Legal expenses; up to £25,000
(applicable to policies issued from 3 October 2022, for policies issued before this date please refer to the policy document sent with your original policy confirmation)
WHAT YOU ARE COVERED FOR
We will pay up to the amount shown in the insurance schedule for legal expenses to bring a claim for damages or compensation against a third party, if you suffer an incident that results in bodily injury, death or illness caused by a third party during the trip.
The following words and expressions used in this section of the policy shall mean the following wherever they appear:
Legal Expenses:
a. fees, expenses and other costs reasonably incurred (as determined by our legal representative) by a legal representative to pursue a claim or legal proceedings for damages and/or compensation against a third party who has caused your bodily injury, death or illness.
b. costs that you are legally liable for following an award of costs by any court or tribunal or an out-of-court settlement made in connection with any claim or legal proceedings.
Legal Representative:
The solicitor or other suitably qualified person appointed by us in accordance with this section of the policy.
SPECIAL CONDITIONS
01. Written consent must be obtained from us prior to incurring legal expenses. This consent will be given if you can satisfy us that:
a. there are reasonable (as determined by our legal representative) grounds for pursing the claim or legal proceedings; and
b. in the opinion of our legal representative the prospects of success and of recovering damages/enforcing a judgment is at least 51%.
02. All claims or legal proceedings including any appeal against judgement resulting from the same original cause, event, or circumstance, will be regarded as one claim.
03. You must reimburse us for the legal expenses we have proivided if:
a. you are successful in any action; or
b. your withdraw from a claim withour our agreement.
04. We may at our discretion assume control at any time of any claim or legal proceedings in your name for damages and or compensation from a third party.
05. We may at our discretion offer to settle a claim with you instead of initiating or continuing any claim or legal proceedings for damages and or compensation from a third party. Any such settlement will be full and final in respect to the claim.
06. We may at our discretion offer to settle a counter-claim against you instead of continuing any claim or legal proceedings for damages and or compensation from a third party.
07. Only the costs incurred by a legal representative approved or appointed by us will be covered.
08. We shall have complete control over the legal proceedings through legal representatives we nominate up to the point where proceedings are issued at which point you are free to nominate a suitably qualified person, although we do not have to accept them.
09. Any legal representative will be appointed by us to represent you according to our standard terms, which may include a Conditional Fee Agreement or a Contingency Fee Agreement.
10. You must cooperate fully with us and the legal representative and follow their advice and provide any information and assistance required by them within a reasonable timescale.
11. We will have direct contact with the legal representative and you must authorise them to disclose any information or documentation we may ask for.
12. If we ask, you must have any legal costs taxed, assessed or audited.
WHAT YOU ARE NOT COVERED FOR
AS WELL AS THE GENERAL EXCLUSIONS AND GENERAL CONDITIONS ON PAGE 17, THE FOLLOWING EXCLUSIONS AND CONDITIONS ALSO APPLY:
Exclusions for travel legal expenses
01. the excess as shown in the insurance schedule;
02. any claim we or our legal representatives believe is not likely to be successful or if we think the costs of taking action will be more than any award or the prospects of success and of recovering damages/enforcing a judgment is likely to be less than 51%;
03. any claim reported to us more than 3 months after incident which led to the claim;
04.. legal expenses incurred in the defence against any civil claim or legal proceedings made or brought against you;
05. legal expenses incurred before receiving our prior written approval;
06. legal expenses incurred in connection with;
a. any criminal or wilful act committed by you;
b. any claim or legal proceedings brought against a travel agent, tour operator, carrier, insurer or their agent;
c. a holiday accommodation provider;
d. us, you, or any company or person involved in arranging this policy;
e. any person named on this policy, a member of the same household, a close relative, travelling companion or your employee;
f. fines, compensation or other penalties imposed by a court or other authority;
g. any claim after you have not accepted an offer from a third party to settle a claim or legal proceeding where the offer is considered by our legal representative to be reasonable or you not accepting an offer from us to settle a claim;
h. any claim we consider to be unreasonable or excessive or unreasonably incurred (as determined by our legal representative);
i. pursuing any claim for compensation against the manufacturer, distributor or supplier of any drug, medication or medicine;
j. any claim relating to an illness which gradually develops and is not caused by a specific or sudden event;
k. the driving of a motor vehicle for which you had no valid insurance;
l. judicial review or coroner’s inquest;
m. defending your legal rights, except for the defence of any counterclaim;
n. any claim where legal expenses are based directly or indirectly on the amount of compensation awarded and specifically which is capable of being pursued under a Contingency Fee Agreement;
o. any claim which is capable of being pursued under a Conditional Fee Agreement;
p. any action that is brought in more than one country.