I have read and understand this Fraud Notice
MANDATORY: ALL APPLICANTS must read the following statement carefully unless in a state listed below:
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, which may include voiding of the policy if allowed by
state
law
ALL ALABAMA APPLICANTS:
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.
ALL ARKANSAS APPLICANTS:
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.
ALL COLORADO APPLICANTS:
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 with regard to a settlement or award payable from insurance
proceeds shall be reported
to the Colorado Division of Insurance within the Department of Regulated Agencies.
ALL DISTRICT OF COLUMBIA APPLICANTS:
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.
ALL FLORIDA APPLICANTS:
Any person who knowingly, and with intent to injure, defraud, or deceive any insurance company, files a
statement of a claim
containing false, incomplete or misleading information is guilty of a felony of the third degree.
ALL GEORGIA APPLICANTS:
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.
ALL HAWAII APPLICANTS:
For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a
loss or benefit is a
crime punishable by fines or imprisonment, or both.
MANDATORY: ALL KANSAS APPLICANTS must read the following statement carefully:
An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act. A
fraudulent insurance act is committed by 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, electronic, electronic impulse, facsimile, magnetic, oral, or
telephonic communication or 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.
ALL KENTUCKY APPLICANTS:
Any person who knowingly and with intent to defraud any insurance company or other person files an application
for insurance
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.
MANDATORY: ALL LOUISIANA APPLICANTS must read the following statement carefully:
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.
ALL MAINE APPLICANTS:
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.
ALL MINNESOTA APPLICANTS:
No oral or written misrepresentation made by the insured, or in the insured's behalf, in the negotiation of
insurance, shall be
deemed material, or defeat or avoid the policy, or prevent its attaching, unless made with intent to deceive and
defraud, or unless
the matter misrepresented increases the risk of loss.
MANDATORY: ALL NEW HAMPSHIRE APPLICANTS must read the following statement carefully:
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 section 638.20.
ALL NEW JERSEY APPLICANTS:
Any person who includes any false or misleading information on an application for an insurance policy is subject
to criminal and civil
penalties.
ALL NEW MEXICO APPLICANTS:
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.
ALL OHIO APPLICANTS:
Any person who, with intent to defraud or knowing that he is facilitating a fraud against and insurer, submits
an application or files
a claim containing a false or deceptive statement is guilty of insurance fraud.
ALL OKLAHOMA APPLICANTS:
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.
ALL OREGON APPLICANTS:
Any person who knowingly files an application for insurance or a statement of a claim containing any materially
false information or
conceals, for the purpose of misleading, information concerning any fact material thereto, may have committed a
fraudulent
insurance act, which may be a crime and also punishable by criminal and/or civil penalties in certain
jurisdictions.
ALL PENNSYLVANIA APPLICANTS:
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.
ALL RHODE ISLAND APPLICANTS:
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.
ALL TENNESSEE APPLICANTS:
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.
ALL VERMONT APPLICANTS:
Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal
offense and subject
to penalties under state law.
ALL VIRGINIA APPLICANTS:
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, or denial of insurance benefits.
ALL WASHINGTON APPLICANTS:
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, or denial of insurance benefits.
ALL WEST VIRGINIA APPLICANTS:
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.
Notices and Agreements
I further acknowledge that the above statements and particulars, or any statements and particulars made in any and all
documents,
applications, supplemental pages or other attachments (hereinafter "Attachments") for the purposes of my initial or
renewal
application, are true and that I have not knowingly suppressed or misstated any material facts and I or any applicant
agree that this
application, and any Attachments, shall be the bases of the contract with the Company. I agree to notify the Company if
there are
any future material changes in any answer to this application, or its Attachments, including without limitation, any
change in
professional specialty, affiliation or working arrangement with any other healthcare provider, facility, firm or
professional
association.
Where allowed by state law, I understand that any material misrepresentation or omission made by me on this application
may act
to render any contract of insurance null and without effect or provide the Company with the right to rescind it. By
making this
application, I am not relying upon any oral or written representation that coverage has or will be extended to me or
that a policy of
insurance will be issued.
