travel legal guard; up to £25,000
The following definitions of words and terms apply to this section only.
The preferred law firm, law firm or other suitably qualified person appointed by us to act on your behalf, subject to the DAS Standard Terms of Appointment.
COSTS AND EXPENSES
- All reasonable and necessary costs chargeable by the appointed representative and agreed by us in accordance with the DAS Standard Terms of Appointment
- The costs incurred by opponents in civil cases if you have been ordered to pay them, or you pay them with our agreement.
As per the geographical area shown on your schedule of travel insurance.
DAS STANDARD TERMS OF APPOINTMENT
The terms, conditions and remuneration that an appointed representative must agree to prior to acting on your behalf, which includes a conditional fee agreement (no win, no fee) for certain types of claim.
DATE OF OCCURRENCE
The date of the event which leads to a claim. If there is more than one event arising at different times from the same originating cause, the date of occurrence is the date of the first of these events. (This is the date the event happened, which may be before the date you first became aware of it).
PERIOD OF INSURANCE
The period for which we have agreed to cover you.
PREFERRED LAW FIRM
A law firm or barristers chambers chosen by us to provide legal services. These law firms are chosen as they have the proven expertise to deal with your claim and must comply with our agreed service standard levels, which we audit at regular intervals. They are appointed according to the DAS Standard Terms of Appointment. As a result of the favourable financial arrangements we have with preferred law firms it is far less probable that the costs incurred in pursuing a claim will exceed the sum for which you are insured under this policy.
In all claims the prospects that you will recover losses or damages (or obtain any other legal remedy which we have agreed to), make a successful defence or make a successful appeal or defence of an appeal must be at least 51%. Reasonable prospects will be assessed by us or a preferred law firm on our behalf.
WE, US, OUR
DAS Legal Expenses Insurance Company Limited.
Each insured person named on the insurance schedule.
We agree to provide the insurance described in this section, in return for payment of the premium and subject to the terms, conditions, exclusions and limitations set out in this section, provided that:
- reasonable prospects exist for the duration of the claim; and
- the date of occurrence of the insured incident is during the period of insurance; and
- any legal proceedings will be dealt with by a court, or other body which we agree to, within the countries covered.
- the insured incident happened within the countries covered.
Please do not ask for help from a lawyer or anyone else before we have agreed that you should do so. If you do, we will not pay the costs involved even if we accept the claim.
WHAT WE WILL PAY
We will pay an appointed representative, on your behalf, costs and expenses incurred following an insured incident, up to the amount shown above, provided that:
- The most we will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is the amount shown above in this section
- The most we will pay in costs and expenses is no more than the amount we would have paid to a preferred law firm. The amount we will pay a law firm (where acting as an appointed representative) is currently £100 per hour. This amount may vary from time to time.
- In respect of an appeal or the defence of an appeal, you must tell us within the time limits allowed that you want to appeal. Before we pay the costs and expenses for appeals, we must agree that reasonable prospects exist;
- For an enforcement of judgement to recover money and interest due to you after a successful claim under this policy, we must agree that reasonable prospects exist, and
- If an award of damages is likely to be less than the cost of pursuing a legal action, the most we will pay in costs and expenses is the value of the likely award.
WHAT WE WILL NOT PAY
In the event of a claim, if you decide not to use the services of a preferred law firm, you will be responsible for any costs that fall outside the DAS Standard Terms of Appointment and these will not be paid by us.
LEGAL ADVICE SERVICE
We provide this service 24 hours a day, seven days a week during the period of insurance. All helplines apply to the UK unless otherwise stated. To help us check and improve our service standards, we record all calls. When phoning, please tell us your policy number or the name of the scheme you are in. Please do not phone us to report a general insurance claim.
Legal advice service Call 0117 934 0171
We provide confidential advice over the phone on any personal legal issue, under the laws of any European Union country, the Isle of Man, Channel Islands, Switzerland and Norway. Advice about the law in England and Wales is available 24 hours a day, seven days a week. Legal advice about the other territories is provided by solicitors operating during normal office hours. We will arrange for them to call you at the most convenient time.
What is covered
A specific or sudden accident which causes your death or bodily injury to you.
What is not covered
A claim relating to the following:
- Illness or bodily injury which happens gradually
- Psychological injury or mental illness unless the condition follows a specific or sudden accident that has caused physical bodily injury to you
- Clinical negligence
- Defending your legal rights, but defending a counter-claim is covered
- Any legal action against the travel agent, tour operator or carrier
- Any legal costs that you have to pay under a contingency fee arrangement (a contingency fee arrangement is when the lawyer takes a percentage of the damages as the fee).
We will not pay:
1. Late reported claims
A claim where you have failed to notify us of the insured incident within a reasonable time of it happening and where this failure adversely affects the reasonable prospects of a claim or we consider our position has been prejudiced.
2. Costs not agreed by us
Costs and expenses incurred before our written acceptance of a claim.
3. Court awards and fines
Fines, penalties, compensation or damages which you are ordered to pay by a court or other authority.
4. Legal action not agreed by us
Any legal action that you take which we or the appointed representative have not agreed to, or where you do anything that hinders us or the appointed representative.
