Marine Legal Protection

Transcription

1 Marine Legal Protection Key Facts and Policy Wording WHY YOU NEED MARINE LEGAL PROTECTION POLICY COVER Accident loss recovery Legal defence Bodily injury cover Emergency expenses Contract disputes cover TELEPHONE HELPLINE SERVICES EuroLaw legal advice service Marine assistance Tax advice service Message relay WELCOME TO MARINE LEGAL PROTECTION Yachting and boating should be an enjoyable experience where you, your crew and vessel return safe and sound after each voyage. Sadly, however, this is not always the case as things can go wrong and accidents do happen during the use and ownership of a boat. If you suffer losses following an accident that is not your fault on the waterway or at sea; face prosecution as the owner of a boat; or have a contractual dispute over buying, selling or repairing a vessel, Marine Legal Protection will be there to look after your interests. HOW WE WILL HELP So, what can you expect from Marine Legal Protection? For a start, you ll have access to legal experts who fully understand the complexities of marine law. With our knowledge and understanding of the legal and claims processes, we will often be able to negotiate full settlement of your claim. However, if the situation demands it, our teams will refer your case to a lawyer for further action. There s no need to worry about the cost. The policy will pay up to 100,000 to cover the legal costs incurred during your claim. These costs can include lawyers and barristers fees, court fees, court costs, expenses for expert witnesses, and the other side s costs if the court finds in their favour. With Marine Legal Protection, you can enjoy peace of mind knowing that if a problem turns into a legal dispute, you will have the practical and financial support to help protect your legal rights. We are, experts in Marine Legal Protection. We are owned by DAS Legal Expenses Insurance Company Limited who are the underwriters of this policy. MARINE LEGAL PROTECTION You are protected for legal costs arising from the following incidents: ACCIDENT LOSS RECOVERY AND BODILY INJURY If you are involved in a boating or jet-skiing accident that is not your fault, you have a legal right to claim back losses that you are not insured for, from the person who caused the accident. Uninsured losses can include: compensation if you or your crew are injured, and compensation for your family (or your crew s family) if you or they are killed; the amount of any excess you have to pay under your marine insurance policy (the excess is the first amount of any claim you have to pay); compensation for damage to your clothes, luggage or personal belongings held on your boat. CONTRACT DISPUTES If you have a contract to buy, sell or repair your boat or to buy or sell accessories for it, there s always a chance of becoming involved in a contractual dispute. If the amount disputed exceeds 100, we will make every effort to get compensation for you, settle the matter or, if someone claims against you, defend your legal rights. If we decide you need to take legal action, we will arrange and pay for a lawyer to act on your behalf. LEGAL DEFENCE If you are prosecuted because of a problem arising from the ownership or use of your boat, we will appoint and pay for a lawyer to represent you. You are protected for travel costs arising from the following incident: EMERGENCY EXPENSES If your boat is damaged in an accident abroad and rendered unseaworthy, we will reimburse your travel costs back to the United Kingdom. We will also reimburse your costs to travel back to your boat within four months. TERRITORIAL LIMIT There s no need to worry about being in the wrong place at the wrong time. Marine Legal Protection will cover you throughout most European waterways. For claims for Accident Loss Recovery and Bodily Injury, your cover will extend to Australia, Bermuda, Cape Verde Islands, the Caribbean, Hong Kong and New Zealand. Underwritten by