I further understand and agree that I have no right to demand or expect coverage until the company has: (1) received my
completed application; (2) my application has been accepted by the Company; and (3) received, as a precondition to
coverage, the
total premium due or, if the Company has agreed to finance the premium, the first installment due. In addition, I
understand that if
I pay my premium or first installment by check, electronic transfer, credit card payment or money order, it shall not be
considered
as "received" by the company until it has been honored by the bank.
I agree that if I fail to comply with these terms I will have no coverage for any claim under any policy of insurance
for which I am
applying.
I also understand that the Company may wish to contact persons, hospitals, schools, employers, insurance agents,
professional
liability insurers or other entities to verify and/or ascertain information regarding my credentials and background both
prior to and if
issued, after the issuance of a contract of insurance. Therefore, I hereby instruct any such person, hospital, school,
employer,
insurance agent, professional liability insurer or other entity to release to the company any information regarding me,
which the Company, in good faith, believes to be applicable and pertinent to this application and if issued, the contract of
insurance issued hereunder.
If Arizona:
I understand that, to the extent permitted by law, the Company reserves the right to deny coverage for any claim
submitted under this policy if I have made misrepresentations, omissions, or incorrect statements, or if I have
concealed facts that
are: (1) fraudulent; (2) material either to the acceptance of the risk or to the hazard assumed by the Company;
and (3) the
Company in good faith would either not have issued the policy, or would not have issued the policy in as large
an amount, or would
not have provided coverage with respect to the hazard resulting in the loss, if the true facts had been made
known to the Company
as required either by this application for the policy, subsequent notice, or otherwise.
If California:
I understand that if I cancel or terminate any coverage that may be provided by the Company, earned premium
shall be computed in accordance with the standard short rate tables and procedures with a maximum penalty of up
to 11%.
Premium adjustments shall be made within a reasonable period of time after cancellation or termination. However,
payment or
tender of unearned premium shall not be a condition of cancellation.
If Delaware:
Misrepresentations, omissions, concealment of facts and incorrect statements shall not prevent a recovery under
the
policy or contract unless either: (1) Fraudulent; or (2) Material either to the acceptance of the risk or to the
hazard assumed by the
insurer; or (3) The insurer in good faith would either not have issued the policy or contract, or would not have
issued it at the same
premium rate or would not have issued a policy or contract in as large an amount or would not have provided
coverage with
respect to the hazard resulting in the loss if the true facts had been made known to the insurer as required
either by the application
for the policy or contract or otherwise.
If Georgia:
I understand that any material misrepresentation or omission made by me on this application may provide the
Company with the right to cancel the policy and/or deny coverage for any claim submitted under this policy if I
have made
misrepresentations, omissions, or incorrect statements, or if I have concealed facts that are: (1) fraudulent;
(2) material either to
the acceptance of the risk or to the hazard assumed by the Company; and (3) the Company in good faith would
either not have
issued the policy, or would not have issued the policy in as large an amount, or would not have provided
coverage with respect to
the hazard resulting in the loss, if the true facts had been made known to the Company as required either by
this application for the
policy, subsequent notice, or otherwise. By making this application, I am not relying upon any oral or written
representation that
coverage has or will be extended to me or that a policy of insurance will be issued.
If Illinois:
I further understand and agree that I have no right to demand or expect coverage until the Company has: (1)
received
my completed application; (2) offered me a premium quote; and (3) received, as a precondition to coverage, the
total premium due
or, if the Company has agreed to finance the premium, the first installment due. In addition, I understand that
if I pay my premium
or first installment by check, electronic transfer or money order, my policy shall not be deemed to have been
issued or delivered
and shall not be applicable to any matter which may have been covered under the policy if the payment is later
dishonored by the
bank.
If Maine:
I understand that any material misrepresentation or omission made by me on this application may cause coverage
to be
cancelled and/or denied. However, we maintain the right to request a ruling from the Maine Courts on voidance or
rescission of this
policy. By making this application, I am not relying upon any oral or written representation that coverage has
or will be extended to
me or that a policy of insurance will be issued.
If Oklahoma:
I understand that any material misrepresentation or omission made by me on this application may act to render
any
contract of insurance null and without effect or provide the Company with the right to rescind it. By making
this application, I am
not relying upon any oral or written representation that coverage has or will be extended to me or that a policy
of insurance will be
issued.
