ArtPLUS. Family Legal Protection Insurance and Home Assistance Plus Insurance

Transcription

1 ArtPLUS Family Legal Protection Insurance and Home Assistance Plus Insurance

2 Contents Family Legal Protection Insurance Policy Wording Policy Summary 2 Policy Wording 5 Definitions 5 Section 1: Employment disputes 7 Section 2: Contract disputes 7 Section 3: Personal injury 7 Section 4: Clinical negligence 7 Section 5: Property protection 7 Section 6: Tax protection 8 Section 7: Jury service and court attendance 8 Section 8: Legal defence 8 How to make a claim 9 Exclusions 11 Data protection 11 How to make a complaint 12 Helpline services 12 Home Assistance Plus Insurance Policy Wording Policy Summary 13 Policy Wording 16 Customer service 16 Definitions 17 Cover 17 What is not covered 18 Conditions 19 1

3 Family Legal Protection Insurance Policy Summary This policy summary provides key information about Family Legal Protection which you should read. It does not contain the full terms and conditions of the policy, which you can find in the Family Legal Protection policy document. Who is the insurer? The insurer for this section is DAS Legal Expenses Insurance Company Limited. Type of insurance cover Family Legal Protection is a legal expenses insurance contract. It will help you by providing legal advice and representation if you, or family members who always live with you, have a legal dispute which is insured under the policy. Duration Your Family Legal Protection Insurance policy is valid for the same duration as the ArtPLUS Household Insurance cover with which it is offered. Unless otherwise agreed, the duration of a policy is one year. Cancellation rights (cooling off period) You may cancel the policy without notice within 14 days of taking it out. After this you can cancel it at any time by telling us or your insurance adviser. Making a claim You must give DAS 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 newclaims@das.co.uk Or write to: The Claims Department, DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. Complaints If you have a complaint about our service or about the way we have treated you, please write to our Customer Relations Department at our head office address shown below. Alternatively you can telephone us on or us at: customerrelations@das.co.uk. A copy of our internal complaint handling procedure is available on request. If you are still not satisfied 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. Financial Services Compensation Scheme DAS is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. You can get more information about the compensation scheme arrangements from the FSCS. Our Head and Registered office is: DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. 2

4 Significant Features and Benefits Cover For the incidents and circumstances listed below, DAS will resolve an insured legal problem, either themselves or through external lawyers or experts that DAS will appoint. DAS will appoint their preferred choice of law firm to deal with a claim and will pay the costs and expenses, which include opponents costs. Territorial limits United Kingdom for most insured incidents but cover for Section 3 Bodily Injury extends to anywhere in the world. Section 1: Employment disputes We will pursue and defend your legal rights in a dispute arising from a contract of employment. Section 2: Contract disputes We will pursue and defend a claim for the sale or purchase of personal goods or the purchase of services. Section 3: Personal injury We will pursue claims for accidental death or physical injury. Section 4: Clinical negligence We will pursue claims where a single negligent medical act or procedure causes death or bodily injury. Section 5: Property protection We will pursue claims following damage to your home or your personal possessions Cover extends to problems such as nuisance and trespass. Section 6: Tax protection Representing your rights throughout a comprehensive HM Revenue & Customs investigation into your self-assessment tax return. Section 7: Jury service and court attendance Payment of salary or wages while you attend a court or tribunal as requested by your appointed representative or perform jury service. Section 8: Legal defence Defence of criminal prosecutions and actions for unlawful discrimination or breaches of the Data Protection Act 1998 arising from your work as an employee Defence of motoring prosecutions. Helpline services 24 Hour Telephone Helplines Eurolaw Legal Advice Service: Advice on personal legal problems under UK and EU law Tax Advice Service: Personal taxation advice Health & Medical Information Service: Help and information on health and fitness Counselling: Our qualified counsellors provide support in dealing with worrying problems. 3

