Section 9 - Legal Expenses
(This applies to Premier, Annual and Gap Year cover only).
What you are covered for:
We will advance up to the overall limit shown in the Types and
Overall Limits of Cover for legal costs and expenses arising as a result of dealing with claims for compensation
and damages against third
parties resulting from your death, illness or
injury during your trip.
Conditions
It is a condition of the cover provided under this section that:
- If an award of compensation is received by you or by the lawyer appointed on
your behalf, then all sums advanced by us in respect of legal costs and expenses will be deducted from the
compensation received and returned to us.
- We shall have complete control over the appointment and control of a lawyer. We
shall appoint a lawyer on your behalf with the expertise necessary to pursue your claim.
- You must follow the lawyer's advice and provide any information and assistance
required. Failure to do so will entitle us to withdraw cover.
- We must have access to any and all of the lawyer's file of papers.
- We may include a claim for our legal costs and expenses.
- Please also note the General
Conditions.
Exclusions
What you are not covered for:
- The first £250 of each claim for each person.
- Legal costs and expenses incurred in pursuit of any claim against a travel agent, tour operator, carrier, us, our
agents or representatives, someone you were travelling with or had arranged to travel with, another person insured
under this policy or a member of the same family or household.
- Legal costs and expenses incurred prior to the claim being accepted in writing
by us (or the appointed representative).
- Any claims notified to us more than 180 days after the date of the incident
giving rise to such claim.
- Any claim where the legal costs and expenses are likely to be greater than the
anticipated amount of compensation.
- Any claim where you are insured for legal costs and expenses under any other
insurance policy.
- Any claim where legal costs and expenses are based directly or indirectly on
the amount of compensation award (Contingency Fee Agreement).
- Legal costs and expenses incurred if an action is brought in more than one
country.
- Any claim where in our opinion there is insufficient prospect of success in
obtaining a reasonable benefit.
- Any claims arising out of your criminal, malicious or deliberate acts.
- Any claim for legal costs where you are pursuing legal action relating directly
or indirectly to medical negligence or alleged medical negligence.
- Any claim for travel and accommodation expenses which you have incurred whilst
pursuing legal action.
- Any claim arising from you pursuing legal proceedings as part of and (or) on
behalf of a group or organisation.
- Anything in the General Exclusions.
