LEGAL EXPENSES INSURANCE

Transcription

1 LEGAL EXPENSES INSURANCE This insurance is managed and provided by Arc Legal Assistance Limited. It is underwritten by Inter Partner Assistance SA, on whose behalf We act. Definitions You/Your An employee of policyholders name for whom a premium has been paid or is due to Us and who is domiciled in the United Kingdom, who is either: a member of the cockpit flight crew a member of the cabin crew a licensed engineer other non licensed engineering staff employed by policyholder s name where so ever based We, Us, Our Arc Legal Assistance Ltd acting on behalf of Underwriters. Legal Representative The Legal Representative is the solicitor or other person appointed with Our agreement under this policy to represent You. At any time before We agree that court proceedings need to be issued, We will choose the Legal Representative. The Legal Representative that We choose will be one of Our approved specialist solicitors. You can only choose the Legal Representative if We agree that court proceedings need to be issued or if a conflict of interest arises which means that the Legal Representative that We choose cannot act for You. If We agree to appoint a Legal Representative that You choose, he or she will be appointed on the same terms and fees as We would have appointed one of Our approved specialist solicitors. We may decide not to accept Your choice of Legal Representative. If We do not agree with Your choice, the matter will be settled using the procedure in condition 8. When choosing the Legal Representative, You must remember Your duty to keep the cost of any legal proceedings as low as possible. Costs We will pay the following: The professional fees and expenses reasonably and properly charged by the Legal Representative, which cannot be recovered from Your opponent Your opponent's Costs which You are ordered to pay by a civil court or tribunal We will only pay Costs which are necessary and in proportion to the value of Your claim. We will only start to cover the Costs from the time We have accepted the claim and appointed the Legal Representative. Standard Costs The level of Costs that would normally be incurred in using a nominated Legal Representative of Our choice. Territorial Limit Worldwide Period of insurance The dates shown in Your insurance schedule and any further monthly period subject to payment of premium being made and accepted. Underwriters Inter Partner Assistance SA, part of the AXA Group. Excess The amount that You must pay towards the cost of any claim as stated below:- Personal Injury: Nil or the amount shown below if You do not appoint Our panel solicitor Prosecution Defence: 250 or the amount below above if You do not appoint Our panel solicitor Representation at Inquiries: 250 or the amount shown below if You do not appoint Our panel solicitor An additional 250 will apply where You do not appoint Our panel solicitor. Prior to the issue of court proceedings or a Conflict of Interest arising there is no cover for the Costs of any Legal Representative other than those incurred by Our panel solicitor.

2 Limit of Indemnity The maximum payable in respect of an Insured Incident as stated below: For all sections where the insured incident occurs within United States and Canada: sum insured For all sections where the insured incident occurs within the rest of the world (excluding United States and Canada): sum insured COVER Personal Injury We will pay the Costs We have agreed to of You taking legal action against Your opponent as a result of an accident which causes Your death or bodily injury. We will provide this cover as long as: The accident happens within the Period of Insurance and the Territorial Limit; The legal action is brought within the Territorial Limit; and You have a reasonable chance of successfully recovering damages at all times We will not provide cover for the following: 1. Any claim to defend any legal action against You. 2. Claims arising from medical or clinical treatment, advice, assistance or care. 3. Claims arising from stress, psychological or emotional injury. 4. Claims arising from illness, personal injury or death which is caused gradually or is not caused by a specific event. Prosecution Defence We will pay the Costs We have agreed to of defending Your legal rights after any event which results in criminal proceedings being brought against You for an offence You are accused of committing during the course of Your employment as an employee of policyholder s name. We will provide this cover as long as: The offence You are accused of happened within the Period of Insurance and the Territorial Limit; and The claim will be decided by a court within the Territorial Limit You have a reasonable chance of successfully defending the prosecution at all times We will not provide cover for the following: 1. Any claim arising outside the course of Your employed activity as an employee of policyholder s name. Representation at Inquiries We will pay the Costs We have agreed to for Your Legal representation At an enquiry established by a statutory authority concerned with administration, management, education or training at which You are required or requested to attend, or it is in the interest of Your professional reputation or career to attend; At a public or private hearing held by a government authority into any accident or any occurrence in relation to any aircraft in which You may be involved We will provide this cover as long as the event leading to the enquiry happened within the Period of Insurance and the Territorial Limit. Legal Helpline This policy includes access to a Legal Helpline to give You advice 24 hours a day, 365 days a year. We may record the calls to protect You. When You call say that You are an employee of policyholder s name. We will ask You for a brief summary of the problem and pass these details on to an adviser who will return Your call. Simply telephone legal helpline number.

