FAMILY LEGAL PROTECTION POLICY

WELCOME TO FAMILY LEGAL PROTECTION

Thank you for insuring with DAS.  As a DAS Family Legal Protection Policyholder, you are now protected by Europe's leading legal expenses insurer.

To make sure that you get the most from your DAS cover, please take time to read the policy which explains the contract between us.  If you have any questions or would like more information, please contact your insurance adviser.

It will help if you keep the following points in mind:

How we can help
Once you have sent us the details of your claim and we have accepted it, we will start to resolve your legal problem.

Always report your claim to us in writing and as soon as possible.  We can send you a claim form to help you do this.

We normally deal with claims through our Legal Claims Centre but sometimes we use appointed solicitors.  Claims outside the United Kingdom may be dealt with by other DAS offices elsewhere in Europe.

Send your claim to
Legal Claims Centre, DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH.

If you need help from us
You can phone us at any time on 0117 934 2111 if you wish to use any of the helpline services.

When we cannot help
Please do not ask for help from a solicitor or accountant before we have agreed.  If you do, we will not pay the costs involved.

Problems
We will always try to give you a quality service.  If you think we have let you down, please write to our Managing Director at Head Office and he will try to help.

Our Head and Registered Office is:

DAS Legal Expenses Insurance Company Limited,
DAS House,
Quay Side,
Temple Back,
Bristol BS1 6NH.

Registered in England and Wales, number 103274.

If you are still not happy, you can contact the Insurance Ombudsman Bureau at City Gate One, 135 Park Street, London SE1 9EA.  Or you can contact the Association of British Insurers at 51 Gresham Street, London EC2V 7HQ.

If you use these services, it does not affect your right to take legal action.
THIS IS YOUR FAMILY LEGAL PROTECTION POLICY 

This policy covers the insured person. We agree to provide the insurance in this policy, as long as:

1. the premium has been paid; and 
   
   
2. the date of occurrence of the insured incident is during the period of insurance and within the territorial limit; and
   
   
3. any legal proceedings will be dealt with by a court, or other body which we agree to, in the  territorial limit; and
   
   
4. for civil claims it is always more likely than not that an insured person will recover damages (or  obtain any other legal remedy which we have agreed to) or make a successful defence. 

For all insured incidents we will help in appealing or defending an appeal as long as the insured person tells us within the time limits allowed that they want us to appeal.  Before we pay the costs and expenses for appeals, we must agree that it is always more likely than not that the appeal will be successful.

If an appointed representative is used, we will pay the costs and expenses incurred for this.

The most we will pay for all claims resulting from one or more event arising at the same time or from the same cause is £50,000.

THE MEANING OF WORDS IN THIS POLICY

1. We, us, our
   DAS Legal Expenses Insurance Company Limited.
   
   
2. You, your
   The person who has taken out this policy.
   
   
3. Insured person
   You, and any member of your family who always lives with you.  Anyone claiming under this policy  must have your agreement to claim.
   
   
4. Appointed Representative
   The lawyer, accountant or other suitably qualified person who has been appointed to act for an  insured person in accordance with the terms of this policy.
   
   
5. Period of insurance
   The period for which we have agreed to cover the insured person.
   
   
6. Full enquiry
   An extensive examination by the Inland Revenue which considers all aspects of the insured person's  tax affairs, but not enquiries which are limited to one or more specific aspects of the insured  person's self-assessment tax return.
   
   
7. Date of occurrence
   (a)  For civil cases (except under insured incident 5, Tax Protection), the date of occurrence is the  date of the event which may lead to a claim.  If there is more than one event arising at the same  time or from the same cause, the date of occurrence is the date of the first of these events.
   
   (b)  For criminal cases, the date of occurrence is when the insured person began or is alleged to  have begun to break the criminal law in question.
   
   (c)  For full enquiries, the date of occurrence is when the Inland Revenue first notifies in writing  the intention to make enquiries. 
   
