Legal Expenses
YOU ARE COVERED
If you die or you suffer physical bodily injury as a result of an accident which occurs during your trip during the period of insurance and the claim has, in the opinion of the legal representative, reasonable prospects of success, we will take legal action in an attempt to get compensation for the death or injury by arranging the following: 1) We will appoint a legal representative, being a lawyer or other suitably qualified person, on your behalf with the expertise necessary to pursue your claim and to represent you in the legal proceedings; and
2) We will provide up to €35,000 for each insured person (but not more than €70,000 in total for all insured persons) for any fees and other disbursements reasonably incurred by the legal representatives in connection with any claim or legal proceedings, including costs and expenses of expert witnesses and costs incurred by us; and 3) We will make payment of any costs, payable by you, following an award of costs by any court or tribunal and any costs payable following an out of court settlement, made in connection with any claim or legal proceedings; and
4) We will provide up to €1,000 for each insured person, for travel costs that have to be paid to go to a foreign court in connection with any legal action under 2) above.
5) If an award of compensation is made and payment is received by you, or by a representative instructed on your behalf, then all sums advanced or paid by us shall be repaid out of the compensation received.
YOU ARE NOT COVERED FOR
1) legal costs and expenses incurred in pursuit of any claim against a travel agent, tour operator, carrier, us or our agents or someone you were travelling with.
2) legal costs and expenses incurred prior to our written acceptance of the case.
3) any claims notified to us more than 30 days after the date of the incident giving rise to such claim.
4) any claim where the legal costs and expenses are likely to be greater than the anticipated amount of compensation.
5) any claim where you are insured for legal costs and expenses under any other insurance policy.
6) any claim where legal costs and expenses are based directly or indirectly on the amount of compensation awarded (for example a Contingency Fee Agreement or Damages Based Agreement).
7) legal costs and expenses incurred in any claim which is capable of being pursued under a Conditional Fee Agreement or a Damages Based Agreement.
8) any appeal costs.
9) legal costs and expenses incurred if an action is brought in more than one country.
10) any claim where in our opinion there is insufficient prospect of success in obtaining a reasonable benefit; outcome.
11) any increased costs, court fines and penalties arising from any delay or default by you which, in our view, affect the conduct of your claim or hinder us.
12) any legal costs resulting from criminal proceedings.
13) any costs for claims between insured persons or family members.
14) anything mentioned in the General Exclusions.
Conditions
1) You must obtain as much information as possible, including police reports, witness details and any photograph and contact us within 30 days of the incident.
2) We shall have absolute discretion in considering whether the claim has reasonable prospects of success.
3) We shall have complete control over the legal proceedings and the appointment and control of the legal representative.
4) You must take all reasonable steps to minimise the amount we have to pay under this policy and follow the legal representative’s advice and provide any information and assistance required. Failure to do so will entitle us to withdraw cover.
5) We must have access to any and all of the legal representative’s file of papers.
6) We may at our own expense, take proceedings in your name to recover compensation from any third party in respect of any indemnity paid under this policy. You must give such assistance as we shall reasonably require and any amount recovered shall belong to us.