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c) any Legal Expenses incurred before we accept a claim
d) any claim relating to a contract
e) fines, damages or other penalties which the Person Insured is ordered to pay by a court or
other authority
f) any legal action a Person Insured takes which we or the Appointed Lawyer have not agreed to or
where the Person Insured does anything that hinders us or the Appointed Lawyer.
Section 4 – Special Conditions
1. Arbitration
If we and the Person Insured disagree about the choice of Appointed Lawyer or about the handling of
a claim we and the Person Insured can choose another suitably qualified person to decide the matter.
We and the Person Insured must both agree to this in writing. If we cannot agree with the Person
Insured about the choice of the second suitably qualified person we will ask the president of a relevant
national law society to choose a suitably qualified person. If the Person Insured loses the disagreement
they will have to pay the costs of settling it. If we lose the disagreement we will pay the costs of
settling it.
2 Claims Procedures
a) Person Insured’s Responsibilities
A Person Insured must:
i) send everything we ask for in writing
ii) give us any information we request
iii) tell us if anyone offers to settle a claim and must not agree to any settlement without our
written consent
iv) if we ask tell the Appointed Lawyer to have Legal Expenses taxed, assessed or audited
v) take every step to recover Legal Expenses that we have to pay and must pay us any Legal Expenses
that are recovered
vi) co-operate fully with us and the Appointed Lawyer and must keep us up-to-date with the progress
of the claim
vii) give the Appointed Lawyer any instructions that are required by us.
b) Our Rights
We:
i) in civil cases can take over and conduct in the name of you any claim, proceeding or investigation
at any time and can negotiate any claim on behalf of a Person Insured
ii) if we agree to start legal proceedings and it becomes mandatory for a Person Insured to be
represented by a lawyer or if there is a conflict of interest a Person Insured can choose an
Appointed Lawyer by sending us the suitably qualified person’s name and address.
We may chose not to accept the choice of lawyer but only in exceptional circumstances. If there is
a disagreement over the choice of Appointed Lawyer another suitably qualified person can be
appointed to decide the matter.
Before a Person Insured chooses a lawyer we can appoint an Appointed Lawyer
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