U.S. LAW SHIELD LEGAL EXPENSE INSURANCE CORPORATION 1020 Bay Area Blvd. Suite 220 Houston, TX (281) Individual Legal Services

Transcription

1 U.S. LAW SHIELD LEGAL EXPENSE INSURANCE CORPORATION 1020 Bay Area Blvd. Suite 220 Houston, TX (281) Individual Legal Services INSURANCE POLICY NUMBER: (See Front Cover) DECLARATIONS In consideration of the payment of premiums and subject to all of the terms of this policy, U.S. LAW SHIELD LEGAL EXPENSE INSURANCE CORPORATION agrees to make available legal services described herein to the person insured hereunder whose name is: (herein called Legal Service Policyholder, Policyholder or Officer ). The effective date of this Policy is 12:01 a.m. Eastern Standard Time:, 20. (the date of your first payment) The rate of premium of this policy per month per active or reserve Officer as described in the Policy is: $17.95/month or $200.00/year. The rate of premium of this policy per month per retired Officer as described in the Policy is: $10.95/month or $120.00/year. If the Policyholder chooses to add coverage for their spouse and minor children as defined in the Policy, the additional rate of premium is: $6.95/month or $80.00/year. If the Policyholder chooses to add firearms multistate protection as defined in this Policy, the additional rate of premium is: $2.95/month or $30.00/year. If the Policyholder chooses to add Career Shield protection as defined in this Policy, the additional rate of premium is: $7.95/month or $90.00/year. The total annual premium of this Policy is: (or see page X) This policy is delivered in the State of Florida and is subject to the laws of that jurisdiction. The coverage afforded to the Policyholder is only with respect to this Policy as indicated herein. The limit of the Company s liability shall be as stated in this Policy. The provisions in the following pages hereof form a part of this Policy and are fully incorporated herein over the signatures appearing below. IN WITNESS WHEREOF, U.S. LAW SHIELD LEGAL EXPENSE INSURANCE CORPORATION has caused this Policy to be executed at its home office in Houston, Texas, on the Effective Date of this Policy. Countersigned President Secretary 1

2 TABLE OF CONTENTS I. INTRODUCTION Page 3 II. DEFINITIONS.. Page 3 III. PARTIES TO THE POLICY Page 3 IV. PROGRAM ELIGIBILITY. Page 3 V. EFFECTIVE DATE OF LEGAL EXPENSE INSURANCE POLICY Page 4 VI. BASE COVERAGE LEGAL SERVICES AND BENEFITS Page 4 VII. OPTIONAL ADDITIONAL SERVICES AND BENEFITS. Page 5 VIII. DUTIES OF LEGAL SERVICE POLICYHOLDER Page 5 IX. EXPENSES NOT COVERED UNDER THIS POLICY Page 6 X. TRANSFERABILITY AND REIMBURSEMENT Page 6 XI. CANCELLATION AND REINSTATEMENT OF POLICY Page 6 XII. MISCELLANEOUS PROVISIONS. Page 7 2

3 U.S. LAW SHIELD LEGAL EXPENSE INSURANCE CORPORATION LAW ENFORCEMENT MEMBER POLICY LAW ENFORCEMENT LEGAL DEFENSE PROGRAM I. INTRODUCTION a. U.S. Law Shield Legal Expense Insurance Corporation s Law Enforcement Legal Defense Program has been established to make legal expense insurance available at a reasonable cost to the men and women of Florida law enforcement in order to protect their individual rights and interests in the event they might face civil liability, criminal proceedings, or administrative discipline for any situation that involves the use of force. The program is offered only to Florida peace officers, retired peace officers, reserve Florida peace officers, and Federal Law Enforcement officers, as described below under Program Eligibility. The U.S. Law Shield Law Enforcement Legal Defense Program is administered by U.S. Law Shield Legal Expense Insurance Corporation, a Florida legal expense insurance corporation operating under applicable laws and regulations of the State of Florida. II. DEFINITIONS The following definitions apply to this Legal Expense Insurance Policy: a. Contracting Attorney A licensed attorney that U.S. Law Shield contracts with to provide legal services for the Legal Expense Insurance Policyholder under this Legal Expense Insurance Policy. b. Legal Expense Insurance Policy The present agreement entered into between Legal Service Policyholder and U.S. Law Shield for consideration and under which U.S. Law Shield will obtain legal services for the Legal Service Policyholder through a Contracting Attorney. c. Legal Service Policyholder Person who purchased the U.S. Law Shield s Legal Expense Insurance Policy. For the purposes of this Policy, the Legal Service Policyholder and any other covered person under this Legal Expense Insurance Policy, as applicable may also be referred to as the Officer. d. U.S. Law Shield For purposes of this Policy shall be the same as U.S. Law Shield Legal Expense Insurance Corporation III. PARTIES TO THE POLICY The parties to this Legal Expense Insurance Policy are as follows: a. This Legal Expense Insurance Policy is administered by U.S. Law Shield which shall provide Legal Service Policyholder or other Covered Persons with a Contracting Attorney for any incident covered by this Legal Expense Insurance Policy. U.S. Law Shield shall offer the Legal Expense Insurance Policy in the State of Florida. The Contracting Attorney shall perform the legal services described herein. b. The person purchasing this Legal Expense Insurance Policy is the Legal Service Policyholder and shall benefit from the legal expense insurance provided by U.S. Law Shield. The benefits provided under this Legal Expense Insurance Policy shall be available to the Legal Service Policyholder whose payments are current. IV. PROGRAM ELIGIBILITY The Legal Service Policyholder must be at least one of the following: a. A Peace Officer licensed by the Florida Department of Law Enforcement Criminal Justice Standards and Training Commission (CJSTC), or similar agency with this accreditation process. 3