   
8. Costs and expenses
   (a)  Legal costs
   All reasonable and necessary costs chargeable by the appointed representative on a standard  basis.  Also the costs incurred by opponents in civil cases if an insured person has been  ordered to pay them, or pays them with our agreement.
   
   (b)  Accountants costs
   A reasonable amount in respect of all costs reasonably incurred by the appointed   representative. 
   
   
9. Territorial limit
   
   For insured incidents 2 Contract Disputes and 3 Bodily Injury
   The European Union, the Isle of Man, the Channel Islands, Albania, Andorra, Bosnia Herzegovina,  Bulgaria, Croatia, the Czech Republic, Gibraltar, Hungary, Iceland, Liechtenstein, Macedonia, Malta,  Monaco, Montenegro, Norway, Poland, Romania, San Marino, Serbia, Slovakia, Slovenia,  Switzerland and Turkey (West of the Bosphorus).
   
   For all other insured incidents
   The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. 

INSURED INCIDENTS WE WILL COVER

1. EMPLOYMENT DISPUTES
   We will negotiate for the insured person's legal rights in a dispute arising from a contract of  employment entered into by the insured person for their work as an employee which results in an  application to an Industrial Tribunal.
   
   
2. CONTRACT DISPUTES
   We will negotiate for the the insured person's legal rights in a contractual dispute arising from an  agreement or an alleged agreement which the insured person has entered into for
   
     (a)  the buying or hiring in of any goods or services; or
   
    (b)  the selling of any goods
   
   Provided that
   
    (1)  The insured person has entered into the agreement or alleged
     agreement during the period of Insurance.
   
    (2)  The amount in dispute is more than £100.
   
   WHAT IS NOT COVERED
   
   Any claim relating to the following:
   
    (1)  A contract regarding an insured person's profession, business or employment.
   
     (2)  A lease of less than eight years, or a licence or tenancy of land or
     buildings.  However, we do  cover a dispute with a professional adviser
     in connection with the drafting of a lease, licence  or tenancy agreement.
   
     (3)  Construction work on any land, or designing, converting or extending any building.
   
     (4)  A contract involving a motor vehicle.
   
     (5)  The settlement payable under an insurance policy.
   
   
3. BODILY INJURY
   
   We will negotiate for the insured person's legal rights after an event which causes the death of, or  bodily injury to an insured person.
   
   WHAT IS NOT COVERED
   
   Any claim relating to the following.
   
   (1)  Any illness or bodily injury which happens gradually or is not caused by a specific or sudden  accident.
   
   (2)  Defending the insured person's legal rights, but defending a counter-claim is covered.
   
   (3)  When the insured person is driving a motor vehicle.
   
   
4. PROPERTY PROTECTION
   
   We will negotiate for the insured person's legal rights in a civil action relating to material property  (including your principal home), which is owned by the insured person or for which the insured  person is responsible following:
   
   (1)  any event which causes or could cause physical damage to such material property, provided  that the amount in dispute is more than £100; or
   
   (2)  any nuisance or trespass, provided that you are responsible for the first £250 of any claim.
   
   WHAT IS NOT COVERED
   
   1  Any claim relating to the following:
   
    (1)  A contract entered into by an insured person
   
    (2)  Any building or land other than your principal home
   
    (3)  Someone legally taking your principal home from you, whether you are offered
      money or  not, or   restrictions or controls placed on your principal home by any
     government or public or  local authority unless the claim is for accidental physical
     damage
   
    (4)  Work done by any government or public or local authority unless the claim
     is for accidental  physical damage
   
    (5)  A motor vehicle owned or used by, or hired or leased to an insured person
   
    (6)  Mining subsidence
   
   2  Defending any claim under insured incident 4 (1), but defending a counter-claim is covered.
   
   
5. TAX PROTECTION
   We will negotiate on the insured person's behalf and represent the insured person in any appeal  proceedings in respect of a full enquiry by the Inland Revenue into the insured person's personal  tax affairs if the full enquiry resulted from the insured person's work as an employee.
   