2 POLICY SUMMARY This policy summary provides key information about Marine Legal Protection, which you should read. It does not contain the full terms and conditions of the policy, which can be found in the Marine Legal Protection policy document. Unless otherwise agreed with Navigators & General, your cover will be valid for one year. Marine Legal Protection is a legal expenses insurance contract that: helps you to recover uninsured losses and costs from a person who has damaged your leisure craft or injured anyone in it; helps you settle a dispute that arises from buying, selling or maintaining your craft; defends you against a prosecution relating to using or owning your craft; reimburses your travel costs back to your normal country of residence following an accident abroad which leaves your craft unseaworthy. Features and benefits Significant exclusions or limitations Policy section In the areas below we will resolve an insured legal problem, either ourselves or through external lawyers and other experts that we will appoint. It must be more likely than not that you will recover damages or make successful defence of your claim. (This does not apply to legal defence.) COVER (d) External costs are limited to 100,000 (except for emergency expenses, which are limited to 300). Costs incurred before we agree to pay them. We are free to choose a lawyer to represent you, unless your craft is not a sea-going vessel and we agree to start proceedings or there is a conflict of interest. WHAT DAS WILL PAY WHAT IS NOT COVERED BY THIS POLICY 3 CONDITION 2 1 ACCIDENT LOSS RECOVERY We will negotiate to recover uninsured losses and costs following an event that causes damage to your craft or personal possessions in it. INSURED INCIDENT 1 ACCIDENT LOSS RECOVERY 2 BODILY INJURY We will pursue claims for accidental death or physical injury. The insured person affected must have been in, on or towed by the insured craft. INSURED INCIDENT 2 BODILY INJURY 3 CONTRACT DISPUTES We will pursue and defend your legal rights in a dispute relating to the buying and selling, servicing, repairing, adapting or testing of an insured craft, its equipment, parts or accessories. Contracts relating to the use of the insured craft for business or reward. INSURED INCIDENT 3 CONTRACT DISPUTES What is not covered under CONTRACT DISPUTES Minimum amount in dispute must be LEGAL DEFENCE We will defend you against prosecution relating to the ownership or use of your craft. Fines or court orders. INSURED INCIDENT 4 LEGAL DEFENCE WHAT IS NOT COVERED BY THIS POLICY 4 5 EMERGENCY EXPENSES We will reimburse your travel costs back to the United Kingdom after an accident abroad which leaves your insured craft unseaworthy, plus travel back to your insured craft. Claims where the damage to your insured craft is not covered by your marine insurance policy. Claims where your insured craft is still seaworthy following the accident. Accident occurring within UK inland or coastal waters. Travel from the United Kingdom back to your insured craft more than four months after the original accident. INSURED INCIDENT 5 EMERGENCY EXPENSES What is not covered under EMERGENCY EXPENSES TELEPHONE HELPLINES EuroLaw legal advice Advice on personal legal problems, within UK and EU law. Tax advice service Personal taxation advice. Marine assistance DAS can arrange help if your craft becomes unseaworthy due to breakdown. Message relay We can pass a message to your family, friend or work colleague if required. Legal advice for the laws of countries outside England, Scotland and Wales, and Tax advice will be provided by specialist experts operating during standard office hours. If you need their advice, we will contact them on your behalf and arrange for them to call you back at a time convenient to you. Assistance is limited to UK territorial waters. You are responsible for contractor s charges. If life is in danger, you must contact the emergency services directly. HELPLINES TERRITORIAL LIMIT The European Union, the Azores, the Isle of Man, the Canary Islands, the Channel Islands, Albania, Andorra, Bosnia Herzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Madeira, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland and Turkey, and countries bordering the Mediterranean and including waterways connecting any of these countries. Cover for ACCIDENT LOSS RECOVERY and BODILY INJURY extends to Australia, Bermuda, Cape Verde Islands, the Caribbean, Hong Kong and New Zealand. THE MEANING OF WORDS IN THIS POLICY This policy will be governed by English law. CONDITION 11 2

3 TELEPHONE HELPLINES EuroLaw legal and tax advice service Our EuroLaw legal and tax advice service provides legal advice on any personal legal or tax problem. You can phone our legal and taxation advice teams 24 hours a day, 7 days a week. Depending on the issue, we may have to arrange to call you back. This service can give advice on legal issues in the UK, throughout the rest of the European Union, the Channel Islands and the Isle of Man. CANCELLATION RIGHT We hope you will be happy with the cover this policy provides. However, you can cancel the policy without notice within 14 days of taking it out. After this you can cancel it at any time by telling Navigators & General, but you must give 14 days notice of cancellation. You