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International Travel Insurance - Policy wording:
For residents of all countries outside the UK, USA and Canada
Main terms and conditions ( BUPA travel insurance )
Section 5 - Legal protection
We will provide telephone guidance and assistance on any legal problem which arises in connection with a trip. This service operates from the start of a trip until 7 days after completion of the trip.
What is covered:
Royal & Sun Alliance Insurance plc will insure you for:
Legal expenses up to £25,000 to claim compensation or damages if you are injured or if you die as a direct result of an accident that happens during the trip.
An overall maximum of £50,000 for all claims made by injured persons as a direct result of the same accident.
Any extra travelling expenses up to a maximum of £250 per person if you have to attend a court abroad about your claim for compensation.
What is not covered:
Royal & Sun Alliance Insurance plc will not cover any claim:
a) For legal expenses which we have not agreed to beforehand in writing
b) Reported to us more than 90 days after the incident
c) Where we think there is not a reasonable chance of you winning the case or achieving a reasonable outcome
d) Where a reasonable estimate of your total legal expenses is greater than the compensation or damages that you are claiming
e) Where you are injured or die as a result of taking part in hazardous sports or activities
f) For damages or fines you have to pay
g) In conjunction with a trip solely within the country of departure
h) Made by you against BUPA, us or the insurer
i) For any costs relating to a claim or counterclaim made against you
How we settle claims under this section
You must keep to the conditions on this page, and on page 12.
If anything happens which might lead to a legal expenses claim, you must tell us immediately by filling in a claim form, giving us a full and truthful account of the details of your claim. You must give us any information we request.
We will give you our agreement if:
* we think you have a reasonable chance of winning your case and achieving a reasonable outcome; and
* we think it reasonable to pay your legal expenses.
if we do not accept your claim we will tell you why.
if there is a dispute between you and us about this section of the policy, it can be taken to an independent arbitrator. The arbitrator will be a solicitor or barrister whom you and we agree to. If we cannot agree with you on an arbitrator, the President of the Law Society (or similar organisation) will choose an arbitrator.
The side that loses the arbitration will pay the costs of the arbitration. If the decision is not totally in the favour of one side, the arbitrator will decide who pays the costs.
When an incident happens outside of the European Union, we will appoint and control the legal representative.
If your representative wants to consult a barrister we will agree if we think it is reasonable. You must give us the name of the barrister and the reasons why you need one.
We may take over and continue in your name all legal action if the dispute is for an amount which is less than £1,000 or if the dispute could be dealt with by the Small Claims Court. In these circumstances, we may carry out our own investigation and try to settle your dispute. You must agree to a settlement which is reasonable.
You must tell us if an offer is made to settle the dispute.
You must not negotiate or agree to settle the dispute without having our agreement beforehand. If you do not accept a reasonable offer to settle the dispute, we may not continue to support your claim.
We must be able to contact your representative. You and your representative must co-operate with us and tell us about developments to do with your case.
You must send all bills for the representative's legal expenses as soon as you receive them. You must confirm to us that any charges you have to pay for the representative's handling this dispute are acceptable and that we may pay the bill for you.
You and your representative must take every step to recover legal expenses. You must pay any recovered legal expenses to your representative who must then refund any legal expenses which we have paid or which we are due to pay.
If, during the claim, we think that Exclusion (c) may apply, we may not continue to support your legal proceedings.