5 Significant or Unusual Exclusions Cover There are reasonable prospects of success for the duration of the claim If you wish to use your own choice of law firm, any costs in excess of that which DAS would have paid their preferred law firm will be your responsibility. DAS will not pay them Costs incurred before DAS written acceptance of a claim Unless DAS agrees to start legal proceedings or there is a conflict of interest, DAS is free to choose the legal representative that will help you. Section 1: Employment disputes Disciplinary hearings, internal grievance procedures or compromise agreements. Section 2: Contract disputes You must enter into the contract during the period of insurance The amount in dispute must be more than 250 Disputes arising from a loan, mortgage, pension or investment. Section 3: Personal injury Any illness or bodily injury which happens gradually or is not caused by a specific or sudden accident. Section 4: Clinical negligence Alleged failure to correctly diagnose the condition. Section 5: Property protection A contract entered into by you Property damage must exceed 250. Section 6: Tax protection Investigations where you are self employed, a sole trader or in a business partnership. Section 7: Jury service and court attendance Any claim if you are unable to prove your loss. Section 8: Legal defence Parking or obstruction offences Driving without valid motor insurance Payment of court orders. Limit of indemnity External costs are limited to 150,000 and this includes opponents costs. Conditions Unless DAS agrees to start legal proceedings or there is a conflict of interest, DAS is free to choose a representative to help you. Helplines Health & Medical Information Service: Cannot be used to diagnose health problems. 4

6 Family Legal Protection Insurance Policy The insurer for this section is DAS Legal Expenses Insurance Company Limited. DAS Legal Expenses Insurance Company Limited ( DAS ) is the underwriter and provides the legal protection insurance under your policy. The legal advice service is provided by DAS Law Limited and/or a preferred law firm on behalf of DAS. DAS Legal Expenses Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. DAS Head and Registered Office is: DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. Registered in England and Wales, number DAS Law Limited is authorised and regulated by the Solicitors Regulation Authority. DAS Law Limited is listed on the Financial Conduct Authority register to carry out insurance mediation activity, including the administration of insurance contracts, on behalf of DAS Legal Expenses Insurance Company Limited. DAS Law Limited Head and Registered Office is: DAS Law Limited, North Quay, Temple Back, Bristol, BS1 6FL. Registered in England and Wales, number Website: Definitions Appointed representative The preferred law firm, law firm, accountant or other suitably qualified person we will appoint to act on your behalf. Costs and expenses All reasonable and necessary costs chargeable by the appointed representative and agreed by us in accordance with the DAS Standard Terms of Appointment The costs incurred by opponents in civil cases if you have been ordered to pay them, or you pay them with our agreement. Countries covered For insured incident 3 Personal injury: Anywhere in the world. For all other insured incidents: The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. DAS Standard Terms of Appointment The terms and conditions (including the amount we will pay to an appointed representative) that apply to the relevant type of claim, which could include a conditional fee agreement (no win, no fee). Date of occurrence For civil cases, the date of occurrence is the date of the event which leads to a claim. If there is more than one event arising at different times from the same originating cause, the date of occurrence is the date of the first of these events. (This is the date the event happened, which may be before the date you first became aware of it.) For criminal cases, the date of occurrence is when you began or are alleged to have begun to break the law. For Section 6 Tax Protection, the date of occurrence is when the HM Revenue & Customs first notifies you in writing of their intention to make an enquiry. Home Your principal residence, comprising private dwelling, garage and outbuildings used for domestic purposes and owned by you in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. Period of insurance The period for which we have agreed to cover you. 5

