Section 3 - Family Legal Protection (optional extra)
This section only applies if it is shown on Your schedule. This section covers legal expenses
How to make a claim for legal expenses
- Phone Our legal advice helpline on 0845 303 0899. Please have Your Home insurance policy number available when You call.
- You must report any potential claim to the legal advice helpline as soon as possible, and always within 180 days of the date that You knew or should have known about the incident.
We will send You a claim form to fill in and return to Us.
Legal helpline - 0845 303 0899
You can ring the helpline to discuss any private legal problem. This service is here to help, so please feel free to use it.
While You have a current policy with Us, the helpline is available 24 hours a day, seven days a week. In particular, if something You are proposing to do may result in a legal claim, You must talk to Us first.
For extra security, We may record all phone calls and keep the recording secure.
The following definitions are in addition to or may replace those shown on pages 34, 35 and 36 of the policy. In this section 3 only, the words below will have the
following meanings:
Costs
The Solicitors reasonable and proportionate professional fees and expenses allowed by the Civil Procedure Rules. It also covers Your opponents costs which You are ordered to pay by a court or tribunal, and other costs We agree to in writing. The most We will pay will be £100,000 for any claim or claims arising from any one incident. This includes Your costs and Your opponents costs.
Date of Incident
Either:
- the date of the incident that has led to this claim; or
- the date of the first incident, if there are a number of incidents;
whichever is earlier.
Full enquiry
A thorough examination of all aspects of Your personal tax affairs by HM Revenue & Customs.
Period of Cover
The period You are insured for, as shown in Your policy schedule
Solicitor
Any suitably qualified person appointed to represent You under this section 3.
Territorial limits
The United Kingdom. For claims relating to 'personal injury and 'contract dispute, the territorial limits also include the European Union, Albania, Andorra, Bosnia Herzegovina, Bulgaria, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Monaco, Montenegro, Norway, Romania, San Marino, Serbia, Switzerland and Turkey (west of the Bosphorus).
United Kingdom
Great Britain, the Isle of Man, the Channel Islands and Northern Ireland.
You, your
The person named as the Policyholder in the schedule and members of Your Family.
We will pay the following:
1 Legal costs
We will cover Your Costs in the event of the following:
a) Personal injury - death or bodily injury to You.
b) Contract dispute - a dispute arising out of an agreement which You have for:
i) buying or hiring goods or services;
ii) selling goods; or
iii) buying or selling Your Home.
c) Property protection - a dispute arising out of You owning or living in Your Home.
d) Employment - a dispute arising out of Your employment.
e) Tax protection - a full enquiry by HM Revenue & Customs, if the enquiry resulted from Your work as an employee.
f) Inheritance dispute - a dispute over something left to You in a will.
g) Legal defence - Your work as an employee which leads to:
i) You being prosecuted in a magistrates or crown court;
ii) civil action being taken against You for unlawful discrimination because of someones sex, race, disability, religious belief or political opinion; or
iii) civil action being taken against You under section 13 of the Data Protection Act 1998.
h) Motoring prosecution - You being prosecuted for an offence connected with using or driving a motor vehicle.
2 Salary while You attend Jury Service
We will pay Your salary or wages for each half or whole day You attend jury service if You cannot claim them back from the court or from Your employer.
The cover provided by this section 3 only applies if:
a) the Date of Incident is within the Period of Cover and the incident happens within the Territorial Limits;
b) any legal proceedings are carried out within the Territorial Limits by a court or other organisation which We agree to; and
c) it is always more likely than not that You will be successful with Your claim.
General exceptions which apply to Family Legal Protection cover
You are not covered for any of the following:
a) Any claim You report to Us more than 180 days after the date You knew about, or should have known about, the incident leading to the claim.
b) Costs You have paid or will have to pay before We have agreed to them.
c) Your Costs in any action against another person who is insured by this policy.
d) Any claim arising out of a divorce, matrimonial dispute or proceedings, living with someone, custody of children, access to children, maintenance payments, or a
maternity or paternity lawsuit.
e) Any application for a judicial review.
f) Any dispute between You, Us and Tesco Personal Finance other than as shown in General Condition 5 on page 28.
g) Any incident which begins before cover starts.
h) Any Costs if You:
- stop or settle a claim, or withdraw instructions from the Solicitor, without good reason; or
- make a false claim or knowingly give Us any information which is not correct or complete.