4 b. An honorably discharged Peace Officer having a retired status with either CJSTC or the United States Government. c. A reserve Peace Officer licensed by CJSTC who is currently commissioned by a Florida law enforcement agency. d. A Peace Officer, Agent, or Special Agent employed by an agency of the United States Government and is assigned to perform such duties in the State of Florida. V. EFFECTIVE DATE OF LEGAL EXPENSE INSURANCE POLICY a. The legal services described in this Legal Expense Insurance Policy shall be available to the Officer who enrolls in the U.S. Law Shield Law Enforcement Legal Defense Program and pays the Policy fee due under the Legal Expense Insurance Policy. The effective date of this Legal Expense Insurance Policy is the date the first Policy fee payment is received from the Officer. The term of this Legal Expense Insurance Policy is twelve (12) months from the effective date. The term of this Legal Expense Insurance Policy shall automatically extend for an additional twelve (12) months on the anniversary of the effective date, unless this Legal Expense Insurance Policy is terminated in writing by the Officer or cancelled by U.S. Law Shield. VI. BASE COVERAGE LEGAL SERVICES AND BENEFITS The consideration paid by the Officer entitles the Officer to the following legal services provided by a Contracting Attorney. These services may be utilized by calling the U.S. Law Shield Law Enforcement Legal Defense Program at the telephone number(s) provided on the Officer s membership card. Current, active membership in the U.S. Law Shield Law Enforcement Legal Defense Program entitles the Officer to all of the following: a. Legal representation by a Contracting Attorney in any use of force situation that has the potential to subject the Officer to liability for damages related to his or her acts or omissions that occur in Florida. For the purposes of this Legal Expense Insurance Policy, use of force includes any use of physical force that is related to a law enforcement service or function, which includes acts or omissions while the Officer is acting in the capacity of an off-duty officer, so long as those acts or omissions are performed in the furtherance of a legitimate law enforcement purpose; b. Legal representation in connection with any criminal investigation or prosecution occurring in Florida arising out of the Officer s use of force that occurred in Florida; c. Legal representation in, and attorney consulting services in connection with, any internal affairs investigation and representation in any disciplinary hearings or appeal of disciplinary actions imposed as a result of use of force issues (including ancillary or additional alleged misconduct coinciding chronologically with and related to such use of force incident that occurred in Florida) provided that the allegations are not related to blatant criminal activities of the Officer; d. Access to the U.S Law Shield Law Enforcement Legal Defense Program s twenty-four hour a day, seven day a week hotline. This hotline is answered and maintained by contracting attorneys, and is available for any use of force situation that arises in which the Officer believes that representation might be needed, or if the Officer believes that he or she would benefit from the advice of counsel; e. If the contracting attorney representing an officer determines a necessity for an expert witness in the area of justification of the use of force, Legal Service Policyholder shall be 4