7 Preferred law firm A law firm or barristers chambers we choose to provide legal services. These legal specialists are chosen as they have the proven expertise to deal with your claim and must comply with our agreed service standard levels, which we audit regularly. They are appointed according to the DAS Standard Terms of Appointment. Reasonable prospects For civil cases, the prospects that you will recover losses or damages (or obtain any other legal remedy that we have agreed to, including an enforcement of judgment), make a successful defence or make a successful appeal or defence of an appeal, must be at least 51%. We, or a preferred law firm on our behalf, will assess whether there are reasonable prospects. Secondary home Private dwellings and/or private land owned by you in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. We, us, our DAS Legal Expenses Insurance Company Limited. You, your You, and any member of your family who always lives with you. Anyone claiming under this policy must have your agreement to claim. Our agreement We agree to provide the insurance described in this section, in return for payment of the premium and subject to the terms, conditions, exclusions and limitations set out in this section, provided that: 1 reasonable prospects exist for the duration of the claim 2 the date of occurrence of the insured incident is during the period of insurance 3 any legal proceedings will be dealt with by a court, or other body which we agree to, within the countries covered, and 4 the insured incident happens within the countries covered. What we will pay We will pay an appointed representative, on your behalf, costs and expenses incurred following an insured incident, provided that: the most we will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is 150,000 the most we will pay in costs and expenses is no more than the amount we would have paid to a preferred law firm in respect of an appeal or the defence of an appeal, you must tell us within the time limits allowed that you want to appeal. Before we pay the costs and expenses for appeals, we must agree that reasonable prospects exist for an enforcement of judgment to recover money and interest due to you after a successful claim under this section, we must agree that reasonable prospects exist, and where an award of damages is the only legal remedy to a dispute and the cost of pursuing legal action is likely to be more than any award of damages, the most we will pay in costs and expenses is the value of the likely award. What we will not pay In the event of a claim, if you decide not to use the services of a preferred law firm, you will be responsible for any costs that fall outside the DAS Standard Terms of Appointment and these will not be paid by us. 6

8 Section 1: Employment disputes We will negotiate for your legal rights in a dispute relating to your contract of employment. We do not cover any claim relating to the following: Employers disciplinary hearings or internal grievance procedures; Any claim relating solely to personal injury A compromise agreement while you are still employed. Section 2: Contract disputes We will negotiate for your legal rights in a dispute arising from an agreement or an alleged agreement which you have entered into in a personal capacity for: Buying or hiring in of goods or services; or Selling goods. We will negotiate for your legal rights in a contractual dispute or for misrepresentation arising from an agreement or alleged agreement which you have entered into for the buying or selling of your home and/or secondary home. Provided you entered into the agreement or alleged agreement during the period of insurance and that the amount in dispute is more than 250. We do not cover any claim relating to the following: A contract regarding your trade, profession, employment or any business venture A dispute over the terms of a lease, licence, or tenancy of land or buildings. However, we will cover a dispute with a professional adviser in connection with these matters The settlement payable under an insurance policy (we will negotiate if your insurer refuses their claim, but not for a dispute over the amount of the claim) A dispute arising from any loan, mortgage, pension, investment or borrowing. Section 3: Personal injury We will negotiate for your legal rights in a claim against a party who causes the death of or bodily injury to you. We do not cover any claim relating to the following: Any illness or bodily injury which happens gradually; Psychological injury or mental illness unless the condition follows a specific or sudden accident that has caused physical bodily injury to you Defending your legal rights, but defending a counter-claim is covered Clinical negligence. Section 4: Clinical negligence We will negotiate for your legal rights in a claim against a party who causes an identified negligent act of surgery or identified negligent clinical or medical procedure, which causes death or bodily injury to you. We do not cover any claim relating to the following: The failure or alleged failure to correctly diagnose your condition Psychological injury or mental illness that is not associated with you having suffered physical bodily injury. Section 5: Property protection We will negotiate for your legal rights in a civil dispute relating to your home and/or secondary home that you own, or are responsible for, following: An event which causes or could cause physical damage to such material property, provided that the amount in dispute is more than 250; or 7

