Home legal expenses. Keep me safe

Transcription

1 Home legal expeses Keep me safe

2 Home Legal Expeses This legal expeses isurace is part of your LV= home isurace policy, your home isurace schedule will cofirm if this cover is icluded. You must read your home isurace schedule, documet of home isurace ad this leaflet as oe documet. This sectio of your isurace is maaged idepedetly o our behalf by Arc Legal Assistace (Arc). The isurace covers you ad your family for legal expeses for the isured evets listed i this sectio provided that: the isured evet occurs withi the period of isurace; the isured evet occurs withi the territorial limits ad ay legal proceedigs will be carried out withi the territorial limits by a court or other orgaisatio which we agree to; your claim has ad cotiues to have a reasoable chace of success; the cost of legal expeses to pursue your claim will be proportioal to the expected beefit; ayoe makig a claim uder this isurace has your agreemet to claim ad keeps to the policy coditios. How to claim Cotact our legal advice helplie o as soo as you are aware of a isured evet that may result i a claim, ad please have your home isurace policy umber available whe you call. For TextDirect, first dial Calls may be recorded for traiig ad moitorig purposes. Defiitios The followig words or phrases have the same meaig wherever they appear i this leaflet. Court Court, tribual or other suitable authority. Excess The first amout of ay claim you must pay. Family You, your spouse/parter ad ay relatives or ay other perso, who is ot a payig guest, all permaetly livig withi your home. Home The dwellig show o your schedule plus associated outbuildigs ad private garages owed ad used by you or your family. Idetity fraud A perso or group of people kowigly usig a meas of idetificatio belogig to you without your kowledge or permissio with itet to commit or assist aother to commit a illegal act. Isured evet The start of a idividual or series of evets that may lead to a claim uder this sectio. We will treat all evets related by cause or time as oe. The isured evet will be treated as occurrig o the date that you first became aware of the start of a idividual or series of evets, problems or disputes covered uder this isurace. 2

3 Legal expeses Legal fees, costs ad expeses icurred by your legal represetative which will be assessed o the stadard basis. Third party costs shall be covered if awarded agaist you ad paid o the stadard basis of assessmet. The most we will pay for all legal expeses will be equivalet to our stadard scale of charges as applicable to our pael of legal represetatives ad available o request from Arc. You will be resposible for ay costs i excess of this scale. Ad for ay claim or claims arisig from oe isured evet, the most we ll pay will be 100,000. No excess applies to legal expeses claims. Legal represetative Our pael solicitors, appoited by Arc, or their agets to act o your behalf, or ay other suitably qualified perso appoited to represet you uder the terms ad coditios of this policy. Period of isurace The legth of time that the cotract of isurace applies for. This is show o your schedule. Proportioal I determiig whether or ot legal expeses is proportioal to the potetial beefit of pursuig the isured perso s claim, the followig will be take ito accout: the amout of moey at stake; the value ad complexity of the case; the geographical locatio of the policyholder ad the other party to the actio; the stace of the other party; whether a reasoable perso without legal expeses isurace would pursue the matter ad fiace their ow legal costs. Reasoable chace of success A 51% or better chace that the perso will wi the case ad achieve a positive outcome. Examples of a positive outcome are beig able to: recover the amout of moey at stake; eforce a judgemet; obtai a outcome which best serves your iterest; recover a amout greater tha that beig offered by the other party. Schedule This idetifies: you; the period of isurace; details of your home. Territorial limits Great Britai, Norther Irelad, the Isle of Ma ad the Chael Islads. We, us or our Liverpool Victoria Isurace Compay Ltd. You, your The perso or people show o the effective schedule. 3

4 What is covered We will pay legal expeses for each of the followig isured evets: 1. Persoal ijury. Pursuig a claim directly resultig from your death or ijury: from a accidet from oe sigle evet; arisig from medical or cliical egligece. But ot claims: arisig from ay illess or ijury which develops gradually; arisig from psychiatric ad/or psychological ijury where there is o associated physical ijury. 2. Cotract disputes. Pursuig a claim directly resultig from a breach of your cotract to buy or hire goods or services for your private use. Defedig a civil claim directly resultig from your sale of goods you have owed ad privately sold. But ot claims: where the amout i dispute is less tha 125; i respect of ay works by, or uder the order of ay govermet or public or local authority; directly or idirectly relatig to a allegatio of mis-sellig or mismaagemet of fiacial services or products. 3. Protectio of property. Pursuig or defedig a claim relatig to: iterferece with your use, ejoymet or right over your home; damage to your home; a breach of a agreemet for the sale or purchase of your home; a dispute with your ladlord regardig a teacy agreemet that you have etered ito to ret your home. But ot claims: i respect of the iterferece of your use, ejoymet or right over your home whe the isured evet happes withi the first 90 days of this cover startig uless you had a equivalet policy which fiished immediately before this cover bega; i respect of ay works by, or uder the order of ay govermet or public or local authority. 4. Employmet. Pursuig a claim directly resultig from a breach of your cotract of employmet. But ot claims: where the breach of cotract happes withi the first 90 days of this cover startig uless you had a equivalet policy which fiished immediately before this cover bega; uder the Equal Pay Act 1970 ad amedig legislatio; for legal expeses if they relate to a time before the effective date of termiatio of your employmet, (as defied by the Employmet Rights Act 1996) i claims for ufair, wrogful or costructive dismissal; where the breach of cotract is alleged to have commeced or to have cotiued after the effective date of termiatio of your employmet. 4