3 GENERAL EXCLUSIONS What Is Not Covered By Any Section There is no cover for: a) The Excess. b) Costs where You are entitled to a grant of legal aid from the body responsible for its administration, or where funding is available from another public body, a trade union, employer or any other insurance policy. c) Any claim in connection with or arising from any cause, event or circumstance occurring prior to or existing at the inception of the insurance policy which You knew or ought reasonably to have known may give rise to a claim or legal proceedings by or against You. d) Any Costs incurred before We have accepted Your claim in writing. e) Any fines or penalties including costs awarded against You by a criminal court. f) Claims made by or against Your insurance advisor, the Underwriters, the Legal Representative or Us. g) Costs We have not agreed to in writing. h) The amount of Costs in excess of Our Standard Costs where You have decided to use a Legal Representative of Your own choice. i) Costs if Your claim is part of a class action or will be affected by or will affect the outcome of other claims. j) Any claim You make which is false or fraudulent. k) Any claim arising from an incident intentionally brought about by You or any prosecution deliberately solicited by You l) Costs to defend You being prosecuted for an alleged offence arising from the death of or injury to another person, or the intention to cause the death of or injury to another person, or crimes of a sexual nature. m) Claims over loss or damage where that loss or damage is covered under another insurance policy. There is no cover for any claim directly or indirectly arising from: a) Ionising radiation or radioactive contamination from nuclear fuel or from any nuclear waste arising from burning nuclear fuel; or b) The radioactive, toxic, explosive or other dangerous properties of any nuclear equipment or nuclear part of that equipment. c) War, invasion, riot, revolution, terrorism or a similar event. d) Costs incurred in defending or pursuing new areas of law or test cases. e) Any dispute to do with written or verbal remarks which damage Your reputation. f) An application for a Judicial Review or reference to the European Court of Justice. g) Any business activity by You outside of Your employment h) Representation at any Service Board of Inquiry or Court Martial. i) The flying of any aircraft outside the course of Your employed activity as an employee of policyholder s name. j) A dispute between You and someone You live with or have lived with. k) A dispute between You and any other person covered by this policy. l) Any equipment (whoever owns it) failing to recognise, interpret or deal with any date change. CONDITIONS If You do not keep to the conditions, We may cancel the policy, refuse any claim and withdraw from any current claim. 1 You must: a) Give Us written details of Your claim along with any other supporting information We ask for. b) Not appoint a Legal Representative. c ) Make Your claim within six months of the event which gave rise to the dispute. d) Follow the Legal Representative's advice and provide any information he or she asks for. e) Take every step to recover Costs and pay them to Us. f) Get Our written permission before making an appeal. g) Take reasonable steps to ensure that the Legal Representative keeps to condition 2 below. 2 Your Legal Representative must do the following: a) Get Our written permission before instructing a barrister or expert witness b) Tell Us if, at any stage, there is no longer a reasonable chance of a successful defence, recovering damages or getting any other remedy. c) Tell Us immediately if the other party makes a payment into court or any offer to settle the matter. d) Report the result of the claim to Us when it is finished. 3 We will have the right to do the following: a) Take over and conduct, in Your name, any claim or proceedings.