5 VII. VIII. provided with an expert who has agreed to USLS standard terms of engagement in the area of reasonableness and justification of the use of force or deadly force under the law. Legal Service Policyholder may at all times employ any expert witnesses, different than any provided under this Policy, however, Legal Service Policyholder shall be responsible for all fees, costs and expenses of any different expert witnesses and shall receive no reimbursement under this Policy; f. This agreement provides no benefit for any incident that took place prior to the effective date of this Legal Services Policy or after its termination; g. All attorneys fees for the contracting attorney are included at no charge to Policyholder for a covered event; and h. Reasonable and customary arbitration fees. OPTIONAL ADDITIONAL SERVICES AND BENEFITS a. Career Shield Employee/Employer Relations Coverage (Optional Coverage) For an additional fee (see Declarations above), the Officer may purchase the presently described additional legal Expense Insurance Policy coverage for Employer/Employee disputes. This covers Policyholder s defense in any actions by Employer against Employee related to employment of the Officer as to any actions or claims related to law enforcement employment or a law enforcement function. b. Multi-State Firearms Coverage for LEO (Optional Coverage) For an additional fee (see Declarations above), the Officer may purchase the presently described additional Legal Expense Insurance Policy coverage for Multi-State that covers the Officer in a Covered State for any use of force incident involving a firearm in which the Officer is lawfully carrying a firearm pursuant to the Law Enforcement Officers Safety Act or other similar laws or regulations. Currently in place, the covered states are Alabama, Arkansas, Arizona, Colorado, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah and Virginia. U.S. Law Shield reserves the right to add additional states to the multistate firearms coverage program from time to time. c. Spouse/Children Coverage (Optional Coverage) For an additional fee (see Declarations above), the Officer may purchase the presently described additional Legal Expense Insurance Policy coverage for their spouse or domestic partner and minor children. This coverage shall be for all uses of force occurring anywhere in Florida, in which member s spouse or child has justification as a legal defense. If spouse or minor child is an active duty peace officer, in order to receive the coverage described above under Base Coverage Legal Services and Benefits Paragraphs (a)-(h), spouse or minor child must separately purchase his or her own base membership. DUTIES OF LEGAL SERVICE POLICYHOLDER a. The Officer has a duty to promptly notify U.S. Law Shield if he or she is involved in a use of force situation that the Officer believes could result in a legal investigation by any person or department, criminal proceedings or incident that may give rise to coverage under this Policy. b. The Officer agrees to cooperate fully with U.S. Law Shield to determine any issue of coverage, or lack thereof. c. If there is determined to be coverage under this Legal Expense Insurance Policy, the officer agrees to cooperate fully with the Contracting Attorney in the defense of the 5

6 IX. Officer s use of force at any legal proceeding, attend any and all court dates, court hearings, and other official appearances in connection with any charges or lawsuits that are brought against the Officer as a result of his or her use of force. The Officer agrees to immediately inform the Contracting Attorney of anything that might prevent the Officer from attending scheduled court dates or appearances. d. It is agreed that the Officer will keep all appointments with U.S. Law Shield or any Contracting Attorney and, if an unexpected event occurs that prevents the Officer from keeping an appointment, the Officer agrees to immediately notify U.S. Law Shield or the Contracting Attorney and work with U.S. Law Shield or the Contracting Attorney to reschedule the appointment. e. The Officer agrees to promptly inform U.S. Law Shield of all changes in his or her address or telephone number. f. Request for legal services may be initiated by calling U.S. Law Shield s emergency hotline or by phoning the office listed on the U.S. Law Shield Law Enforcement Only Program Membership Card. EXPENSES NOT COVERED UNDER THIS POLICY The Officer acknowledges and understands that certain services and expenses are not covered by this Legal Expense Insurance Policy. The Officer expressly agrees that, in addition to any amount paid under this Legal Expense Insurance Policy, the following expenses must be paid directly by Officer: a. Any expenses associated with court costs, and bail bonds. All such expenses shall be paid directly by the Officer, or, if U.S. Law Shield or the Contracting Attorney agree in writing, either may pay these expenses and Officer is responsible for reimbursing the paying party for these expenses. However, U.S. Law Shield and the Contracting Attorney are under no obligation to advance or pay any fees for investigators, trial consultants, or bail bond for the Officer, and any such expenses are not covered by this Legal Expense Insurance Policy; b. Any expenses related to securing the testimony or evidence of non-local witnesses (other than those listed above under Legal Services and Benefits provisions hereinabove), including witness fees, or their travel expenses, lodging, etc.; and c. Any expense for optional coverage under this Policy for which the Officer did not select and pay the coverage: i.e., Career Shield Employee/Employer Relations Coverage, etc. d. This Policy specifically excludes providing legal representation by a Contracting Attorney for any incident, criminal investigation or prosecution arising from the Use of Force by the Officer against the Officer s current or former family member, household or dating relationship as defined in the Florida Statutes or other applicable state law. X. TRANSFERABILITY AND REIMBURSEMENT a. This Legal Expense Insurance Policy is not transferable and the benefits contained herein are not assignable and shall provide no amount for reimbursement of costs, fees or expenses not specifically covered by this Legal Expense Insurance Policy. XI. CANCELLATION AND REINSTATEMENT OF POLICY a. The Officer may terminate this Legal Expense Insurance Policy by providing U.S. Law Shield with written notice of the Officer s intent to terminate this Legal Expense Insurance Policy no later than seven (7) days after the effective date of this Legal Expense Insurance Policy. 6