9 A legal nuisance (meaning any unlawful interference with your use or enjoyment of your home and/or secondary home, or some right over, or in connection with it); or A trespass. Please note that you must have established the legal ownership or right to the land that is the subject of the dispute. We do not cover any claim relating to the following: A contract entered into by you; Any building or land other than your home and/or secondary home; Someone legally taking your home and/or secondary home from you, whether you are offered money or not, or restrictions or controls placed on your home and/or secondary home by any government or public or local authority; Work done by, or on behalf of, any government or public or local authority unless the claim is for accidental physical damage; Mining subsidence; Adverse possession (meaning the occupation of any building or land either by someone trying to take possession from you or of which you are trying to take possession) The enforcement of a covenant by or against you Defending a claim relating to an event that causes physical damage to material property but defending a counter-claim is covered. Section 6: Tax protection We will negotiate for you in a comprehensive examination by HM Revenue & Customs that considers all areas of your self assessment tax return, but not enquiries limited to one or more specific area. We do not cover any claim relating to the following: The tax affairs of a company, or any claim if you are self-employed, or a sole-trader, or in a business partnership; Any investigation or enquiries undertaken by HM Revenue & Customs Specialist Investigations or the HM Revenue & Customs Prosecution Office. Section 7: Jury service and court attendance We will pay your net salary or wages for the time that you are absent from work to: Perform jury service; Attend any court or tribunal at the request of the appointed representative. The maximum we will pay is your net salary or wages for the time that you are absent from work less any amount the court gives you. We will not pay any claim if you are unable to prove your loss. Section 8: Legal defence We will defend your legal rights if an event arising from your work as an employee leads to: You being prosecuted in a court of criminal jurisdiction; or Civil action being taken against you under: Discrimination legislation Section 13 of the Data Protection Act We will defend your legal rights if an event leads to your prosecution for an offence connected with the use or driving of a motor vehicle. We do not cover any claim relating to the following: Parking or obstruction offences; The driving of a motor vehicle by you for which you do not have valid motor insurance. 8

10 Limit of indemnity The most we will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is 150,000. To make a claim To make a claim under this section, please phone 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. If your dispute needs to be dealt with as a claim under this section, we will give you a claim reference number. 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 claims-handling teams and explain what to do next. If you prefer to report your claim in writing, you can send it to the Claims Department at the address shown below: Claims Department, DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. Or you can your claim to us at: newclaims@das.co.uk Please do not ask for help from a lawyer, accountant or anyone else before we have agreed that you should do so. If you do, we will not pay the costs involved even if we accept the claim. Conditions 1 Your legal representation a On receiving a claim, if legal representation is necessary, we will appoint a preferred law firm or in-house lawyer as your appointed representative to deal with your claim. They will try to settle your claim by negotiation without having to go to court b If the appointed preferred law firm or our in-house lawyer cannot negotiate settlement of your claim and it is necessary to go to court and legal proceedings are issued or there is a conflict of interest, then you may choose a law firm to act as the appointed representative c If you choose a law firm as your appointed representative who is not a preferred law firm, we will give your choice of law firm the opportunity to act on the same terms as a preferred law firm. However if they refuse to act on this basis, the most we will pay is the amount we would have paid if they had agreed to the DAS Standard Terms of Appointment d The appointed representative must co-operate with us at all times and must keep us up to date with the progress of the claim. 2 Your responsibilities a You must co-operate fully with us and the appointed representative b You must give the appointed representative any instructions that we ask you to. 3 Offers to settle a claim a You must tell us if anyone offers to settle a claim. You must not negotiate or agree to a settlement without our written consent b If you do not accept a reasonable offer to settle a claim, we may refuse to pay further costs and expenses c We may decide to pay you the reasonable value of your claim, instead of starting or continuing legal action. In these circumstances you must allow us to take over and pursue or settle any claim in your name. You must also allow us to pursue at our own expense and for our own benefit, any claim for compensation against any other person and you must give us all the information and help we need to do so d Where a settlement is made on a without-costs basis we will decide what proportion of that settlement will be regarded as costs and expenses and payable to us. 4 Assessing and recovering costs a You must tell the representative to have costs and expenses taxed, assessed or audited, if we ask for this b You must take every step to recover costs and expenses that we have to pay and must pay us any costs and expenses that are recovered. 5 Cancelling an appointed representative s appointment If the appointed representative refuses to continue acting for you with good reason, or if you dismiss the appointed representative without good reason, the cover we provide will end at once, unless we agree to appoint another appointed representative. 9