5 5. Idetity fraud. Pursuig a claim directly resultig from a orgaisatio s egligece causig you to suffer fiacial loss as a result of idetity fraud. Defedig your legal rights ad/or take reasoable steps to remove Couty Court Judgemets agaist you that have bee obtaied by a orgaisatio that you are alleged to have purchased, hired or leased goods or services from. Cover is oly available if you dey havig etered ito the cotract ad allege that you have bee a victim of idetity fraud. We will also pay legal expeses to represet you at a police statio, prior to formal charges beig made agaist you. Cover is oly available where you dey the alleged offece o the basis that you have bee a victim of idetity fraud. But ot claims: where the amout i dispute is less tha 125; where you have ot bee a victim of idetity fraud; where the isured evet happes less tha 30 days after the start of the first cotiuous period of this legal expeses isurace; where you did ot take reasoable precautios agaist idetity fraud or take actio to protect yourself from idetity fraud; where idetity fraud was caused by you or your family or ayoe else who permaetly lives with you; for legal expeses arisig from loss of cash from a bak, buildig society, credit uio or other similar fiacial istitutio where that istitutio has refused to cover the loss; for ay losses other tha legal expeses icurred by you as a result of idetity fraud. 5 Geeral exclusios (see also the Geeral exclusios i your documet of home isurace, which apply to the whole policy) We will ot pay ay legal expeses if: Arc have t agreed, i advace, the purpose ad amout of ay legal expeses, or they relate to a period before Arc have accepted your claim; your claim does ot have ad cotiues to have a reasoable chace of success; the cost of legal expeses to pursue your claim is ot proportioal to the expected beefit; you have alterative legal expeses cover, uless Arc reach agreemet with the other isurer that legal expeses should be shared; the isured evet had started before you bought this legal expeses isurace; you should reasoably have kow whe buyig this isurace that the circumstaces leadig to a claim uder this legal expeses isurace already existed; you claim more tha 180 days after the evet uless your delay i otifyig your claim has ot affected the likely costs or outcome; your claim is fraudulet, false or exaggerated; your claim is caused by your deliberate, itetioal or reckless actios; the other side is ulikely to be able to pay your claim; you act agaist Arc s advice or the advice of your legal represetative; your legal represetative refuses to act for you; you ureasoably withdraw from legal proceedigs despite your claim havig a reasoable chace of success ad where such a withdrawal is likely to affect the cost of your claim; your claim is settled or discotiued without Arc agreeig to this beforehad;

6 your claim is part of a class actio or will be affected by or will affect the outcome of other claims. Also, certai types of claim are ot covered uder this isurace. We will ot pay for: claims made agaist us or our aget(s); claims directly or idirectly relatig to: somethig said or writte about you or by you about somebody else; a activity for profit or busiess; divorce, separatio ad family law, wills, probate or trust(s); disputes betwee members of your family (this does ot apply to accidets ivolvig motor vehicles); a applicatio for a judge to review the legality of a decisio made or actio take by a public body; computer software operatig systems ad packaged software made to your special order; subsidece, heave or ladslip, miig or quarryig; plaig, icludig tow ad coutry plaig; a lease or licese to occupy lad or property where you act as the ladlord; a dispute with a local authority about Coucil Tax. Geeral coditios (see also the Geeral coditios i your documet of home isurace, which apply to the whole policy) You must do the followig: provide at your ow expese iformatio relevat to your claim such as reports, photographs, plas or other supportig documets to help Arc ad/or your legal represetative assess whether: your claim is covered; your claim has ad cotiues to have a reasoable chace of success; the cost of legal expeses to pursue your claim is proportioal ad cotiue to be proportioal to the expected outcome. cotact our legal assistace helplie before you take ay actio that may result i a claim ad before you ru up ay legal expeses; take all reasoable steps to settle your claim by egotiatio ad work with Arc ad your legal represetative to achieve a satisfactory outcome to your claim; follow the advice that Arc ad/or your legal represetative give you; keep the cost of your claim as low as possible; keep Arc ad your legal represetative iformed about the progress of your civil claim (icludig ay offers to settle); try to recover your legal expeses from the other side, icludig allowig Arc to brig proceedigs i your ame; at your ow expese, agree to be added to the CIFAS Protective Register if recommeded by your legal represetative or ay credit referece agecy; allow Arc to obtai ay iformatio, documet or file from your legal represetative icludig a opiio o your chaces of success ad the proportioate beefit to you of makig your civil claim or of actig i defece of your prosecutio. 6