   
6. JURY SERVICE
   We will pay the insured person's salary or wages for the time that the insured person is off work  while attending jury service for each half or whole day of such attendance as far as they are not  recoverable from the court or the insured person's employer.
   
   The amount we will pay is based on the following:
   
   (a)  The time the insured person is off work, including the time it takes to travel to and from the  court.  We will work it out to the nearest half day, assuming that a whole day is eight hours.
   
   (b)  If the insured person works full time, the salary or wages for each whole day equals 1/250th  of the insured person's yearly salary or wages.
   
   (c)  If the insured person works part-time, the salary or wages will be a proportion of the  insured person's salary or wages.
   
   
7. LEGAL DEFENCE 
   We will defend the insured person's legal rights if an event arising from the insured  person's work as an employee leads to:
   
   (a)  the insured person being prosecuted in a court of criminal jurisdiction; or
   
   (b)  civil action being taken against the insured person under legislation for unlawful       discrimination on the grounds of sex, race, disability, religious belief or political  opinion; or
   
   (c)  civil action being taken against the insured person under section 22 or 23 of the Data    Protection Act 1984.
   
   

WHAT IS NOT COVERED

Any claim relating to a motor vehicle.

WHAT IS NOT COVERED BY THIS POLICY

1. Any claim reported to us more than 180 days after the insured person should have known about the  insured incident.
   
   
2. Any incident or matter arising before the start of this policy.
   
   
3. Any costs and expenses incurred before our written acceptance of a claim.
   
   
4. Fines, penalties, compensation or damages which the insured person is ordered to pay by a court or  other authority.
   
   
5. Any insured incident intentionally brought about by an insured person.
   
   
6. Any claim relating to an insured person's alleged dishonesty or alleged violent behaviour.
   
   
7. Any claim relating to written or verbal remarks which damage an insured person's reputation.
   
   
8. A dispute with us not otherwise dealt with under Condition 7.
   
   
9. An application for Judicial Review.
   
   
10. Any legal action an insured person takes which we or the appointed representative have not  agreed to, or where an insured person does anything that hinders us or the appointed  representative.
    
    
11. Any 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, foreign enemy hostilities (whether war is declared or not), civil war, rebellion,      revolution, military force or coup;
      
      
    • pressure waves caused by aircraft or any other airborne devices travelling at sonic or  supersonic speeds.
      
      
12. Any claim directly or indirectly caused by or resulting from any device failing to recognise, interpret,     or process any date as its true calendar date.

CONDITIONS WHICH APPLY TO THE WHOLE POLICY

1. An insured person must:
   
   (a)  Keep to the terms and conditions of this policy.
   
   (b) Take reasonable steps to keep any amount we have to pay as low as possible.
   
   (c)  Try to prevent anything happening that may cause a claim.
   
   (d) Send everything we ask for, in writing.
   
   (e)  Give us full details in writing of any claim as soon as possible and give us any information we need. 
   
   
2. (a)  We can take over and conduct in the name of an insured person, any claim or legal proceedings at  any time.
   
   We can negotiate any claim on behalf of an insured person.
   
   (b)  If we agree to start legal proceedings and it becomes mandatory for an insured person to be  represented by a lawyer, or if there is a conflict of interest, an insured person can choose an   appointed representative by sending us the suitably qualified person's name and address.  We may  choose not to accept the choice of representative, but only in exceptional circumstances.  If there is a  disagreement over the choice of appointed representative, another suitably qualified person can    be appointed to decide the matter.
   
   (c)  Before an insured person chooses a lawyer or an accountant, we can appoint an appointed  representative.
   
   (d) An appointed representative will be appointed by us and represent an insured person according to  our standard terms of appointment. The appointed representative must co-operate fully with us at  all times.
   
   (e)  We will have direct contact with the appointed representative.
   
   (f)  An insured person must co-operate fully with us and the appointed representative and must keep  us up-to-date with the progress of the claim.
   
   (g)  An insured person must give the appointed representative any instructions that we require.
   
   
3. (a)  An insured person must tell us if anyone offers to settle a claim.
   