If Vermont:
Where allowed by state law, I understand that any material misrepresentation or omission made by me or any other
applicant on this application may act to render any contract of insurance null and void and without effect or
provide the Company
the right to cancel it. By making this application, I am not, nor is any other applicant relying upon any oral
or written representation
that coverage has or will be extended or that a policy of insurance will be issued.
If Washington:
I understand that any intentional concealment or material misrepresentation made by me, or someone acting on
my behalf, on this application may act to render any contract of insurance null and without effect. By making
this application, I am
not relying upon any oral or written representation that coverage has or will be extended to me or that a policy
of insurance will be
issued.
The Delaware Civil Union & Equality Act of 2011
The Medical Protective Company recognizes the rights afforded to individuals under The Delaware Civil Union &
Equality Act of
2011 including the following:
Parties to a civil union shall have all of the same rights, protections and benefits, and shall be subject to
the same responsibilities,
obligations and duties, under Delaware law as are granted to, enjoyed by, or imposed upon married spouses. A
party to a civil
union shall be included in any definition or use of the terms "dependent", "family", "husband and wife",
"immediate family", "next
of kin", "spouse", "stepparent", "tenants by the entirety", and other terms, whether or not gender-specific,
that denote a spousal
relationship or a person in a spousal relationship, as those terms are used throughout Delaware law. For all
purposes of Delaware
laws that refer to marriage or marital status, other than Chapter 1 of Title 13 of the Delaware Code, parties to
a civil union will be
included in such reference. The Act automatically recognizes as civil unions for all purposes of Delaware law
legal unions between
two persons of the same sex, such as civil unions, marriages and domestic partnerships that are validly formed
in jurisdictions
other than Delaware and are substantially similar to Delaware civil unions.
Compliance with Illinois Bulletin 2011-06 and The Religious Freedom Protection and Civil Union Act
The Medical Protective Company recognizes the rights afforded to individuals under The Religious Freedom
Protection and Civil
Union Act which states:
"The parties to a civil union are entitled to the same legal obligations, responsibilities, protections and
benefits that are afforded or
recognized by the laws of Illinois to spouses. The law further provides that a party to a civil union shall be
included in any
definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other
terms descriptive of
spousal relationships as those terms are used throughout Illinois law. This includes the terms “marriage” or
“married.” or
variations thereon. If policies of insurance provide coverage for children, the children of civil unions must
also be provided
coverage. The Act also requires recognition of civil unions or same sex civil unions or marriages legally
entered into in other
jurisdictions."
NOTICE CONCERNING POLICYHOLDER RIGHTS IN AN INSOLVENCY UNDER THE MINNESOTA INSURANCE
GUARANTY ASSOCIATION LAW
The financial strength of your insurer is one of the most important things for you to consider when determining
from whom to
purchase a property or liability insurance policy. It is your best assurance that you will receive the
protection for which you
purchased the policy. If your insurer becomes insolvent, you may have protection from the Minnesota Insurance
Guaranty
Association as described below but to the extent that your policy is not protected by the Minnesota Insurance
Guaranty Association
or if it exceeds the guaranty association's limits, you will only have the assets, if any, of the insolvent
insurer to satisfy your claim.
Residents of Minnesota who purchase property and casualty or liability insurance from insurance companies
licensed to do
business in Minnesota are protected, SUBJECT TO LIMITS AND EXCLUSIONS, in the event the insurer becomes
insolvent. This
protection is provided by the Minnesota Insurance Guaranty Association.
Minnesota Insurance Guaranty Association
7600 Parklawn Ave # 460
Edina, MN 55435-5137
(952) 831-1908
The maximum amount that the Minnesota Insurance Guaranty Association will pay in regard to a claim under all
policies issued by
the same insurer is limited to $300,000. This limit does not apply to workers' compensation insurance.
Protection by the guaranty
association is subject to other substantial limitations and exclusions. If your claim exceeds the guaranty
association's limits, you
may still recover a part or all of that amount from the proceeds from the liquidation of the insolvent insurer,
if any exist. Funds to
pay claims may not be immediately available. The guaranty association assesses insurers licensed to sell
property and casualty or
liability insurance in Minnesota after the insolvency occurs. Claims are paid from the assessment.
