ABN AMRO Verzekeringen conditions legal expenses insurance 2014 This is a translation of the original Dutch text. In the event of any disparity between the Dutch original and this translation, the Dutch text will prevail. These conditions describe your insurance. This insurance offers legal assistance in the event that you have a conflict or imminent conflict with another person. Do you have any further questions? Call telephone number 0900 0024 (usual call charges without surcharge). Important to know in advance The legal assistance for this insurance is provided by ARAG. We do not do this ourselves. For this purpose, ARAG abides by these conditions. What do these conditions say? Page 1: What do the words in italics mean? Page 1: How do you apply for legal assistance? Page 1: What changes must you always report? Page 2: What does your legal expenses insurance cover? Page 3: What does your legal expenses insurance never cover? Page 4: What happens if you apply for legal assistance? Pages 5-6 What other agreements are there? Pages 7-8 List of Definitions with explanation of the words printed in italics. What do the words in italics mean? Some words in these conditions are printed in italics. These words have a special meaning. The interpretation thereof can be found in the list of definitions at the end of these conditions. How do you apply for legal assistance? Do you need legal assistance in the event of a conflict or imminent conflict? Call ARAG via telephone number 033-434 24 70. Please note: you can only apply for legal assistance with permission of the policyholder. What changes must you always report? If you move abroad, you must report this to us. Please note: Do you live abroad? Then you are no longer insured. ABN AMRO Legal Expenses Insurance Page 1 van 8 60-5622-08/14-11
What does your legal expenses insurance cover? Your insurance covers legal assistance in the event of a conflict or imminent conflict. The event that caused a conflict had to be unforeseen when you took out this insurance. Your insurance consists of various parts. The cover is dependent on the choice you have made. Each part is covered in a certain area. Do you have a conflict? Then the law of a country in that area must apply. Is a conflict submitted to the court? Then the court must have jurisdiction in one of these countries. Please note: The cover applies unless there is a situation your insurance never covers. Therefore, do not only read what your insurance covers but also what you insurance does not cover. What is covered by your legal expenses insurance for the part Consumer & Living? The part Consumer & Living covers legal assistance for you as a private person within the European Union in the event of a conflict: with another person who causes you damage, harm or financial disadvantage or threatens to do so; with a company on a purchased product or service and the agreements are not met; with the government on a planning permit or environmental permit; with the government on a decision that will directly affect the use of your home in the Netherlands, such as expropriation; with the government on a decision regarding you; on the buying, renting, building or refurbishing of a house for private use in the Netherlands; on an inheritance or your pension; in which another person holds you liable. Please note: ARAG provides legal assistance until legal proceedings are initiated. Does the final judgment of the court state that you did not act unlawfully? Then ARAG afterwards will also reimburse you the costs of the proceedings; that comes under the statutory rights and duties between neighbours or the law of persons and family law; that consists of criminal proceedings in which you are prosecuted for death or negligent bodily harm. Please note: for other criminal proceedings brought against you, ARAG will afterwards reimburse you the costs of legal assistance. But only if you are acquitted, if prosecution is discontinued or if you are informed that you are not further prosecuted. You immediately have to report this to ARAG within a month after the irrevocable decision. What does your legal expenses insurance cover for the part Traffic? The part Traffic covers legal assistance for you as road user or owner of a means of transport. This cover applies worldwide to: a conflict in which you suffer damage or harm through a fault of another person; a conflict with the government concerning the surrender of your driver s license. Please note: This is not covered in criminal proceedings; a traffic offence whereby you are prosecuted for death or negligent bodily harm. Please note: For other criminal proceedings against you, ARAG will compensate the costs you incurred for legal assistance. However, only if you are acquitted, discharged from prosecution or if you are informed that no further action will be taken against you. You immediately have to report this to ARAG within a month after the irrevocable decision. What does your legal expenses insurance cover if you also have taken out insurance for the part Income? Does the policy say that you have cover for the part Income? Then legal assistance is covered within the European Union in the event of a conflict of you as: (former) employee with your (former) employer on your employment contract or employment; (former) employee and this concerns a complaint, disciplinary proceedings or criminal proceedings against you; person entitled to benefit with the government regarding your social security benefit; private person regarding the buying, renting, building, refurbishing, expropriation or statutory rights and duties between neighbours of a house for private use outside the Netherlands. Please note: This is also covered in Switzerland and Norway; unremunerated director of an association or foundation and you are held liable for this. Page 2 van 8 ABN AMRO Legal Expenses Insurance
