loss of use, or any other indirect or consequential loss or damage.
9.	Deliberate, negligent or intentional acts committed.
10.	Fraudulent, dishonest, or criminal acts committed alone or in collusion with others by You.
11.	Any medical charges, including but not limited to, those incurred in connection with the implanting or explanting of Hearing Instrument(s).
12.	Personal or bodily injury or sickness due to the use of the Hearing Instrument(s).
13.	Damages claimed for any Loss, cost, or expense incurred by You or others due to withdrawal, recall, inspection, repair, replacement, adjustment, removal and/or disposal of the Hearing Instrument(s) by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it.
14.	Loss during the manufacturer's warranty.
15.	Loss while in the care, custody, or control of a third party including, but not limited to, the Hearing Instrument(s) while in transit to or from the third party.
16.	Any reduced performance or efficiency of the Hearing Instrument(s) that does not result in a Loss.

In case of a Loss to which this insurance may apply, You must see that the following duties are performed;

1.	Protect the Hearing Instrument(s) from further Loss and take all reasonable steps possible to minimize the Loss.
2.	Notify the police and make a report, when warranted, such as in cases of theft, attempted theft, vandalism, or malicious mischief.
3.	Report the loss promptly to the Administrator, but no later than ninety (90) days from the date of loss.
4.	File with the Administrator a detailed proof of loss (on the claim form provided to You by the Administrator) within sixty (60) days from the date You report the loss, including the following: a) A signed and completed claim form. b) If the loss was caused by or resulting from theft or vandalism, a copy of the police report filed with the appropriate law enforcement officials (or if the report is not reasonably available, the report number). c) Any other documentation that may be reasonably requested by the Administrator to validate a claim.
5.	Repairs or replacements must be made through an authorized facility (contact the Administrator for an authorized facility). If repairs or replacements are made that the Administrator has not authorized, We will not pay the authorized facility for the repair or replacement.

Coverage can be:

a.	Cancelled by You at any time by sending written notification to the Administrator. If You cancel Your coverage, We will refund any unearned premium.
b.	Cancelled by Us or Our designated representative for the following reasons: i. Non payment of premium; ii. Misrepresentation and Fraud (see below); iii. The Department of Insurance determines that the Policy would result in a violation of their law. If We cancel coverage, We will send You written notification at least thirty (30) days in advance of cancellation for non-payment of premium and at least sixty (60) days in advance of cancellation for any other reason.
c.	Non-renewed by Us. We will send You written notification at least sixty (60) days in advance of the expiration of coverage.

Claims: Benefits under the Policy for any Loss will be paid, to the authorized facility, upon receipt of due proof of loss and all required information necessary to support the claim.

Dispute Resolution - Arbitration: The Policy requires binding arbitration if there is an unresolved dispute between You and VSC concerning the Policy (including the cost of, lack of or actual repair or replacement). Under this Arbitration provision, You give up Your right to resolve any dispute arising from the Policy by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

To start arbitration, either You or VSC must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. You and VSC will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and VSC. Unless otherwise agreed to by You and VSC, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under the Policy. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Policy and all transactions contemplated by the Policy, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Policy.

Legal Actions: No action at law or in equity shall be brought to recover under the Policy prior to the expiration of sixty (60) days after proof of loss has been furnished in accordance with the requirements of this coverage.

Misrepresentation and Fraud: Coverage for You may be cancelled if, whether before or after a Loss, You have concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You therein. Coverage may also be cancelled if You commit fraud or false swearing in connection with any of the above.

Other Insurance: Coverage is secondary to any other applicable insurance or indemnity available to You. Coverage is limited to only those amounts not covered by any other insurance or indemnity. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.

Subrogation: If payment, to the authorized facility, is made under the Policy, We are entitled to recover such amounts from other parties or persons. You must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from You.