Section 6 - Legal Expenses
Section Definitions
For the purposes of this Section the following Definitions apply
1. The Insured means
| (a) the School described in the Schedule and any body corporate trust or other entity by which such establishment has legal status which holds its rights and assets and/or bears its liabilities | |
| (b) the Patron and/or Trustees | |
| (c) each individual member of the board of management/governors |
2. Appointed Solicitor means
The Solicitor appointed to act for the Insured for the purposes of this Section 6
Section Insuring Clause (what is insured)
1. Legal costs and expenses reasonably and properly incurred by the Insured with the express prior approval of the Company during the Period of Insurance arising from or directly connected with the
| (a) pursuit of legal proceedings | |||
| (i) arising from any dispute relating to contractual relationships between the Insured and any | |||
| (1) Employee ex-Employee or prospective Employee | |||
| (2) pupil past pupil or prospective pupil of the School or their parent or guardian | |||
| (ii) for damages arising from legal liability | |||
| in connection with a School Related Activity | |||
| (b) pursuit or defence of legal proceedings | |||
| (i) arising from contractual relationships between the Insured and any supplier in respect of a contract for the purchase hire sale or supply of goods or services in connection with a School Related Activity | |||
| (ii) in respect of damage to School Property or any infringement of the legal rights of the Insured or of another relating to the ownership and occupation of School Property | |||
| (c) defence of the Insured in any prosecution for breach of statute statutory instrument order or regulation in connection with a School Related Activity | |||
Limit of Indemnity - €500,000
2. Legal costs and expenses reasonably and properly incurred with the express prior approval of the Company arising in connection with the investigation and preparation of any report in connection with any matter which may give rise to a claim under this Section or under Section 5 - Indemnity to Management
Limit of Indemnity - €25,000
Provided that
| (a) the Company will only accept a claim under this Section if the relevant legal proceedings offer reasonable prospects for success The Company may at any time discontinue indemnity if in the course of a claim it is felt that such prospects no longer exist If the Company refuses to accept or discontinues any claim it will inform the Insured of the reasons for doing so | |
| (b) the liability of the Company in respect of all legal costs and expenses during the Period of Insurance shall not exceed the Limits of Indemnity stated above | |
| (c) the Insured shall not be entitled to indemnity under this Section in respect of any claim for which indemnity is more specifically provided (or would have been provided but for the application of a proviso Condition or Exclusion thereunder) under Section 4 - General Liability or Section 5 - Indemnity to Management | |
| (d) the claim is brought against the Insured in a Court of Law in the Territorial Limits or any territory covered by the Enforcement of Judgements (European Communities) Act 1988 but excluding any legal action or litigation to enforce a judgement brought in a court of law from outside these territories whether by way of reciprocal agreement or otherwise |
Section Exclusions (what is not insured)
1. Legal costs and expenses relating to or arising from
| (a) Bodily Injury to any persons | |
| (b) any incident breach or alleged breach of law or legal responsibility occurring prior to the attachment of cover under this Section | |
| Provided that in the case of claims for multiple incidents breaches or alleged breaches of the law or legal responsibilities the first causal incident or breach shall be decisive | |
| (c) a dispute between the Insured and the Company | |
| (d) any claim for legal costs and expenses relating to monies owed to the Insured not made within six months of such monies becoming due and payable | |
| (e) any prosecution deliberately and intentionally solicited by the Insured | |
| (f) any deliberate or intentional breach by the Insured of an express term of any contract | |
2. Legal costs and expenses incurred
| (a) prior to the acceptance of a claim as valid by the Company | |
| (b) without the express prior approval of the Company | |
| (c) in any case pursued or defended without the express prior consent of the Company or contrary to or in a different manner from that advised by the Appointed Solicitor | |
| (d) where there is failure to give proper instructions in due time to the Appointed Solicitor or where there is any delay by the Insured which in the opinion of the Company is prejudicial to the case | |
| (e) for which a third party would be liable |
3. Any compensation awards damages fines or penalties
4. The pursuit of any claim for infringement of legal rights relating to the ownership or occupation of School Property arising from a contract made between the Insured and a third party
5. An amount equal to ten percent of the total cost of each and every claim subject to a maximum amount of €320 each and every claim
6. Legal costs and expenses arising directly or indirectly out of or in connection with
| (a) Pollution or Contamination unless caused by a sudden identifiable unintended and unexpected incident which takes place in its entirety at a specific place and time during the Period of Insurance | |
| Provided that all Pollution or Contamination which arises out of such incident shall be deemed to have occurred at the time such incident takes place | |
| (b) any intentionally dishonest fraudulent criminal or malicious act or omission committed by any person after the discovery in relation to that person of reasonable cause for suspicion of such intentionally dishonest fraudulent criminal or malicious act or omission |
7. Legal costs and expenses directly or indirectly caused by arising from in consequence of or in any way involving asbestos
But this Exclusion shall not apply to Bodily Injury or loss of or damage to material property caused by any commodity article or thing containing asbestos where the presence of asbestos is not in itself a direct or indirect cause of such Bodily Injury or loss of or damage to material property
SEE ALSO GENERAL EXCLUSIONS AND GENERAL CONDITIONS
Section Conditions
1. Representation
| (a) Upon acceptance of a claim by the Company the Insured shall notify the Company which solicitor from the Company's panel of solicitors they wish to act for them | |
| (b) If the Insured fails to nominate a solicitor or requests the Company to do so on their behalf the Company will instruct a solicitor accordingly if it considers this necessary to protect the interests of the Insured | |
| (c) The solicitor nominated to act for the Insured shall be appointed by the Company in the name of and on behalf of the Insured |
Note:
Appointment of a solicitor from the Company's panel is for the purposes of expediting the claim process and in no way affects the rights of the Insured to appoint a solicitor or other appropriately qualified person of their choice in accordance with Article 7 of the European Communities (Non Life Insurance) (Legal Expenses) Regulations 1991.
2. Control of Claim
| (a) The Company shall have direct access to the Appointed Solicitor at all times The Insured shall co-operate with the Company and the Appointed Solicitor in all respects and shall keep the Company fully and continually informed of all material developments in the legal representations or proceedings | |
| (b) At the request of the Company the Insured shall instruct the Appointed Solicitor to immediately produce any documents information or advice in his/her possession The Insured shall also give the Appointed Solicitor such other instructions in relation to the conduct of the claim as the Company may require | |
| (c) The Company shall be notified immediately of any offer or payment into court made with a view to settling the Insured's claim for damages If such offer or payment is not accepted by the Insured and the amount thereof is equal to or in excess of the total damages eventually recovered the Company shall have no liability for any further legal costs and expenses or opponent's costs unless the Company gave authority for the continuation of proceedings | |
| (d) If in any proceedings the Insured is unsuccessful in any claim defence or appeal no further appeal or other proceedings may be commenced without the prior written approval of the Company |
3. Withdrawal
| (a) If the Insured withdraws from a claim without the prior consent of the Company then the Insured shall become responsible for all costs and expenses paid or incurred by the Company in connection with the claim | ||
| (b) In the event that | ||
| (i) the Appointed Solicitor refuses to continue to represent the Insured | ||
| (ii) the Insured withdraws the claim from the Appointed Solicitor | ||
then the liability of the Company will cease immediately unless the Company agrees to the appointment of another solicitor to continue with the claim