What does your legal expenses insurance NEVER cover? Your insurance NEVER covers legal assistance in the event of a conflict: for which you engaged another party for legal assistance without ARAG s permission. due to an event that was foreseeable before the start of your insurance. Please note: Do you show at the request of ARAG that the event was unforeseeable? Then this exclusion does not apply; arisen due to or caused by an event before the commencement of your insurance or after termination of your insurance. In case of a series of events the first event also has to fall within the term of the insurance; reported later than 6 months after termination of your insurance; that you report it so late that the legal assistance became much more expensive or difficult for ARAG. But only if ARAG demonstrates the following; between co-insured among themselves or co-insured and the policyholder; of you as a lessor; in which your interest does not exceed 200.-; Please note: This does not apply to the part Traffic; in which you can make use of legal assistance by your liability insurer; which you were not involved in when it arose; in which you stood surety or vouched for another person when it arose; in which the need for legal assistance is the intended or predictable consequence of your behaviour; in which you are criminally prosecuted. Please note: This does not apply in the event of a conflict in which you are prosecuted for criminally negligent homicide or negligent bodily harm; in connection with a general law or rule of the government or regarding taxes; in connection with a debt you are unable to pay; in connection with a moratorium or your bankruptcy; in connection with copyright law, patent law or another industrial or intellectual property; in connection with a building other than the one in which you are living, have lived or have bought in order to live in; in connection with the obtaining of a judicial remedy; in connection with the purchase of a used motor vehicle without a BOVAG guarantee or dealer guarantee; in connection with an inheritance of someone who passed away before the start of your insurance; in connection with a game of chance; in connection with investing or asset management; in connection with a divorce, legal separation or termination of a cohabitation. And the consequences thereof; arisen due to a speed race or contest of skill in which you take part; arisen because you drive a means of transport and this is not allowed by law, or arisen while you are using the means of transport for business purposes; arisen due to an earthquake, volcanic eruption, flooding, acts of war or nuclear reaction; due to terrorism that is not compensated by the Netherlands Reinsurance Company for Losses from Terrorism. Also see terrorismeverzekerd.nl; on the cover or premium contribution of this insurance. Please note: Are you going to court for this and are you successful? Then ARAG will afterwards reimburse you the costs; on a residence permit. Please note: This does not apply in the event that you have a conflict on the withdrawal of a final residence permit. Words that appear in italics are explained in the list of definitions on page 6. ABN AMRO Legal Expenses Insurance Page 3 van 8
What happens if you apply for legal assistance? 1 What will ARAG do if you apply for legal assistance? Do you require legal assistance for a conflict? Then you always have to report this to ARAG first. ARAG will establish what happened. You give ARAG the information it needs. Sometimes ARAG will request an expert report from you in order to establish whether there is a conflict. Does the report demonstrate this? Then ARAG will compensate the costs of the report. Please note: Are there more interested parties in a conflict? Then ARAG will only compensate your part in the total costs. Whether the other interested parties participate in the action is not relevant here. 2 How does ARAG determine whether legal assistance for a conflict is covered? In order to determine whether legal assistance is covered for a conflict ARAG uses these conditions, your policy and the information it received. Has the required information been received? Then ARAG will contact you within 2 working days. 3 How will you receive legal assistance in case of a covered conflict? ARAG s lawyers will handle the legal assistance for you. In two situation you can choose a qualified expert or lawyer yourself after ARAG s permission. ARAG will engage these lawyers for you. This is allowed in legal or administrative proceedings. This is also allowed if the counter party is entitled to ARAG s legal assistance. Per conflict ARAG engages a qualified lawyer or expert once. In this context, you will keep ARAG informed of the progress. You will do this by authorizing the lawyer or expert to inform ARAG about the progress. Does ARAG believe that a report of an expert is required when handling your conflict? Then ARAG will arrange and pay for this itself. Do you not agree with this report? Then you can have a report drawn up yourself. Does ARAG use your report? Then ARAG will compensate the costs hereof. Are the costs of your legal assistance higher than your damage? Then ARAG can compensate your damage and you will no longer receive any legal assistance for this damage. Please note: Do you have a conflict outside the European Union which is covered under Traffic? Then a maximum insured amount of 10,000 per conflict applies. However, this only applies to costs other than those of ARAG s employees. 