can ask Navigators & General about getting a refund of premium if you cancel the policy. MAKING A CLAIM You must give Amicus details of any claim as soon as possible. You can telephone us on: We will be able to take details of your claim but we will not be able to tell you whether we can cover your claim. Lines are open 24 hours a day, 365 days a year. Calls may be recorded. Alternatively you can marine@amicuslegal.co.uk DAS is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if DAS cannot meet its obligations. This will be dependent on the type of business and the circumstances of the claim. You can get more information about the compensation scheme arrangements from the FSCS website, and DAS Legal Expenses Insurance Company Limited are authorised and regulated by the Financial Services Authority. MARINE ASSISTANCE If your boat becomes unseaworthy due to an accident or breakdown (while in UK territorial waters), this service will ensure that an approved contractor, marine engineer or chandler comes to your aid. We will also pass a message to family or friends. Any charges will be your responsibility. HOW TO ARRANGE COVER Simply pay the premium (plus tax) that Navigators & General tells you to. is owned by DAS Legal Expenses Insurance Company Limited. and DAS Legal Expenses Insurance Company Limited are authorised and regulated by the Financial Services Authority. Or write to: The Claims Department HOW TO MAKE A COMPLAINT Amicus and DAS are committed to providing a first-class service at all times. A copy of the internal complaint-handling procedure for Amicus and DAS is available on request. If you wish to complain, please write first to: The Operations Manager Telephone: If the complaint is not resolved to your satisfaction, then you can refer the matter to the DAS Customer Relations Department at their Head and Registered office shown below: DAS Legal Expenses Insurance Company Limited DAS House Quay Side Temple Back Bristol BS1 6NH Alternatively you can telephone DAS on or DAS at customerrelations@das.co.uk If you are still unhappy with our response, you have the right to ask the Financial Ombudsman Service to review your case. This will not affect your rights to take legal action. POLICY WORDING Please note that the following policy wording applies only where you have paid the correct premium to Navigators & General, and legal expenses insurance is shown as operative in your Navigators & General certificate of insurance. 3

4 Marine Legal Protection Policy Wording IMPORTANT INFORMATION This is your Amicus Marine Legal Protection Policy Wording it includes everything you need to know about your cover. We suggest you keep this document in a safe place as you will need to refer to it in the event of an incident. HELPLINES EuroLaw legal advice service Tax advice Marine assistance Message relay Act quickly after an incident and call our claims unit on WELCOME TO MARINE LEGAL PROTECTION Thank you for taking out an Amicus Marine Legal Protection Policy, underwritten by DAS, Europe s leading legal expenses insurer. To make sure you get the most from your Marine Legal Protection cover, please take time to read the policy which explains the contract you have entered into. If you have any questions or would like more information, please contact Navigators & General. AFTER A BOATING INCIDENT If you are involved in an incident, remember to write down as many details as possible, including the names and addresses of anyone who may have seen the incident. Let us have this information as soon as you can, either by phoning us, sending it to us at the address below or by giving it to Navigators & General. If you are not sure what to do after an incident, call us on HOW WE CAN HELP To make a claim under your policy, please telephone us on We will ask you about your legal dispute and if necessary call you back at an agreed time to give you legal advice. At this point we will not be able to tell you whether you are covered, but we will pass the information you have given us to our specialist claims-handling teams and explain what to do next. If you prefer to report your claim in writing, you can send it to our Claims Department at the following address: Claims Department You may prefer to your claim to us at marine@amicuslegal.co.uk WHEN WE CANNOT HELP Please do not ask for help from a lawyer before we have agreed. If you do, we will not pay the costs involved even if we accept the claim. PROBLEMS Amicus and DAS are committed to providing a first-class service at all times. A copy of the internal complaint-handling procedure for Amicus and DAS is available on request. If