4 b) Settle a claim by paying the amount in dispute or by mediation. c) Appoint the Legal Representative in Your name and on Your behalf d) Choose the Legal Representative at any time before We agree that court proceedings need to be issued You can only choose the Legal Representative if We agree that court proceedings need to be issued or a conflict of interest arises which means that the Legal Representative cannot act for You. You must send his or her name to us. If We agree to appoint a Legal Representative that You choose, he or she will be appointed on the same terms as We would have appointed Our chosen Legal Representative. We may decide not to accept Your choice of Legal Representative. If We do not agree with Your choice, the matter will be settled using the procedure in condition 7. When choosing the Legal Representative, You must remember Your duty to keep the cost of any legal proceedings as low as possible. e) Have any legal bill audited or assessed. f) Contact the Legal Representative at any time, and have access to all statements, opinions and reports. g ) End Your cover if, during the course of the claim, We think there is no longer a reasonable chance of success. If You continue the claim and get a better settlement than We expected, We will pay Your reasonable Costs, which You cannot recover from anywhere else. h) Settle the Costs covered by this policy at the end of the claim, if those Costs cannot be recovered from anywhere else. i) End Your claim and recover any Costs from You which We have already paid or agreed to pay if: The Legal Representative reasonably refuses to continue acting for You because of any unreasonable act or failure to act by You; or You unreasonably withdraw Your claim from the Legal Representative without Our agreement; and We do not agree to appoint another Legal Representative to continue Your claim 4 Your agreements with others: We will not be bound by any agreement between You and the Legal Representative, or You and any other person or organisation. 5 Cancellation Rights This policy is a Group policy effected by the client and as a consequence does not provide You with cancellation rights in accordance with a cooling off period. 6 Disputes If there is a dispute between You and Us, the matter may, where we both agree, be referred to an arbitrator who You and We agree to. If We and You cannot agree on an arbitrator, the President of the Law Society or the Chairman of the Bar Council will choose one. Whoever loses the arbitration must pay the costs involved. If the decision is not clearly made against either You or Us, the arbitrator will decide how You and We will share the costs. 7 Law and Language of this policy This policy is subject to the law of England and Wales. We will communicate with You in English. CUSTOMER SERVICES INFORMATION HOW TO MAKE A CLAIM If You need to make a claim under this policy, call the Legal Helpline on the number shown at the start of this policy and follow the instructions. The Legal Helpline will pass Your details to Our claims department. You can complete and submit Your claim form online by visiting Alternatively, Our claims department will send You a claim form to complete and return to Us. If Your claim is covered, We will send the details to a Legal Representative. The Legal Representative will contact You once they have received the details from Us. Data Protection Act Your details and details of Your insurance cover and claims will be held by Us and or the Underwriters for underwriting, processing, claims handling and fraud prevention subject to the provisions of the Data Protection Act Customer Service Our aim is to get it right, first time, every time. If We make a mistake, We will try to put it right promptly. If You are unhappy with the service that has been provided, You should contact Us at the address below. We will always confirm to You, within five working days, that We have received Your complaint. Within four weeks You will receive either a final response or an explanation of why the complaint is not yet resolved plus an indication of when a final response will be provided. Within eight weeks You will receive a final response or, if this is not possible, a reason for the delay plus an indication of when a final response will be provided. After eight weeks, if You are not satisfied with the delay You may refer Your complaint to the Financial Ombudsman Service. You can also refer to the Financial Ombudsman Service if You cannot settle Your complaint with Us.

5 Our contact details are: Arc Legal Assistance Ltd PO Box 8921 Colchester Tel CO4 5YD IPA address details are: Inter Partner Assistance The Quadrangle Station Road Redhill Surrey RH1 1PR Registered No: FC The Financial Ombudsman Service contact details are: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Tel Compensation We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if We or the Underwriters are unable to meet their obligations. Your entitlement to compensation will depend on the circumstances of the claim. Further information about compensation scheme arrangements is available at or by telephoning Authorisation Arc Legal Assistance Ltd is authorised and regulated by the Financial Conduct Authority. Arc Legal s Firm Reference Number is This can be checked on the Financial Services Register by visiting the website or by contacting the Financial Conduct Authority on Inter Partner Assistance in the UK is a branch of Inter Partner Assistance SA ('IPA'). IPA is authorised by the Belgian National Bank and subject to limited regulation by the Financial Conduct Authority in the UK. Details about the extent of IPA s regulation by the Financial Conduct Authority are available from IPA on request. IPA is listed on the Financial Services Register under number This can be checked by visiting the website or by contacting the Financial Conduct Authority on