11 6 Withdrawing cover If you settle a claim or withdraw it without our agreement, or do not give suitable instructions to the appointed representative, we can withdraw cover and will be entitled to reclaim from you any costs and expenses we have paid. 7 Expert opinion We may require you to get, at your own expense, an opinion from an expert that we consider appropriate, on the merits of the claim or proceedings, or on a legal principle. The expert must be approved in advance by us and the cost agreed in writing between you and us. Subject to this, we will pay the cost of getting the opinion if the expert s opinion indicates that it is more likely than not that you will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence. 8 Arbitration If there is a disagreement between you and us about the handling of a claim and it is not resolved through our internal complaints procedure, you can contact the Financial Ombudsman Service for help. Alternatively there is a separate arbitration process. The arbitrator will be a barrister chosen jointly by you and us. If there is a disagreement over the choice of arbitrator, we will ask the Chartered Institute of Arbitrators to decide. 9 Keeping to the policy terms You must: a keep to the terms and conditions of this section b take reasonable steps to avoid and prevent claims c take reasonable steps to avoid incurring unnecessary costs d send everything we ask for, in writing, and e report to us full and factual details of any claim as soon as possible and give us any information we need. 10 Cancelling the policy You can cancel this section 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. We can cancel this policy at any time as long as we tell you at least 14 days beforehand. 11 Fraudulent claims We will, at our discretion, void the section (make it invalid) from its start date or from the date of claim, or alleged claim, or we will not pay the claim if: a a claim you have made to obtain benefit under this section is fraudulent or intentionally exaggerated, or b a false declaration or statement is made in support of a claim. 12 Claims under this policy by a third party Apart from us, you are the only person who may enforce all or any part of this section 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 section in relation to any third-party rights or interest. 13 Other insurances If any claim covered under this section is also covered by another policy, or would have been covered if this section did not exist, we will only pay our share of the claim even if the other insurer refuses the claim. 14 Law that applies This section is governed by the law that applies in the part of the United Kingdom, Channel Islands or Isle of Man where you normally live. Otherwise, the law of England and Wales applies. All Acts of Parliament mentioned in this section include equivalent laws in Scotland, Northern Ireland, the Isle of Man and the Channel Islands as appropriate. 10

12 Exclusions We will not pay for the following: 1 Late reported claims A claim where you have failed to notify us of the insured incident within a reasonable time of it happening and where this failure adversely affects the reasonable prospects of a claim or we consider our position has been prejudiced. 2 Costs we have not agreed Any costs and expenses incurred before our written acceptance of a claim. 3 Court awards and fines Fines, penalties, compensation or damages that a court or other authority orders you to pay. 4. Legal action we have not agreed Any legal action you take that we or the appointed representative have not agreed to, or where you do anything that hinders us or the appointed representative. 5 Group litigation order Any claim where you may be one of a number of people involved in a legal action resulting from one or more events arising at the same time or from the same cause which could result in the court making a Group Litigation Order. 6 Defamation Any claim relating to written or verbal remarks which damage your reputation. 7 A dispute with DAS A dispute with us not otherwise dealt with under Condition 8. 8 Judicial review Costs and expenses arising from or relating to Judicial Review, coroner s inquest or fatal accident inquiry. 9 Nuclear, war and terrorism risks A claim caused by, contributed to by or arising from: ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel; the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it; war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; or pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds. 10 Litigant in person Any claim where you are not represented by a law firm, barrister or tax expert. Data protection To provide and administer the legal advice service and legal expenses insurance we must process your personal data (including sensitive personal data such as convictions) that we collect from you in accordance with our Privacy Policy. To do so, we may need to send your information to other parties, such as lawyers or other experts, the court, insurance intermediaries or insurance companies. To give you legal advice, we may have to send information outside the European Economic Area. In doing this, we will comply with the Data Protection Act Unless required by law or by a professional body, we will not disclose your personal data to any other person or organisation without your written consent. For any questions or comments, or requests to see a copy of the information we hold about you, please write to the Group Data Protection Controller at our Head Office address on