4 What happens if you do not agree with the approach of your conflict? ARAG or the lawyer discusses the approach and the desired result with you. In that context, the following applies: Do you not agree with ARAG s approach? Then ARAG will engage an independent expert to assess this. The following outcomes are possible: - you are found to be in the right. In that case, you determine who will grant the legal assistance. Please note: This cannot be the independent expert or a colleague; - you are found to be in the wrong. In that case, the approach remains as proposed. Do you not agree with this? Then you can continue for your own account. Do you achieve the desired result? Then ARAG will compensate your costs. Do you not agree with the approach of the lawyer or expert? Then you can continue for your own account. Do you achieve the desired result with this? Then ARAG will compensate your costs. 5 Which costs does ARAG furthermore compensate in case of a covered conflict? In addition to costs of legal assistance ARAG covers other costs as well. But only if you consult with ARAG before you incur these costs. And if ARAG agrees. These exclusively concern the following costs: your part of the mediation costs; your required travel and accommodation expenses because you have to appear before a foreign court; the legal costs of the counter party the court ordered you to pay; court fees and your costs of witnesses or experts who are summoned on your behalf; your costs to ensure that a court ruling is rendered. This applies up to a maximum of five years after an final judgment; costs of a deposit up to a maximum of 50,000. ARAG will conclude separate agreements with you for this. Page 4 van 8 ABN AMRO Legal Expenses Insurance
What other agreements are there? When does your insurance start? The insurance commences on the starting date. The starting date is on the policy. When can your insurance be ended by you? You can terminate your insurance at any time without giving any reason. You must give notice of the termination of the insurance 30 days before the desired termination date. When can your insurance be ended by us? Your insurance can be terminated by us on the revision date. The revision date is on the policy. We must give notice of the termination of the insurance 60 days before the termination date. We are also allowed to terminate your insurance in the following situations: within 30 days after damage has been reported or paid out; in case of fraud by you or changes that you must report; when the ABN AMRO bank account, connected to this insurance, is terminated; when you have not paid the premium despite a warning. When does your insurance change? The insurance will be changed on the date of change. The date of change is on the changed policy. The previous policy will lapse at that time. In what situations may we change your insurance? We may always change the conditions or premium of your insurance on the date of change. We can also change your insurance at other moments: Has the policyholder reported a change in the risk? Or are the details on the policy incorrect? Then we may change the premium or conditions. Do we want to change the insurance for a specific group of insurances or policyholders at the same time? Then we may always change the premium or the conditions. And on a date we choose. Do you not agree with a change? Then you can terminate the insurance within 30 days of our change proposal. What if you do not terminate the insurance? Then you accept the change. When and how does the policyholder pay the premium? The policyholder pays the premium around the 26th of every month. This date is called the premium due date. The premium, costs and insurance tax will be automatically deducted from your account. If this fails or we do not receive any premium? Then we will send the policyholder a warning. And if the policyholder still does not pay afterwards? Then 15 days after we have sent the policyholder a warning there is automatically no longer any cover. And the insurance ends. Transfer or time-barring In the event of damage or a conflict, you cannot transfer any objects to us. Claims will be time-barred 3 years after a damage has been paid out or legal assistance has been given. Or 3 years after a conflict has arisen and you did not report it to us. Complaints Do you have a complaint about this insurance or about our service? Then you can lodge this complaint with us. Are you not satisfied with the outcome? Then you can present it to the independent Stichting Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Institution], P.O. Box 93257, 2509 AG The Hague. You may always submit the complaint to a court. Words that appear in italics are explained in the list of definitions on page 6. ABN AMRO Legal Expenses Insurance Page 5 van 8
Protection of privacy and electronic records We will protect your privacy. We are bound by the gedragscode Verwerking Persoonsgegevens Financiële Instellingen [Code of Conduct for the Processing of Personal Details by Financial Institutions]. You can find this code of conduct on verzekeraars.nl if you search for gedragscode. Do we communicate with each other electronically? For example, via internet, e-mail or telephone. Then we can record this communication electronically. As proof or to improve the service. How do we protect you and ourselves against intentionally incorrect information, deception or misleading information? We presume that we will be informed correctly and completely. If there is a suspicion of intentionally incorrect information, deception or misleading information we can carry out an investigation. We do that in accordance with guidelines of the Verbond van Verzekeraars. Because we work together with Delta Lloyd, we also follow their guidelines. You can find more information about this on deltalloyd.nl/over-ons/integriteit. Here you will also find the Protocol Incidenten waarschuwingssysteem Financiële Instellingen (PIFI) [Protocol for the Incidents Warning System of Financial Institutions]. This protocol sets out the rules which we abide by if an incident is recorded in a register. After carrying out an investigation we will make a decision. For example, to immediately terminate the insurance or not to make a payout. And to terminate other insurances with us. In addition we can decide to demand repayment of payouts and seek recovery of the investigation costs. We can also report the matter to the police. All these measures are to ensure that you do not pay unnecessary premium because others do not handle their insurance properly. Dutch law This insurance is governed by Dutch law. Does a dispute result in proceedings before the court? In that event the dispute will be brought before a court in the Netherlands. Page 6 van 8 ABN AMRO Legal Expenses Insurance