7 Appoitig a legal represetative We have chose a pael of legal firms to provide legal services to our customers. There is othig i our relatioship with our pael firms which affects their ability to act i your best iterests. If Arc accepts your claim, they will appoit oe of our pael of legal represetatives o your behalf. You have the right to choose your ow legal represetative to represet you if it is ecessary to take your claim to court or if a coflict of iterest arises. Where you choose to use your ow legal represetative: you must ot agree to ay legal expeses without Arc s prior writte permissio; your legal represetative will be appoited to act for you i lie with Arc s stadard terms of appoitmet (you ca ask us for a copy). We will ot pay for: legal expeses that are ureasoable; legal expeses icurred by your legal represetative i avoidable correspodece or which are recoverable from a court, tribual or other party; ay shortfall i costs recovered from aother party where the claim has bee successful ad costs have bee recovered. We ca do the followig: pay a amout to settle your claim or to pursue a actio i the Small Claims Court; refuse to pay ay further legal expeses if you do t accept ay offer i a civil claim, which Arc ad your legal represetative agree is reasoable. I assessig whether a offer is reasoable the likelihood of achievig a higher award ad whether the likely cost of cotiuig the claim is proportioal will be cosidered; give your legal represetative ad/or Arc all iformatio we have about you or your claim icludig ay medical iformatio; refuse to pay further legal expeses if your claim does ot have a reasoable chace of success or the cost of legal expeses is o loger proportioal to the expected beefit. Persoal ijury claims As part of ay claim for persoal ijury your legal represetative may eed to arrage for you to be medically examied by a doctor. They may appoit a medical agecy to arrage this examiatio. The medical agecy will cosider whether rehabilitatio would assist you i recoverig from your ijury. We do ot restrict your legal represetative i their choice of medical agecy ad rehabilitatio provider. 7

8 Disputes How to complai If you have a complait please cotact Arc quotig your claim umber. You ca write to: The Maagig Director Arc Legal Assistace PO Box 8921 Colchester CO4 5YD claims@arclegal.co.uk Uder the Solicitor Cliet Cofidetiality Rules, your legal represetative is required to obtai your writte coset i order to release ay iformatio relatig to your case to us. If Arc caot resolve your complait, you may refer your complait to the Fiacial Ombudsma Service withi 6 moths of receivig a fial respose letter from Arc. The address is: The Fiacial Ombudsma Service Exchage Tower Harbour Exchage Square Lodo E14 9SR Phoe: complait.ifo@fiacial-ombudsma.org.uk Makig a complait wo t affect your right to take legal actio. Arbitratio You also have the right to refer ay dispute betwee you ad us to a arbitrator who will make a decisio to settle the dispute. The arbitrator will be either a solicitor or a barrister or other suitably qualified perso that you ad we agree o. If we cat agree o the choice of arbitrator, the arbitrator will be chose by the Presidet of the Law Society or other goverig body for solicitors(or other legal represetatives appoited uder this isurace) i the relevat jurisdictio to choose oe which we both must accept. We ad you must keep to the arbitrator s decisio. The arbitrator may require you or us to pay the cost of the arbitratio. You ca get this ad other documets from us i Braille, large prit or o audio by cotactig us. LV= ad Liverpool Victoria are registered trade marks of Liverpool Victoria Friedly Society Limited ad LV= ad LV= Liverpool Victoria are tradig styles of the Liverpool Victoria Group of compaies. Liverpool Victoria Isurace Compay Limited, registered i Eglad ad Wales umber is authorised by the Prudetial Regulatio Authority ad regulated by the Fiacial Coduct Authority ad the Prudetial Regulatio Authority, register umber Registered address: Couty Gates, Bouremouth BH1 2NF. Tel: /15 LV HLE ENS162