13 How to make a complaint We will always try to give you a quality service. If you think we have let you down, please write to our Customer Relations Department at our Head Office address shown below. Or you can phone us on or us at: customerrelations@das.co.uk. Details of our internal complaint handling procedures are available on request. Our Head and Registered Office is: DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. Registered in England and Wales, number 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 (free from a landline) or (free from some mobile phones) Website: Referral to the Financial Ombudsman does not affect your right to take legal action. DAS Legal Expenses Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Helpline services You can contact our UK-based call centres 24 hours a day, seven days a week. However, we may need to arrange to call you back depending on your enquiry. To help us check and improve our service standards, we record all inbound and outbound calls, except those to the counselling service. When phoning, please tell us your policy number and the name of the insurance provider who sold you this policy. Please do not phone us to report a general insurance claim. To contact these services (except the counselling services) phone us on Eurolaw legal advice service We provide confidential legal advice over the phone on any personal legal issue, under the laws of any European Union country, the Isle of Man, the Channel Islands, Switzerland and Norway. Advice about the law in England and Wales is available 24 hours a day, seven days a week. Legal advice for the other countries is available 9am 5pm, Monday to Friday, excluding public and bank holidays. If you call outside these times, a message will be taken and a return call arranged within the operating hours. Tax advice service We offer confidential advice over the phone on personal tax matters in the UK. Tax advice is provided by tax advisors 9am 5pm, Monday to Friday, excluding public and bank holidays. If you call outside these times, a message will be taken and a return call arranged within the operating hours. Health and medical information service We will give you information over the phone on general health issues, and non-diagnostic advice on medical matters. Advice can be given on allergies, the side-effects of drugs and how to improve overall health. Information is available on all health services including NHS dentists. Health and medical information is provided by qualified nurses 9am 5pm, Monday to Friday, excluding public and bank holidays. If you call outside these times, a message will be taken and a return call arranged within the operating hours. Counselling We will provide you with a confidential counselling service over the phone including, where appropriate, onward referral to relevant voluntary or professional services. To contact the counselling helpline, phone us on You will pay any costs for using the services to which we refer you. 12

14 Home Assistance Plus Insurance Policy Summary This policy summary provides key information about DAS Home Assistance Plus, which you should read. It does not contain the full terms and conditions of the policy, which can be found in the Home Assistance Plus policy document. Who is the insurer? The insurer for this section is DAS Legal Expenses Insurance Company Limited. Type of insurance cover Home Assistance Plus is an assistance insurance contract. It will assist you in an emergency situation that has caused damage to your home or threatens the safety, security or comfort of your home. Duration Your Home Assistance Plus Insurance policy is valid for the same duration as the ArtPLUS Household Insurance cover with which it is offered. Unless otherwise agreed, the duration of a policy is one year. Cancellation rights (cooling off period) You may cancel the policy without notice within 14 days of taking it out. After this you can cancel it at any time by telling us or your insurance adviser. Making a claim If you have a home emergency and wish to claim for assistance, you must call us within 48 hours of becoming aware of the problem. Please call our Home Assistance helpline on and give your name, address including the postcode and a description of the emergency. We will tell you what to do next. Lines are open 24 hours a day, 365 days a year. Complaints We will always try to give you a quality service. If you think we have let you down, please write to our Customer Relations Department at our Head Office address shown below. Alternatively you can telephone us on or us at: customerrelations@das.co.uk. Details of our internal complaint handling procedures are available on request. Our Head and Registered Office is: DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. If you are still not satisfied, you can contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. You can also contact them on (free from a landline) or (free from some mobile phones). Website: Using this service does not affect your right to take legal action. Financial Services Compensation Scheme (FSCS) 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 depends on the type of business and the circumstances of the claim. You can get more information about the compensation scheme arrangements from the FSCS. 13