a complaint arises, then this should be addressed in the first instance to: The Operations Manager Telephone: If the complaint is not resolved to your satisfaction, then you can refer the matter to DAS s Customer Relations Department at their Head and Registered Office at: DAS Legal Expenses Insurance Company Limited DAS House Quay Side Temple Back Bristol BS1 6NH Registered in England and Wales, company number Alternatively you can phone DAS on or them at customerrelations@das.co.uk Website: If you are still not satisfied, you can contact the Insurance Division of the Financial Ombudsman Service at: South Quay Plaza 183 Marsh Wall London E14 9SR You can also contact them on Website: (Using this service does not affect your right to take legal action.) and DAS Legal Expenses Insurance Company Limited are authorised and regulated by the Financial Services Authority. THE ROLE OF AMICUS LEGAL LIMITED In arranging this insurance policy Amicus acts only for one insurer, DAS Legal Expenses Insurance Company Limited at the Head and Registered Office shown above. In dealing with your claim under this insurance policy, Amicus acts as the agent of DAS. Amicus provides a telephone legal advice service to the insured person as long as there is no conflict of interest between the insured person and DAS or Amicus. 4 Underwritten by

5 THE MEANING OF WORDS IN THIS POLICY Costs and expenses (a) Legal costs All reasonable and necessary costs chargeable by the representative on a standard basis. (b) Opponents costs The costs incurred by opponents in civil cases if an insured person has been ordered to pay them, or pays them with our agreement. Date of occurrence (a) For civil cases, the date of occurrence is: the date of the event, or the earliest date on which the insured person should reasonably have been aware of the event, which leads to a claim. If there is more than one event arising at different times from the same original cause, the date of occurrence is the date of the first of these events. (b) For criminal cases, the date of occurrence is when the insured person began, or is alleged to have begun, to break the criminal law in question. Insured craft Any craft or jet ski specified in the insurance policy issued with this policy. Insured person You and any person who is in or on or being towed by the insured craft with your permission. Anyone claiming under this policy must have your agreement to claim. Period of insurance The period shown in your yacht insurance policy issued by Navigators & General. Representative The lawyer or other suitably qualified person, whom we appoint to act for an insured person in accordance with the terms of this policy. Territorial limit For INSURED INCIDENTS 1 ACCIDENT LOSS RECOVERY and 2 BODILY INJURY The European Union, the Azores, the Isle of Man, the Canary Islands, the Channel Islands, Albania, Andorra, Bosnia Herzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Madeira, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland and Turkey, and countries bordering the Mediterranean and including waterways connecting any of these countries and Australia, Bermuda, Cape Verde Islands, the Caribbean, Hong Kong and New Zealand. Underwriter, DAS DAS Legal Expenses Insurance Company Limited. We, us, our, Amicus who have arranged this insurance and who will deal with claims as agents of DAS. You, your The person who has taken out this policy. THE COVER DAS agrees to provide the insurance in this policy, as long as: (a) the premium has been paid; and (b) the date of occurrence of the INSURED INCIDENT is during the period of insurance and it happens within the territorial limit; and (c) any legal proceedings will be dealt with by a court, or other body which we agree to, in the territorial limit; and (d) for civil claims, it is always more likely than not that an insured person will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence. WHAT DAS WILL PAY 1 For all INSURED INCIDENTS, DAS will pay costs and expenses. 2 For all INSURED INCIDENTS, DAS will pay costs and expenses to make or defend against an appeal as long as the insured person tells us within the time limits allowed that they want us to appeal. 3 The most DAS will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is: (a) for INSURED INCIDENTS 1 ACCIDENT LOSS RECOVERY, 2 BODILY INJURY, 3 CONTRACT DISPUTES and 4 LEGAL DEFENCE 100,000; and (b) for INSURED INCIDENT 5 EMERGENCY EXPENSES 300. For INSURED INCIDENTS 3 CONTRACT DISPUTES, 4 LEGAL DEFENCE and 5 EMERGENCY EXPENSES The European Union, the Azores, the Isle of Man, the Canary Islands, the Channel Islands, Albania, Andorra, Bosnia Herzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Madeira, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland and Turkey, and countries bordering the Mediterranean and including waterways connecting any of these countries. 5