THE PROTECTION PROVIDED BY THE GUARANTY ASSOCIATION IS NOT A SUBSTITUTE FOR USING CARE IN SELECTING
INSURANCE COMPANIES THAT ARE WELL MANAGED AND FINANCIALLY STABLE. IN SELECTING AN INSURANCE COMPANY OR
POLICY, YOU SHOULD NOT RELY ON PROTECTION BY THE GUARANTY ASSOCIATION.
THIS NOTICE IS REQUIRED BY MINNESOTA STATE LAW TO ADVISE POLICYHOLDERS OF PROPERTY AND CASUALTY INSURANCE
POLICIES OF THEIR RIGHTS IN THE EVENT THEIR INSURANCE CARRIER BECOMES INSOLVENT. THIS NOTICE IN NO WAY
IMPLIES THAT THE COMPANY CURRENTLY HAS ANY TYPE OF FINANCIAL PROBLEMS. ALL PROPERTY AND CASUALTY
INSURANCE POLICIES ARE REQUIRED TO PROVIDE THIS NOTICE.
Subscriber Agreement
MANDATORY: ALL NEW YORK APPLICANTS must read the following statement:
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.
I understand that if my application for insurance is accepted by MedPro RRG Risk Retention Group (“MEDPRO RRG”), I
will be a subscriber (“Subscriber”) of MEDPRO RRG and, by my signature below,
I hereby acknowledge and agree that the below provisions of this Section VIII, including the Power of Attorney,
(“Subscriber Agreement”) constitute the charter of MEDPRO RRG and that the
subscribers to MEDPRO RRG from time to time shall together comprise the reciprocal insurer, which shall operate
through its Attorney-in-Fact as provided in this Subscriber Agreement as a risk retention group
in accordance with federal law and as a risk retention group in the form of a reciprocal captive insurer in
accordance with District of Columbia law.
In consideration of similar agreements executed or to be executed by other subscribers and of the benefits of the
exchange of such agreements and of the terms of this Subscriber Agreement, I agree to the following
terms and conditions.
1. Appointment and Powers and Duties of Attorney-In-Fact.
Appointment and Powers and Duties of Attorney-In-Fact. Subscriber agrees to the appointment of MedPro Risk Retention
Services, Inc., an Indiana corporation ("Attorney-in-Fact"), as the Attorney-in-Fact for MEDPRO RRG to carry out the
purposes and objectives set forth in this Subscriber Agreement and to carry out all business on behalf of MEDPRO RRG
and the subscribers thereto. Subscriber also agrees to the appointment of the Board of Directors of the
Attorney-in-Fact as the Subscribers’ Advisory Committee for MEDPRO RRG. Attorney-in-Fact is vested with all
necessary power and authority to act on behalf of MEDPRO RRG and the subscribers thereto, including conducting the
affairs of MEDPRO RRG, managing and operating (directly or through contract with third parties (including affiliates
of Attorney-in-Fact)) MEDPRO RRG for the benefit of the subscribers, and causing the issuance and exchange of
indemnity, insurance or reinsurance contracts with other subscribers.
2. Limitations of Liability.
a. The financial liability of Subscriber shall be limited to the amount of annual premiums on any contracts of
indemnity, insurance or reinsurance due from Subscriber, provided, however, that all contracts of indemnity,
insurance or reinsurance shall contain a "limit of liability" and in the event it is determined that Subscriber's
liability on a claim under said contract of indemnity, insurance or reinsurance exceeds the limit of liability, such
excess amount shall be the sole and complete responsibility of Subscriber.
b. Should any suit, legal proceeding or other action be brought against Attorney-in-Fact resulting from or arising
out of Subscriber's obligation on any contract of indemnity, insurance or reinsurance that Subscriber may enter
into, then and in that event, any and all judgments entered against Attorney-in-Fact in that capacity shall be
deemed a legal judgment against Subscriber.