15 Significant Features and Benefits How we can help We will arrange and pay for emergency assistance in the circumstances described below 24 hours a day 365 days a year; if you need immediate help to prevent damage or further damage to your home, make it safe and secure or alleviate unreasonable discomfort, risk or difficulty to anyone. Cover We will pay up to 1,500 (including VAT) for the call-out charge, labour costs, parts and materials to provide help with an insured incident. Insured incidents Roof damage: Damage to your roof has caused or is likely to cause internal damage to your home Plumbing and drainage: Your drains or plumbing system suddenly becomes damaged, blocked, broken or flooded Main heating system: your main heating system fails Domestic power supply: Your supply of gas or electricity fails Toilet damage: Your toilet bowl or cistern is damaged by impact or completely fails to function Home security: The security of your home is compromised due to damage or failure of external doors, windows or locks Lost keys: The only available set of keys to your home is lost and you are unable to replace them or gain normal access Territorial Limit: United Kingdom of Great Britain and Northern Ireland, the Isle of Man and Channel Islands. 14

16 Significant or Unusual Exclusions or Limitations Insured incidents Plumbing and drainage: Problems with septic tanks, cesspits or fuel tanks. Domestic power supply: Failure of the mains supply Failure to buy or provide enough gas, electricity or other fuel source. What is not covered We cannot accept claims: For routine home maintenance (such as servicing heating systems) or replacement of parts due to gradual wear and tear For the cost of redecorating, cosmetic repair, or reinstating your home if it is damaged by contractors to gain access If your home is left unoccupied for 30 consecutive days For costs incurred before we have been notified of the emergency If the emergency is caused deliberately or through your negligence That arise from incorrect installation or repair of equipment or facilities or that result from a design fault For parts or labour if the equipment or facility is under guarantee or warranty If you are not present when our approved contractor arrives to help. Conditions We will always try to provide the service but cannot be responsible for any breakdown of the service that is beyond our control. 15

17 Home Assistance Plus Insurance Policy The insurer for this section is DAS Legal Expenses Insurance Company Limited. To make sure you get the most from your DAS cover, please take time to read this policy which explains the contract between you and us. If you have any questions or would like more information, please contact your insurance adviser. How we can help Once you have given us details of your claim and we have accepted it, we will arrange for one of our approved contractors to assist you as quickly as possible. To make a claim under your policy, please telephone us on straight away and provide the following information: Your name and the home address including postcode; The nature of the home emergency. We will tell you what to do next. The telephone line is available 24 hours a day. Before requesting assistance please check that the circumstances are covered by this policy. It is important that you contact our assistance operation centre as soon as possible after the home emergency and within 48 hours of becoming aware of the problem. Please note that remote locations and unforeseeable adverse weather conditions may affect normal standards of service. All telephone calls to us are monitored and recorded as part of our training and quality assurance programmes. By using this service you are agreeing to us recording your call. When we cannot help We cannot help in any major emergency which could result in serious risk to you or substantial damage to your home. In this situation, you should immediately contact the Emergency Services and any company that supplied the service. We will not pay any claim unless we have given our agreement, or if there is no one at home when our approved contractor arrives. Customer service We will always try to give you a quality service. If you think we have let you down, please write to our Customer Relations Department at our Head Office address shown below. Or you can phone us on or us at: customerrelations@das.co.uk. Details of our internal complaint handling procedures are available on request. Our Head and Registered Office is: DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH. Registered in England and Wales, number 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 (free from a landline) or (free from some mobile phones). Website: Referral to the Financial Ombudsman does not affect your right to take legal action. DAS Legal Expenses Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. 16

18 Definitions We, us, our DAS Legal Expenses Insurance Company Limited. You, your The person who has taken out this policy. Insured person You and any person who lives in or is staying at your home. Home Your residence(s), comprising private dwelling, garage and outbuildings used for domestic purposes and owned by you in the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. Home emergency A sudden unforeseen event which requires immediate corrective action to: 1 Prevent damage or further damage to your home; or 2 To make your home safe or secure; or 3 Alleviate unreasonable discomfort, risk or difficulty to any insured person. Period of cover The period for which we have agreed to cover you. Main heating system The main hot water or central heating system in your home. This includes pipes which connect components of the system but not cold water supply or drainage pipes. This does not include any non-domestic heating or hot water systems or any form of solar heating. Plumbing and drainage The cold water supply and drainage system within the boundary of your home and for which you are legally responsible. This does not include pipes: 1 Which connect components of the heating system; or 2 For which your water supply or sewerage company are responsible. Cover We agree to provide the insurance in this policy, keeping to the terms, conditions and exclusions as long as the home emergency happens during the period of cover. If the service you need is not provided under these terms, we will try (if you wish) to arrange it at your expense. The terms of such service are a matter for you and your supplier. We will pay up to 1,500 (including VAT) for the call-out charge, labour costs, parts and materials to provide help with an insured incident. 17