6 INSURED INCIDENTS WE WILL COVER 1 ACCIDENT LOSS RECOVERY We will negotiate to recover the insured person s uninsured losses and costs after an event that causes damage to the insured craft or to the insured person s personal property in it. WHAT IS NOT COVERED BY THIS POLICY 1 A claim where the insured person has failed to notify us of the insured incident within a reasonable time of it happening, and this failure adversely affects the prospect of successfully recovering damages (or getting any other legal remedy that we have agreed to) or of making a successful defence. 2 An incident or matter arising before the start of this policy. 6 2 BODILY INJURY We will negotiate for an insured person s legal rights in a claim against a party who causes the death of, or bodily injury to, that insured person. What is not covered under BODILY INJURY (a) Illness or bodily injury that happens gradually or is not caused by a specific or sudden accident. (b) Psychological injury or mental illness, unless the condition follows a specific or sudden accident that has caused physical bodily injury to the insured person. (c) Defending an insured person s legal rights, but defending a counter-claim is covered. 3 CONTRACT DISPUTES We will negotiate for your legal rights in a contractual dispute arising from an agreement or an alleged agreement that you have for buying, selling, servicing, repairing, adapting or testing an insured craft, its equipment, parts or accessories. The amount in dispute must be more than 100. What is not covered under CONTRACT DISPUTES A claim relating to a contract for the use of the insured craft for business or reward. 4 LEGAL DEFENCE We will defend an insured person if an event arising from the ownership or use of the insured craft leads to them being prosecuted. 5 EMERGENCY EXPENSES We will reimburse the insured person the cost of travel back to the United Kingdom from abroad following an accident abroad rendering the insured craft unseaworthy in the territorial limit. We will also reimburse you and any authorised skipper the cost of travel to return to the insured craft following repairs within four months of the date of the original accident rendering the insured craft unseaworthy. What is not covered under EMERGENCY EXPENSES (a) Claims where the damage to your insured craft is not covered by your marine insurance policy. (b) Claims where your insured craft is still seaworthy following the accident. (c) Accidents occurring within the UK inland or coastal waters. (d) Travel from the United Kingdom back to your insured craft more than four months after the original accident. 3 Costs and expenses incurred before our written acceptance of a claim. 4 Fines, penalties, compensation or damages that an insured person is ordered to pay by a court or other authority. 5 A claim intentionally brought about by an insured person. 6 A legal action that an insured person takes that we or the representative have not agreed to, or where an insured person does anything that hinders us or the representative. 7 A claim relating to written or verbal remarks that damage an insured person s reputation. 8 A dispute with us, or the underwriters, not otherwise dealt with under Condition 7. 9 Apart from us or the underwriters, the insured person is the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third-party rights or interest. 10 Costs and expenses arising from or relating to Judicial Review, coroner s inquest or fatal accident inquiry. 11 A claim that is fraudulent, exaggerated or dishonest or where an allegation of dishonesty or violent behaviour has been made against an insured person. 12 A claim caused by, contributed to by, or arising from: (a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel; (b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it; (c) war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; or (d) pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds. CONDITIONS THAT APPLY TO THIS POLICY 1 An insured person must: (a) keep to the terms and conditions of this policy; (b) try to prevent anything happening that may cause a claim; (c) take reasonable steps to keep any amount the underwriter has to pay as low as possible; (d) send everything we ask for, in writing; (e) give us full and truthful details by phone or in writing of any claim as soon as possible and give us any information we need.