3. Maintenance and Distribution of Surplus.
Attorney-in Fact shall cause MEDPRO RRG to maintain surplus in an amount sufficient to provide for the financial
integrity of MEDPRO RRG and in an amount satisfactory to the District of Columbia Department of Insurance,
Securities and Banking. In no event, however, shall Attorney-in-Fact be required to contribute its own assets or the
assets of any affiliate to MEDPRO RRG.
a. Subscriber authorizes Attorney-in-Fact to accrue for the benefit of MEDPRO RRG and the subscribers net income and
savings realized from the exchange of contracts of indemnity, insurance or reinsurance hereunder and the management
of MEDPRO RRG and its assets.
b. Subject to the laws of the District of Columbia, if MEDPRO RRG is dissolved by Attorney-in-Fact, Attorney-in-Fact
shall, after the full satisfaction of all liabilities and surplus notes of MEDPRO RRG from MEDPRO RRG's assets, pay
each subscriber then insured an equitable share of all remaining assets, which payment shall be in full satisfaction
of all rights and interests of such subscribers. Amounts to be paid to subscribers shall be distributed on an
equitable basis as determined by Attorney-in-Fact.
4. Term of Subscriber Agreement.
a. This Subscriber Agreement shall have no fixed term and begins with the commencement of the policy period of any
contract of indemnity, insurance or reinsurance issued hereunder to Subscriber and ends upon cancellation or other
termination of such contract of indemnity, insurance or reinsurance or upon replacement of this Subscriber Agreement
by a modified subscriber agreement provided by Attorney-in-Fact. The period of subscription shall not include any
period of coverage under extended reporting policies or extended reporting or tail coverage endorsements.
b. Subscriber agrees that this Subscriber Agreement is expressly limited to the uses and purposes herein expressed
and to no other. This Subscriber Agreement may be terminated by Subscriber or by Attorney-in-Fact upon 30 days
written notice. The Subscriber's appointment of Attorney-in-Fact and Subscriber's obligations and authorizations
under this Subscriber Agreement shall survive the termination of this Subscriber Agreement until any and all claims
involving the indemnity, insurance or reinsurance contracts of the Subscriber and any and all other matters existing
between the Subscriber and MEDPRO RRG, the Attorney-in-Fact or with third parties have been settled or satisfied.
Subscriber agrees that the Attorney-in-Fact shall have the authority and ability to perform all duties and carry out
all obligations during any extended reporting or tail coverage endorsements during the term of this Subscriber
Agreement or after termination.
c. After termination of this Subscriber Agreement, Subscriber shall have no rights to participate in any
distribution of assets upon dissolution of MEDPRO RRG.
5. Replacement of Attorney-in-Fact.
Attorney-in-Fact may resign as Attorney-in-Fact upon designation by Attorney-in-Fact of a successor attorney-in-fact
and 60 days written notice to existing subscribers. Any such successor attorney-in-fact shall have all the powers,
rights and duties provided for in this Subscriber Agreement, and this Subscriber Agreement shall remain in full
force and effect with such successor attorney-in-fact.
6. Principal Office.
The principal office of MEDPRO RRG shall be maintained in the District of Columbia or at such other place as
designated by Attorney-in-Fact.
7. Limitation of Liability of Attorney-in-Fact.
Subscriber agrees that no officer, director, or employee of Attorney-in-Fact shall be personally liable to MEDPRO
RRG or its subscribers for any breach of duty owed to MEDPRO RRG or its subscribers, provided however that this
provision shall not relieve an officer, director or employee from liability for any breach of duty based on an act
or omission (a) in breach of such person's duty of loyalty to MEDPRO RRG and its subscribers; (b) not done in good
faith or involving a knowing violation of law; or (c) resulting in receipt by such person of an improper personal
benefit. Such officers, directors and employees of Attorney-in-Fact shall be entitled to indemnification and
advancement of expenses subject to the same exceptions recited above.
8. Nature of MEDPRO RRG.
Subscriber acknowledges that MEDPRO RRG is a risk retention group organized in the District of Columbia as a
reciprocal captive insurer and as such its contracts of indemnity, insurance or reinsurance are not subject to all
state insurance laws and regulations. Further, state insolvency or guarantee funds are not available to risk
retention groups, like MEDPRO RRG. Subscriber also acknowledges that MEDPRO RRG is a reciprocal organization under
which each subscriber exchanges insurance obligations with the other subscribers through an attorney-in-fact.
9. Governing Law.
This Subscriber Agreement shall be governed by and interpreted according to the laws of the District of Columbia
without giving effect to the conflict or choice of law provisions of that or any other jurisdiction.