19 Insured incidents 1 Roof damage Any damage to the roof of your home where internal damage has been caused or is likely 2 Plumbing and drainage The sudden damage to, or blockage, breakage or flooding of, the drains or plumbing system in your home 3 Main heating system The sudden failure to function of the main heating system in your home 4 Domestic power supply The failure of the domestic electricity, or domestic gas supply, but not the failure of the mains supply 5 Toilet unit Impact damage to, or mechanical failure of, the toilet bowl or cistern in your home which results in complete loss of function of the only or all toilets in your home 6 Home security Damage to, or the failure of, external doors, windows or locks which compromises the security of your home 7 Lost keys The loss of the only available set of keys to your home if you cannot replace them, or gain normal access. What is not covered 1 Any incident or matter arising before the start of this section 2 Any normal day-to-day home maintenance which an insured person should carry out or pay for (such as servicing of heating and hot water systems) and the replacement of parts that tend to gradually wear out over a period of time or need regular attention 3 The cost of redecorating, or cosmetic repairs to parts or equipment in your home 4 Any claim where your home has been left unoccupied for 30 consecutive days 5 Any claim arising from an insured person s failure to comply with our instructions in respect of the assistance being provided 6 Any costs incurred before an insured person has notified us of a home emergency 7 Claims arising from any wilful or negligent act or omission by an insured person 8 Any claim relating to the interruption, failure or disconnection of the mains electricity, mains gas or mains water supply 9 Any claim relating to the failure of equipment or facilities which is a result of them being incorrectly installed, repaired or modified, or which is caused by a design fault which makes them inadequate or unfit for use 10 Claims for parts or labour if the equipment or facility is still under guarantee or warranty from the manufacturer, supplier or installer 11 The malfunction or blockage of septic tanks, cesspits or fuel tanks 12 Damage incurred in gaining necessary access to, or in reinstating the fabric of, your home 13 Any claims arising out of subsidence, landslip or heave 14 Damage to boundary walls, gates, hedges or fences and any damage to garages or outbuildings 15 Any claim related to an insured person s failure to purchase or provide sufficient gas, electricity or other fuel source 16 Any costs incurred where our approved contractor has attended but your home was unoccupied 18

20 17 Home emergencies 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; d Pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds; e Pollution or contamination of any kind. 18 Apart from us, 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 Contract (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third party rights or interest. Conditions 1 Claims must be reported to us as soon as possible and no later than 48 hours after you first become aware of the home emergency 2 An insured person must: a Keep to the terms and conditions of this section; b Maintain the home and all domestic equipment in good condition, and carry out or arrange regular inspections and preventative maintenance to the fabric and structure of the home; c Try to prevent anything happening that may cause a claim; d Take reasonable steps to keep any amount we have to pay as low as possible 3 We can cancel this section at any time as long as we tell you at least 14 days beforehand. You can cancel this section at any time as long as you tell us at least 14 days beforehand 4 We will make every effort to provide the service at all times, but we will not be responsible for any liability arising from a breakdown of the service for reasons we cannot control 5 We will not pay for any loss that is not directly covered by the terms and conditions of this policy. For example, we will not pay to replace a carpet damaged by a leak or for time taken off work because of a home emergency 6 We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this section did not exist 7 This section will be governed by English law. 19

21 AXA ART Insurance Limited AXA ART Insurance Limited Marlow House 1A Lloyd s Avenue London EC3N 3AA Registered in England and Wales No Registered Office AXA ART Insurance Limited Marlow House 1A Lloyd s Avenue London EC3N 3AA Telephone: Fax: info@axa-art.co.uk Website: AXA ART Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. AXAART_FAMILYLEGAL_V3 (04/14) (35471)