7 XII. b. If this Legal Expense Insurance Policy is terminated by the Officer in accordance with the paragraph above, and the Officer has not sought legal services under this Legal Expense Insurance Policy before termination, the Legal Expense Insurance Policy is void and U.S. Law Shield shall refund the Officer any Policy fee advanced by the Officer. c. U.S. Law Shield may cancel this Legal Expense Insurance Policy by mailing written notice of the cancellation to the Officer s last known address according to the records of U.S. Law Shield. U.S. Law Shield must mail notice before the fifth (5th) day preceding the effective date of the cancellation. The notice must state the effective date of the cancellation and the reason for the cancellation. d. U.S. Law Shield is not required to provide prior notice of cancellation if this Legal Expense Insurance Policy is cancelled because of: i. Nonpayment; ii. A material misrepresentation by the Officer to U.S. Law Shield; iii. A material breach of this agreement by the Officer; or iv. Termination of this Legal Expense Insurance Policy by the Officer. e. If this Legal Expense Insurance Policy is terminated or cancelled, U.S. Law Shield will reinstate this Legal Expense Insurance Policy, with all rights and benefits, within thirtyone (31) days after the date of termination or cancellation, provided this Legal Expense Insurance Policy was not cancelled pursuant to subsection d(ii) or d(iii) above, provided no covered incident has occurred during such thirty-one (31) day period and provided the Officer remits to U.S. Law Shield within the thirty-one (31) day grace period all Policy fees then due under this Legal Expense Insurance Policy. f. In the event that the Policyholder terminates their Policy for any reason, or has their Policy cancelled, the legal services provided to the Policyholder or any other covered person shall be ended. If any covered person has an active matter at the time of termination, the Contracting Attorney shall complete the legal matter unless the Covered Person does not desire to be further represented by the Contracting Attorney involved in the matter or by any other Contracting Attorney. g. In the event that a Policy is terminated by either the Policyholder or the Insurer, the Policyholder shall not be entitled to a refund of any Premiums that have been earned by the Insurer. Premiums are earned by the Insurer as the period of the Policy elapses. For example, after one month, Insurer earns 1/12 th of an annual Premium or 100% of a monthly Premium. Premiums are earned by the Insurer solely by the progression of time, thus Premiums are earned even if: (i) no Covered Person has an active legal matter pending; or (ii) no Covered Person has used any services or received any benefit under the Policy. However, any monthly premiums that have not been earned by the Insurer shall be returned to Policyholder. Likewise, should Policyholder discharge a Contracting Attorney as to any active matter without terminating membership of the Policy, no refund of earned Premiums shall be due to the terminated Policyholder. MISCELLANEOUS PROVISIONS a. The Insurer, as part of the implementation of this Policy, enters into agreements with Contracting Attorneys who have agreed to provide services to the Policyholders under the conditions under each agreement. In none of these instances does the Insurer stand in the position of guarantor as to the honesty, proficiency, accuracy, or resourcefulness of the individual Contracting Attorney or firm of Contracting Attorney. Accordingly, if any Contracting Attorney to whom a Covered Person uses for a legal matter under this Policy performs or omits an act which may give rise to a claim for malpractice, the 7