   (b) If an insured person does not accept a reasonable offer to settle a claim, we may refuse to pay any  further costs and expenses.
   
   (c)  We may decide to pay the insured person the amount of damages that the insured person is  claiming or is being claimed against them, instead of starting or continuing legal proceedings.
   
   
4. (a)  An insured person must tell the appointed representative to have costs and expenses taxed,  assessed or audited, if we ask for this.
   
   (b) An insured person must take every step to recover costs and expenses that we have to pay and must  pay us any costs and expenses that are recovered.
   
   
5. If an appointed representative refuses to continue acting for an insured person or if an insured  person dismisses an appointed representative, the cover we provide will end at once, unless we agree  to appoint another appointed representative.
   
   
6. If an insured person settles a claim or withdraws their claim without our agreement, or does not give  suitable instructions to an appointed representative, the cover we provide will end at once and we will  be entitled to reclaim any costs and expenses paid by us. 
   
   
7. If we and an insured person disagree about the choice of appointed representative, or about the  handling of a claim, we and the insured person can choose another suitably qualified person to decide  the matter.  We and the insured person must both agree to the choice of this person in writing.  Failing  this, we will ask the president of a relevant national law society to choose a suitably qualified person.   
   
   All costs of resolving the disagreement must be paid by the party whose choice is rejected. 
   
   
8. We may at our discretion require you to obtain at your expense, an opinion from a barrister chosen by  you and us as to the merits of a claim or proceedings.  If the barrister's opinion indicates that there are  reasonable grounds for the pursuit or defence of a claim or proceedings, the cost of obtaining the  opinion will be paid by us.
   
   
9. We can cancel this policy at any time as long as we tell you at least 21 days beforehand.
   
   You can cancel this policy at any time as long as you tell us at least 21 days beforehand.
   
   
10. We will not pay any claim covered under any other policy, or any claim that would have been covered by  any other policy if this policy did not exist. 
    
    
11. This policy will be governed by English law.
    
    
12. All Acts of parliament mentioned in the policy include equivalent laws in Scotland, Northern Ireland, the  Isle of Man and the Channel Islands as the case may be.
    
    

HELPLINE SERVICES

We provide these services 24 hours a day, seven days a week during the period of insurance.  All helplines apply to the United Kingdom unless otherwise stated.  To help us check and improve our service standards, we record all calls, other than for the Health and Medical and Counselling services.

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.

EuroLaw Legal Advice Service

We will give an insured person confidential legal advice over the phone on any personal legal problem, under the laws of the member countries of the European Union, the Isle of Man, the Channel Islands, Switzerland and Norway.

Tax Advice Service

We will give an insured confidential advice over the phone on personal tax matters.

Health and Medical Information Service 

We will give an insured person information over the phone on health and fitness and non-diagnostic advice on medical matters.  Advice can be given on allergies, the side effects of drugs and how to improve general fitness.  Information is available on self-help groups and hospital waiting lists.

For the following four assistance services, you will be responsible for paying the costs for the help provided.

Domestic Assistance Service

We will arrange help or repairs needed if you have a domestic emergency in your home, such as a burst pipe, blocked drain, broken window or building damage. 

Veterinary Assistance Service

If your pet is ill or injured, we can help find a vet who can offer treatment.

Childcare Assistance Service

We will arrange help following an emergency (such as illness or injury to an insured person) if a regular childminder cannot attend or you have to leave children at home unexpectedly.

Home Assistance

We will arrange assistance following an emergency (such as illness or injury to an insured person) when help is needed to run the home.  We can help find cleaning staff, au pairs and housekeepers. 

TO CONTACT THE ABOVE SERVICES, PHONE US ON 0117 934 2111 OR 0117 976 2030.

Counselling

We will provide an insured person with a confidential counselling service over the phone, including where appropriate, onward referral to relevant voluntary or professional services.

TO CONTACT THE COUNSELLING HELPLINE, PHONE US ON 0117 934 2121

We will not accept responsibility if the Helpline Services are unavailable for reasons we cannot control.