Definitions Acts of war is organised violence as described in the Dutch Financial Services Supervision Act. We adhere to this description. To summarise, there are acts of war in the event of organised violence: of a country, state or militant organisation which engages in war with military weapons; of an armed peace-keeping mission of the United Nations; of a population group or a large group of citizens who are engaged in a civil war; of a group or movement which rebels or riots against the government; of group members which mutiny against a ruling authority; of activists resulting in domestic unrest at various locations. ARAG is ARAG SE with its registered office in Düsseldorf (Germany) and with its registered office in the Netherlands at Kastanjelaan 2,3833 AN Leusden. Building is a structure that is built and is not movable, like a house, basement (storeroom), shed or garage. Co-insured are: A household member of the policy holder; A child of the policy holder or the policyholder s cohabiting partner which child lives away from home for a day study or resides in a nursing home or a care home. Conflict is a legal dispute between you and another party. Or a legal dispute between you and another party that threatens to arise. Court fee is the costs of the initiation of proceedings before the court. Criminal proceedings are proceedings regarding something that is prohibited by criminal law. Damage is material damage to or loss of a thing. Dealer guarantee is a guarantee from a dealer recognised by a car manufacturer. Delta Lloyd is Delta Lloyd N.V. of which we are part. Disciplinary proceedings are proceedings that are governed by the part of law that governs specific professional groups such as lawyers or doctors. Employee is a person who earns or earned an income, employed or as a public servant. Environmental permit is a permit Environmental Management Act. This a law that deals with protection of the environment and the prevention of environmental nuisance. Event is an incident. We deem several incidents which have the same cause one event. Household member is a person with whom the policyholder cohabits on a long-term basis and as a family. Investing is investing of money in shares, bonds or other valuable documents. Judicial remedy is a provisional decision of a judge without an opposing party. For example, adoption, name change or appointment of a guardian. Law of persons and family law is the part of the law that governs how matters concerning you as a person or your family have been provided for. Legal assistance is legal advice. Liability is the legal obligation to compensate the damage of another party. Means of transport is a vehicle, vessel or aircraft. Nuclear reaction is a nuclear reaction whereby energy is released such as nuclear fusion, nuclear fission or radioactivity. Partner is a husband, wife, registered partner or the partner with whom someone cohabits. Person entitled to benefit is a person entitled to social security benefit. Policyholder is the person who took out the insurance and who must ensure that the premium is paid. Private person is a private person. In our definition, private person does not include you as a employee, person entitled to benefit or unpaid director. Road user is a person who takes part in traffic, with or without means of transport, on public roads, tracks, water or in the air. In our definition, road user furthermore includes the occupant of a means of transport. Security Deposit is an amount that a foreign government orders you to provide as a deposit. Statutory rights and duties between neighbours is the part of the law regarding the rights and duties between neighbours. Tax is a compulsory contribution to the costs of the government. Such as income tax, payroll tax, import duties, excise duties or dues. Terrorism is violent behaviour in the form of an attack or malicious contamination. And is intended to realise political, religious or ideological goals. A document has been prepared on the reinsurance of terrorism. Said document sets out what is insured. The document is called protocol afwikkeling claims [Claims Handling Protocol]. The document can be found on terrorismeverzekerd.nl. Thing is a tangible object as described in the Dutch Civil Code. ABN AMRO Legal Expenses Insurance Page 7 van 8
Usual call charges are your usual call charges without surcharge. These charges are set by your telephone provider. Verbond van Verzekeraars [Dutch Association of Insurers] is an association that represents the interests of insurers. See also verzekeraars.nl. We is ABN AMRO Schadeverzekering N.V. You is: the policyholder; a household member of the policyholder; a child of the policyholder or his cohabiting partner, that lives away from home for a day study or lives in a nursing or care home. a surviving relative. However, only for legal assistance with compensation of damages due to the decease of the policyholder or a co-insured. Page 8 van 8 ABN AMRO Legal Expenses Insurance