What you can be covered for:
Cover can be dependant on the level of cover chosen.
Your policy may also include cover for a “legal information helpline” for general information and support and a “document centre” which contains a broad range of contract templates and guides ranging from employment contracts, to rental agreements, and wills.
The total premium payable will depend on a number of factors including the amount/ level of cover you choose and your individual circumstances.
Here are some Claims Examples
Personal Injury
A policyholder tripped on uneven pavement in a shopping centre, falling and spraining their wrist. She contacted the
centre and was advised that they would not be responsible for her injuries, despite numerous requests by her to meet
with the centre management. Her broker advised her she had taken out Private Legal Expense Cover in addition to her
Home & Contents insurance. Her broker contacted the insurer and subsequently submitted a claim to pursue compensation
for medical expenses and damages. The insurer appointed lawyers to pursue the shopping centre owners for damages and
at a mediation the shopping centre agreed to pay damages and contribution to legal costs. The insurer paid the appointed
lawyer’s fees and the costs of expert reports. The insurer paid all legal costs which exceeded the legal costs recovered from
the shopping centre owner.
Consumer Contract disputes (Gold Cover only)
The insured hired a marquee, glass wear, chairs and tables for an upcoming 21st for their daughter. Delivery was arranged
for the day before, with full payment required prior. As part of the contract with the hire company the marquee was to
be fully enclosed and erected on site. The company delivered the goods the day before the event, however they refused
to erect the marquee and it appeared that it and some of the glass wear were damaged. Upon contacting the hire
company, they refused to meet their obligations under the contract and when they informed the company of the glass
breakages, they advised this would be charged to their credit card. Given they had an event to prepare for the following
day they utilised what they could of the hired equipment. The insured contacted the hire company prior to the collection
of the goods and advised they had stopped the payment on the hired goods as they believed the contract had not been
fulfilled. The hire company threatened legal action for the debt and return of the goods. The insured contacted the insurer
Legal Information Helpline and they were advised to lodge a claim to defend their legal rights.
Property and goods
Your next-door neighbour complained to you that the fence between the two properties was dilapidated and needed
to be taken down and rebuilt. They claimed the fence encroached on their property. While it was agreed that a new
fence was required, the placement of the fence was discussed. You argued that the fence needed to be further on your
neighbour’s land, as the current fence was not on the true boundary. The neighbour disagreed and insisted that the
new fence be erected where the current one was. The insurer appointed lawyers who engaged a Surveyor to confirm the
location of the boundary. The survey proved that the fence was indeed incorrectly positioned and needed to move
35cm onto your neighbour’s property. All legal costs were paid by the insurer.
If you want more claims examples, or find out how much this product will cost you, contact us and we can assist you.
There are often exclusions, deductibles and limits which apply, so contact an Avoca Insurance Broker to discuss your specific insurance needs.
NEED TO GET IN TOUCH WITH OUR INSURANCE BROKERS?
NO. Legal Expense Insurance is a Before the Event cover.
You are not covered for any Legal Costs & Expenses in respect of any Claim arising from or relating to:
any actual or alleged act, omission or dispute which took place before, or existed:
No – only physical goods and/or property owned by You such as an event which causes physical damage to Your physical goods or property including Your principal place of residence (conditions apply).
Also a lease or licence to occupy land or buildings is not covered.
No - Any Claim arising from or relating to:
1) a condition, illness or disease which develops gradually over time;
2) mental injury, mental anguish, nervous shock, depression or psychological symptoms where You have not sustained physical injury to Your body; or
3) an injury suffered at work or in connection with your work IS NOT COVERED.
A policy may be cancelled by You giving written notice to us at any time.
A refund may be issued pro-rata for the unexpired portion of the period of insurance.
However, there will be no pro-rata refund if there has been any notification of a circumstance or claim as this is a "claims made policy."
No. This is an exclusion under the policy wording and any dispute with any Related Entity or Related Bodies Corporate is not covered.
The outcome of your case is contingent upon its progression and the potential for an amicable settlement prior to reaching the Court stage. It is important to recognize that when filing a claim under the policy, there exists a possibility of having to proceed to Court (or Tribunal) if a resolution cannot be achieved amicably.
The insurer will consistently advocate for alternative solutions, particularly through the submission of settlement proposals or participation in mediation when suitable. The success of these efforts relies on both parties' willingness to reach a compromise that facilitates an agreement. Should this not be attainable, pursuing a resolution in Court (or Tribunal) may become the sole recourse. Therefore, it is essential to understand that this scenario is a possibility before initiating a claim under the policy.
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