If either of these apply, You will then have to refund any Costs and expenses We have paid or agreed to pay during Your claim.
Specific Exceptions
You are not covered for any of the following:
Personal injury
a) Any illness or injury which develops gradually or is not caused by a specific or sudden accident.
b) Defending Your legal rights in claims against You.
Contract dispute
a) Any claim arising out of advice, specification, design, construction, conversion or extension on any land or relating to any buildings.
b) Any claim relating to leases, tenancies or a licence to occupy.
c) Any claim arising out of a contract You have entered into in connection with a profession, business or trade, other than as provided for under 'Employment (see
page 24).
Property protection
a) Any claim if the Date of Incident is less than 90 days after cover started.
b) Defending Your legal rights in claims against You.
c) Any building or land other than Your Home.
Employment
a) Any claim if the Date of Incident is less than 90 days after cover started.
b) Any Costs relating to internal grievance procedures or disciplinary hearings.
c) Any claim started in the County Court or High Court or the equivalent courts in Scotland.
d) Defending Your legal rights in claims against You.
Motoring prosecution
a) Any claim involving You driving a motor vehicle for which You do not have valid motor insurance.
b) Parking offences.
General conditions which apply to Family Legal Protection cover
If You do not keep to the following conditions, We may cancel this cover, refuse any claim and withdraw from any current claim.
1 You must do the following: a) Let Us have full details of Your claim and any other information that We or the Solicitor ask for. (You must pay any costs involved in providing this information).
b) Fully co-operate with the Solicitor and Us, and not do anything which might damage Your claim. If We ask, You must tell the Solicitor to give Us any documents,
information or advice that they have or know about.
c) Tell Us about any developments affecting Your claim.
d) Tell Us if the Solicitor refuses to continue to act for You or if You withdraw Your instructions.
e) Tell Us if anyone makes a payment into court or offers to settle Your claim.
f) Try to get back any Costs that We have to make, and pay any recovered Costs to Us.
g) Get Our agreement before You negotiate or settle a claim.
2 Appointing a Solicitor. a) We have chosen a panel of legal firms to provide legal services. These firms may make payments to Us for being members of the panel. While You are responsible
for any legal Costs they charge, Your policy will cover them as long as You keep to the policy conditions.
b) If We accept Your claim, We or a Solicitor appointed by Us will try to settle the matter without having to go to court.
c) If it is necessary to take Your claim to court, or if there is a conflict of interests, You can choose the Solicitor to act for You. Otherwise, We will appoint a Solicitor
for You.
d) The Solicitor will be appointed by You or by Us to act for You according to Our standard terms of appointment. (You can ask Us for a copy).
e) You must not enter into any agreement relating to charges with the Solicitor without getting Our permission first.
f) If a Solicitor refuses to continue acting for You with good reason, or if You dismiss them without good reason, Your cover will end immediately unless We agree to
appoint another Solicitor.
3 You must tell Your Solicitor to do the following: a) Get Our written permission before instructing a barrister or an expert witness.
b) Tell Us immediately if it is no longer more likely than not that You will be successful with Your claim.
4 We can do the following: a) Contact the Solicitor at any time, and he or she must co-operate fully with Us at all times.
b) Decide to settle Your claim by paying the amount in dispute. If Your claim is not for damages, We may decide to settle Your claim by paying You the equivalent financial value of Your claim.
c) Refuse to pay further Costs if You do not accept a reasonable offer to settle Your claim.
d) Refuse to pay further Costs if it is no longer more likely than not that You will be successful with Your claim.
5 Disputes. You have the right to refer any disagreement between You and Us to arbitration. The arbitrator will be a solicitor, barrister or other suitably qualified person that You and We agree on. If we cannot agree, the arbitrator will be chosen by the president of the Law Society (or other similar organisation) for that part of the Territorial Limits whose law governs this section of the policy. We and You must keep to the arbitrators decision. Whoever loses the arbitration will pay for all the costs and expenses of the arbitration. You may also refer any disagreement between You and Us to the Financial Ombudsman Service, which is a service offered to You free of charge. (See page 4 for details of Our complaints procedure.)
The claims conditions which apply to the whole policy do not apply to this section 3.
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