8 Policyholder s sole recourse will be against the individual Contracting Attorney or Contracting Attorney s firm, that is handling that Policyholder s legal matter. b. In the event of a complaint of Covered Person about a Contracting Attorney, Insurer will attempt to resolve the complaint or to transfer the Covered Person to another designated Contracting Attorney. Before any such action is taken the Contracting Attorney will be given an opportunity to resolve the problem. If the Insurer is unable to find a Contracting Attorney willing to perform the services covered by this Policy or if the Contracting Attorney is disqualified or otherwise unable to perform the services, the Insurer will select or appoint another Contracting Attorney to provide the services to the Covered Person. c. In the event that Policyholder should have a problem, complaint, or grievance concerning the legal services provided by the Contracting Attorney, the Policyholder may request a conference with the Contracting Attorney and the Insurer by contacting the Insurer at (877) The Policyholder may request a conference with an impartial third party chosen by mutual agreement between Insurer and Policyholder. A conference shall be held with Insurer, Contracting Attorney, Policyholder, Covered Person (if different from the Policyholder) and the impartial third party in an effort to resolve the problem, complaint, or grievance. d. Any Covered Person has the right to file a grievance with the Florida Bar concerning any Contracting Attorney s conduct. Nothing in this Policy shall be deemed to interfere with the Florida Bar Association s right to discipline attorneys for a violation of any Bar Association Canon or Rule addressing honesty, integrity, or fair dealing. The grievance resolution machinery addresses only disputes between the Insurer, Contracting Attorney, Policyholder or any Covered Person, involving issues including coverage other than legal ethics. e. The obligation of the Contracting Attorney in providing legal services under this Policy shall be solely to the Covered Person. The Contracting Attorney shall maintain the confidentiality of the attorney-client relationship in accordance with the Florida Bar Rules and Codes of Professional Responsibility. f. The Insurer may refuse to provide legal services under this Policy, if the Insurer or the Contracting Attorney believes that the legal services are in the furtherance of a legal matter which is believed to be clearly frivolous, or which would violate the Florida Bar Rules or Code of Professional Responsibility. g. In the event that a Covered Person does not agree with the Contracting Attorney s advice or recommendations, the Contracting Attorney may terminate the representation if done pursuant to the Florida Bar Rules or Code of Professional Responsibility. h. No change to this Legal Expense Insurance Policy is valid until the proposed change has been approved by an executive officer of U.S. Law Shield and such change is endorsed or attached to this Legal Expense Insurance Policy. There shall be no modification of the Policy fee due under this Legal Expense Insurance Policy while this Legal Expense Insurance Policy is in effect. The Policy fee may be modified upon renewal of the Legal Expense Insurance Policy on the anniversary of the effective date. i. Complaint and Grievance. Any and all complaints and grievances between the Officer and U.S. Law Shield or any of its affiliates and/or the Contracting Attorney or any of its affiliates shall be submitted to binding arbitration in Harris County, Texas, pursuant to the terms and provisions of the American Arbitration Association. Legal Service Policyholder expressly waives the right to proceed with any legal action, other than on an 8

9 individual basis in an arbitration proceeding described herein. Legal Service Policyholder specifically waives the right to proceed with arbitration in the nature of a class action or a class wide arbitration, and expressly waives the right to proceed in any court on a class basis or class action basis. j. The Officer may at all times retain counsel other than the Contracting Attorney provided under this Legal Expense Insurance Policy; however, the Officer shall be responsible for all attorneys fees, costs and expenses of this different counsel and shall receive no reimbursement under this Legal Expense Insurance Policy for fees or costs charged to Officer by this different counsel. No Policyholder is required to consult with or be represented by a Contracting Attorney. k. Subrogation Rights. There are no subrogation rights under this Legal Expense Insurance Policy, although Officer agrees to allow U.S. Law Shield to seek any reimbursement for such legal services under any applicable state or federal statute requiring the employer to provide legal services to Officer, where the employer fails or is unable to do so. l. It is expressly agreed and understood that NO PROMISES OR GUARANTEES as to the outcome of any case (past, current or future) have been made to the Officer by U.S. Law Shield or Contracting Attorney. It is further expressly agreed and understood that no other representations have been made to the Officer, except for those set out in this Legal Expense Insurance Policy or in any changes to this Legal Expense Insurance Policy approved by an executive officer of U.S. Law Shield and endorsed or attached hereto. m. Officer acknowledges and understands that other fees for marketing, advertising promotion, etc. may be paid as well in part through proceeds generated under this Policy. n. The Officer agrees that he or she wishes to receive periodic updates on the U.S. Law Shield Law Enforcement Legal Defense Program, activities of U.S. Law Shield activities of Contracting Attorneys and updates on law, or other information concerning relevant legal issues by or regular U.S. Mail. o. The Officer acknowledges and understands that U.S. Law Shield or the Contracting Attorney may engage local counsel, associate counsel, or other attorneys to assist with the representation of the Officer, and that the Officer shall not incur any additional charges if U.S. Law Shield or the Contracting Attorney engages additional counsel on the Officer s behalf. p. If the Officer s agency, employer, or jurisdiction provides the Officer with legal representation related to an incident for which the Officer would be entitled to the benefits of this Legal Expense Insurance Policy, upon the Officer s request, U.S. Law Shield will engage a Contracting Attorney to provide the Officer with independent legal representation and/or advice to represent and protect the Officer s individual interests. q. There are no deductibles or copayments under this Legal Expense Insurance Policy. 9