Any claim relating to written or verbal remarks which damage your reputation.
6. A dispute with DAS
A dispute with us not otherwise dealt with under Condition 9.
7. Judicial review
Costs and expenses arising from or relating to Judicial Review, coroner’s inquest or fatal accident inquiry.
8. Nuclear, war and terrorism risks
A claim caused by, contributed to by or arising from:
- ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel
- the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it
- war, invasion or act of a foreign army (whether war is declared or not), civil war, rebellion, revolution, military force or coup or any other act of terrorism or alleged act of terrorism as defined in the Terrorism Act 2000
- pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds.
9. Litigant in Person
Any claim where you are not represented by a law firm, barrister or tax expert.
CONDITIONS APPLICABLE TO THIS SECTION
1. Observance of policy terms
- keep to the terms and conditions of this section
- take reasonable steps to avoid and prevent claims
- take reasonable steps to avoid incurring unnecessary costs
- send everything we ask for, in writing;
- report to us full and factual details of any claim as soon as possible and give us any information we need.
2. Your legal representation
- On receipt of a claim, if legal representation is necessary, we will appoint a preferred law firm or in-house lawyer as your appointed representative to deal with your claim. They will try to settle your claim by negotiation without having to go to court
- If the appointed preferred law firm is unable to negotiate settlement of your claim and it is necessary to go to court and legal proceedings are issued or there is a conflict of interest, you may choose your appointed representative
- If you choose a law firm as your appointed representative who is not a preferred law firm, we will give your choice of law firm the opportunity to act on the same terms as a preferred law firm. However if they refuse to act on this basis, the most we will pay is the amount we would have paid if they had agreed to the DAS Standard Terms of Appointment. The amount we will pay an appointed representative, which may vary from time to time, is currently £100 per hour.
- The appointed representative must co-operate with us at all times and must keep us up to date with the progress of the claim.
3. Your responsibilities
- You must co-operate fully with us and the appointed representative.
- You must give the appointed representative any instructions that we ask you to.
4. Offers to settle a claim
- You must tell us if anyone offers to settle a claim and you must not negotiate or agree to a settlement without our written consent
- If you do not accept a reasonable offer to settle a claim, we may refuse to pay further legal costs
- We may decide to pay you the reasonable value of your claim, instead of starting or continuing legal action. In these circumstances you must allow us to take over and conduct in your name the pursuit or settlement of any claim. You will also allow us to pursue at our own expense and for our own benefit, any claim for compensation against any other person and you must give us all information and assistance required.
- Where a settlement is made on a without-costs basis we will decide what proportion of that settlement will be regarded as costs and expenses and payable to us.
5. Assessment and recovery of costs
- You must instruct the appointed representative to have legal costs and expenses taxed, assessed or audited if we ask for this.
- You must take every step to recover costs and expenses and court attendance and jury service expenses that we have to pay and must pay us any amounts that are recovered.
6. Cancellation of a representative’s appointment
If the appointed representative refuses to continue acting for you with good reason, or if you dismiss the appointed representative without good reason, the cover we provide will end immediately, unless we agree to appoint another appointed representative.
7. Expert Opinion
We may require you to get, at your own expense, an opinion from an expert that we consider appropriate, on the merits of the claim or proceedings, or on a legal principle. The expert must be approved in advance by us and the cost agreed in writing between you and us. Subject to this, we will pay the cost of getting the opinion if the experts opinion indicates that it is more likely than not that you will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence.
8. Withdrawal of coverage
If you settle a claim or withdraw it without our agreement, or do not give suitable instructions to the appointed representative, we can withdraw cover and will be entitled to reclaim from you any costs and expenses we have paid.
If there is a disagreement between you and us regarding handling of any claim, that is not resolved through our internal complaints procedure, you can contact the Financial Ombudsman Service for help. A disagreement can also be taken to an independent arbitrator. The arbitrator will be a Barrister chosen jointly by us and you. If there is a disagreement over the choice of arbitrator, we will ask the Chartered Institute of Arbitrators to decide. If the arbitrator finds in our favour, you will be responsible for the costs of arbitration.
10. Claims under this section by a third party
Apart from us, you are the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third-party rights or interest.
11. Other insurances
If the insurance provided by this section is also covered by another policy, or would have been covered if this policy did not exist, we will only pay our share of the claim, even if the other insurer refuses the claim.
12. Applicable law
This section will be governed by the law applicable in the part of the United Kingdom, Channel Islands or Isle of Man in which you normally live. If this is not applicable, the law of England and Wales will apply. All Acts of Parliament mentioned in this section include equivalent laws in Scotland, Northern Ireland, the Isle of Man and the Channel Islands as the case may be.
13. Fraudulent claims
We will, at our discretion, void the policy (make it invalid) from its start date or from the date of claim, or alleged claim, or we will not pay the claim if:
a. a claim you have made to obtain benefit under this policy is fraudulent or intentionally exaggerated, or
b. a false declaration or statement is made in support of a claim.
Where the above circumstances apply, as part of our fraud prevention measures we will, at our discretion, also share information with other parties such as the police, government bodies and anti-fraud organisations.