SECTION 15 : LEGAL PROTECTION
What is Covered
We will provide telephone advice, guidance and assistance on any legal problem, which arises in connection with a Trip or in connection with Your Home. This service is available when You start Your Trip until 7 days after You return Home.
If You suffer death, illness or personal injury during the Trip, or if Your Home in the UK Area suffers damage during the Trip, then in the event that You or Your personal representatives decide to take out legal proceedings in pursuit of compensation, and We consider that You are likely to obtain a reasonable settlement:
We will advance on Your behalf:
- Up to £10,000 Standard/£25,000 Super/£10,000 Backpackers in total under this policy per Insured Person (and in total for all Insured Persons in connection with any one event giving rise to a claim) for legal costs and expenses directly incurred in the pursuit of these proceedings.
- Additional travel expenses in the event that a Court outside the UK Area requires You to attend in connection with an event giving rise to an action under this Section, up to a maximum per Insured Person of £250.
- When We have begun proceedings on Your behalf and You receive no compensation, or only limited compensation, We will indemnify You against claims for fees, costs and expenses arising out of the proceedings, to the extent that these fees, costs and expenses exceed the amount of any compensation You have received, up to £10,000 Standard/£25,000 Super/£10,000 Backpackers in total under this policy per Insured Person (and in total for all Insured Persons in connection with any one event giving rise to a claim). This benefit will be offset against the advance described above.
Special conditions relating to claims
We shall have complete control over the legal proceedings although You do not have to accept the lawyer nominated by Us.
Lawyers must be qualified to practice in the Courts of the country where the event giving rise to the claim occurred or where the proposed defendant under this Section is resident.
If You are unable to agree with Us on a suitable lawyer We will ask the ruling body for lawyers in that country to nominate another lawyer. In the meantime, We may appoint a lawyer to protect Your interests.
If an award of compensation is made and payment is received by You, or by a lawyer instructed on Your behalf, then all sums advanced or paid by Us shall be repaid out of the compensation received.
We can opt to conduct legal proceedings instituted in the United States of America or Canada under the contingency fee system operating in North America.
We will not begin legal proceedings in more than one country in respect of the same occurrence.
You must notify Us as soon as possible of any incident which may give rise to a claim, and at the latest, within 90 days.
What is Not Covered
- costs or expenses incurred without prior authorisation by Us;
- any incident, which may give rise to a claim, not notified to Us within 90 days;
- the pursuit of a claim against Us, Our agent or an Insurer underwriting any Section of this policy, or a Travel Agent, Tour Operator or Carrier;
- actions between Insured Persons, or actions pursued in order to obtain satisfaction of a judgement or legally binding decision;
- any advice or any claim arising in connection with a Trip solely within the UK Area;
- the Policy Excess;
- anything mentioned in the General Exclusions.
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