Legal Expenses (Optional Cover) This section of your insurance is managed on our behalf by Arc Legal Assistance (Arc). This insurance covers you and your...
expandLegal Expenses (Optional Cover)
This section of your insurance is managed on our behalf by Arc Legal Assistance (Arc).
This insurance covers you and your family. Anyone making a claim under this section must have your agreement to claim.
We may negotiate on your behalf for your legal rights in respect of events that are covered by this insurance. Where necessary we will pay your reasonable unrecovered professional costs and expenses up to £50,000, for each insured event that happens during the period of insurance stated on your Schedule, as long as:
- these costs and expenses are in proportion to the benefit to you of taking legal proceedings;
- we have agreed, in advance, the purpose and amount of these costs and expenses; and
- we believe your claim has a reasonable chance of success.
We will treat events related by cause or time as one event. The event must happen in the United Kingdom, the Isle of Man or the Channel Islands.
The insured event will be treated as occurring on the date that you first became aware of the start of an individual or series of events, problems or disputes covered under this insurance.
Insured Events
Your pursuit of a claim directly resulting from:
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Your death or injury from an accident arising from one single event and not from a gradually operating cause;
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A breach of your contract to buy or hire goods or services for your private use. At least £125 must be in dispute;
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A breach of your legal rights relating to the ownership or occupation of your home. This must happen at least 180 days after the start of the first continuous period of legal expenses insurance;
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A breach of your contract of employment at least 90 days after the start of the first continuous period of legal expenses insurance.
Your defence of a civil claim directly resulting from:
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Your sale of goods you have owned and privately sold. At least £125 must be in dispute.
What Is Not Covered
We will not pay any costs and expenses if: - you claim more than 180 days after the event without good reason;
- your claim is fraudulent, false or exaggerated;
- the other side is unlikely to be able to pay your claim;
- you act against our advice or against the advice of the solicitor;
- the solicitor refuses to act for you;
- you unreasonably withdraw from legal proceedings;
- your claim is settled or discontinued without our agreement beforehand;
- you enter into a conditional fee arrangement;
- they relate to a time before the effective date of termination of your employment, (as defined by the Employment Rights Act 1996) in claims for unfair, wrongful, or constructive dismissal;
- your claim is part of a class action .
Also, certain types of claim are not covered under this insurance.
We will not pay for: - claims more specifically insured under another insurance policy;
- claims made against Liverpool Victoria Insurance Company Limited or its agent(s);
- any claim under the Equal Pay Act 1970 and amending legislation;
- claims relating to financial services contracts entered into prior to the start of this Legal Expenses cover;
- claims arising from contract disputes relating to the ownership or occupation of your home;
- claims arising solely from psychiatric and/or psychological injury where there is no associated physical injury;
- claims relating to libel, slander or defamation;
- applications for judicial review;
- claims directly or indirectly relating to:
medical negligence;
planning, including town and country planning;
the construction or structural alteration of buildings or parts of them;
subsidence, mining or quarrying;
any works by, or under the order of any government or public or local authority;
a lease or licence to occupy land or property;
a dispute with a rating authority about Council Tax;
a regular activity for profit or business;
divorce and family law, wills, probate or trust(s);
disputes between members of your family; (this does not apply to accidents involving motor vehicles);
existing disputes or claims you could have reasonably known about before you bought this cover;
ionising radiation or contamination by radioactivity from nuclear fuel or nuclear waste;
the radioactive, toxic, explosive or other dangerous properties of any nuclear material;
war, civil war, terrorism (by nuclear and/or chemical and/or biological and/or radiological means), rebellion or revolution;
computer viruses;
computer software operating systems and packaged software made to your special order. Settling Claims Legal Expenses
This section describes how we deal with your claim. This insurance only covers legal costs incurred by one of our panel of solicitors, appointed by Arc, or their agents until court proceedings are issued.
If proceedings need to be issued or if a conflict of interest arises you may choose your own solicitor if we approve them. If we cannot agree with your choice of solicitor we will ask the President of the Law Society or other governing body for solicitors (or other legal representatives appointed under this insurance) in the relevant jurisdiction to choose one which we both must accept.
We may give the solicitor and/or Arc all information we have concerning you or your claim including any medical information. We will be entitled to get any information, document or file from the solicitor and/or Arc including an opinion on your chances of success and the proportionate benefit to you of making your civil claim or of acting in defence of your prosecution.
We have a financial arrangement with Irwin Mitchell Solicitors where we will introduce our customers to them and they may make a payment to us for that referral. There is nothing in our relationship with Irwin Mitchell which will compromise their independence or ability to act in your best interests.
In claims for personal injury Irwin Mitchell may need to arrange for you to be examined by a doctor as part of the claims process. Irwin Mitchell may appoint a medical agency to arrange this examination. The medical agency will make a payment of £30 to us for each referral they receive.
Irwin Mitchell is obliged as part of the claims process to consider whether rehabilitation would assist you in recovering from your injury. Irwin Mitchell will appoint a rehabilitation provider who will arrange an initial
assessment for you. If you then proceed with a course of treatment we will receive a payment of approximately £30 from the rehabilitation provider.
We do not restrict Irwin Mitchell in their choice of medical agency and rehabilitation provider.
If you do not accept any offer in a civil claim, which we believe is reasonable, we may refuse to pay any further costs and expenses. We will not be bound by any agreement to which we are not a party.
If there is a disagreement between you and us, you and we may agree to refer to an arbitrator. If we cannot agree an arbitrator, the Chartered Institute of Arbitrators will choose one. The arbitrator may require you or us to pay the costs of the arbitration.
you must:
- supply at your own expense all of the information which we reasonably require to decide whether a claim may be accepted, including evidence that costs and expenses will be in proportion to the benefit of you of taking proceedings and that your claim has reasonable prospects of success;
- tell us before you take any action that may result in a claim and before you run up any costs and expenses;
- take all reasonable steps to settle your claim by negotiation and work with us to achieve a satisfactory outcome to your claim;
- follow the advice that we or your solicitor give you;
- keep the cost of your claim as low as possible;
- keep us and your solicitor informed about the progress of your civil claim (including any offers to settle);
- try to recover your costs and expenses from the other side, including allowing us to bring proceedings in your name.
At our discretion we may pay an amount to settle your claim.
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