7 2 (a) We can take over and conduct in the name of an insured person, any claim or legal proceedings at any time. We can negotiate any claim on behalf of an insured person. (b) We are free to choose the representative in any dispute when the insured craft is a sea-going vessel. (c) If the insured craft is not a sea-going vessel, then the insured person is free to choose a representative (by sending us a suitably qualified person s name and address) if: (i) we agree to start legal proceedings and it becomes necessary for a lawyer to represent the interests of an insured person in those proceedings; or (ii) there is a conflict of interest. (d) In all circumstances except those in 2(c) above, we are free to choose a representative. (e) A representative will be appointed by us to represent an insured person according to our standard terms of appointment, which may include a no-win, no-fee agreement. The representative must co-operate fully with us at all times. (f) We will have direct contact with the representative. (g) An insured person must co-operate fully with us and the representative and must keep us up to date with the progress of the claim. (h) An insured person must give the representative any instructions that we ask for. 3 (a) An insured person must tell us if anyone offers to settle a claim. (b) If an insured person does not accept a reasonable offer to settle a claim, the underwriter may refuse to pay further costs and expenses. (c) The underwriter may decide to pay the insured person the amount of damages that the insured person is claiming, or that is being claimed against them, instead of starting or continuing legal proceedings. 4 (a) An insured person must tell the representative to have costs and expenses taxed, assessed or audited, if we ask for this. (b) An insured person must take every step to recover costs and expenses that the underwriter has to pay, and must pay the underwriter any costs and expenses that are recovered. 5 If the representative refuses to continue acting for an insured person with good reason, or if an insured person dismisses the representative without good reason, the cover provided under this policy will end at once, unless we agree to appoint another representative. 6 If an insured person settles a claim or withdraws it without our agreement, or does not give suitable instructions to a representative, the cover provided under this policy will end at once and we will be entitled to reclaim from you costs and expenses paid by the underwriter. 7 If there is a disagreement about the way we handle a claim that is not resolved through our internal complaints procedure, the insured person can contact the Financial Ombudsman Service for help. 8 We may, at our discretion, require the insured person to obtain, at their expense, an opinion from a representative chosen by the insured person and us, on the merits of a claim or proceedings. If the chosen person s opinion indicates that it is more likely than not that an insured person will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence, the underwriter will pay the cost of obtaining the opinion. 9 You can cancel this policy by telling us within 14 days of taking it out; or at any time afterwards as long as you tell us at least 14 days beforehand. The underwriter can cancel this policy at any time as long as the underwriter tells you at least 14 days beforehand. 10 The underwriter will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this policy did not exist. 11 This policy will be governed by English law. Andy Tomkins Chief Executive Officer HELPLINES We are available to answer your call 24 hours a day, seven days a week during the period of insurance. To help us check and improve our service standards, we record all calls. EuroLaw legal advice service We will give an insured person confidential legal advice over the phone on any personal legal problem, under the laws of the member countries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway. Our legal experts will provide advice in respect of the laws of England, Wales and Scotland 24 hours a day, seven days a week. Legal advice on the laws of other EU countries, Isle of Man, Channel Islands, Switzerland and Norway will be provided by specialist solicitors operating during normal office hours. If you need their advice, we will contact them on your behalf and arrange for them to call you back at a time convenient to you. Tax advice We will give an insured person confidential advice over the phone on personal tax matters in the United Kingdom of Great Britain and Northern Ireland. Tax advice is provided by expert tax advisors operating during normal office hours. If you call outside these hours, we will take details of your call and arrange for someone to call you back at a time convenient to you. Marine assistance We will arrange help for an insured person if the insured craft becomes unseaworthy because of a breakdown in UK territorial waters. We will ask a contractor to help but the insured person must pay the contractor s costs, including call-out charges. We will also pass a message on behalf of the insured person to a member of their family, friend or work colleague if required. If life is in danger, the insured person must contact the emergency services directly. To contact the above services, phone us on Navigators & General MLP Combined WRD + KF (Web) AMI/DAS 6182/Feb 2010