Definition of words that apply to this section of cover
Throughout this cover, the words and phrases listed below have the meanings given next to them and are printed in bold:
Insured person, you, your - any person shown on the Validation Certificate as being insured under this policy.
We, our, us - the Insurer and Lexceteras Limited
YOU ARE COVERED
If you die or are injured as a result of an accident which occurs during your trip during the period of insurance, and you or your legal representative take legal action to get compensation, we will do the following in an attempt to get compensation for the death or injury:
1) 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 your legal representatives in connection with any claim or legal proceedings, including costs and expenses of expert witnesses and costs incurred by us;
2) 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;
3) any fees, expenses and other disbursements reasonably incurred in appealing or resisting an appeal against the judgement of a court, tribunal or arbitrator;
4) 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 1) above;
5) if no compensation is received either as a result of the claim being abandoned or failing, then subject to the limits of cover stated in the policy and policy schedule we will pay the costs incurred;
6) if compensation is recovered for you then the usual costs rules of the relevant jurisdiction will apply. In some jurisdictions you will recover your costs, in others you will not. Any costs not recovered must first be met from the compensation. If the value of the costs not recovered exceeds the compensation then we will pay the balance of costs after the application of the compensation, subject to the limits of the cover in the policy and policy schedule.
YOU ARE NOT COVERED FOR
1) legal costs and expenses incurred in pursuit of any claim against a travel agent, tour operator, carrier, the Insurers or their agents, someone you were travelling with or another insured person;
2) legal costs and expenses incurred prior to the granting of support by us in writing;
3) any claims notified to us more than 180 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 award (Contingency Fee Agreement);
7) legal costs and expenses incurred if an action is brought in more than one country;
8) any claim where in our opinion there is insufficient prospect of success in obtaining a reasonable benefit;
9) anything detailed in the General Exclusions.
1) We shall have complete control over the legal proceedings and the appointment and control of a lawyer. We shall appoint a lawyer on your behalf with the expertise necessary to pursue your claim.
2) You must follow the lawyer's advice and provide any information and assistance required. Failure to do so will entitle us to withdraw cover.
3) We must have access to any and all of the lawyer's file of papers.
4) We may include a claim for our legal costs and expenses.
NOTE - Lexceteras Limited shall have control over the legal proceedings and the selection, appointment and control of a solicitor.