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Collidge and Partners are proud to offer a special facility for it's customers: Marine Legal Cover. This option provides
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The insurance has been arranged by specialist providers Amicus Legal Ltd. on behalf of Collidge and Partners.
Yatching and boating should be an enjoyable experience with you, your crew and vessel returning safe and sound at the end of your cruise or race. Unfortunatly though, sometimes things go wrong and you find yourself involved in a legal dispute. Marine law is complex and it is important that you have access to specialist advice and representation.
Marine Legal Cover is an insurance to protect you against risks not covered by most yacht policies - no matter how good they are. Marine Legal Cover will pay for you to have specialist representation if your vessel is involved in a collision or other marine accident and you suffer financial loss or injury. For example you may have to pay an excess under your policy or lose the benefit of a planned holiday cruise.
If you or your crew are injured it is even more important that you receive expert help.
Marine Legal Cover pays up to £100,000 for professional fees for each claim to cover your own lawyer's costs and those of your opponent if awarded against you.
This insurance is designed to meet the needs of boat owners wishing to protect themselves against future legal costs in the event of disputes as described in this leaflet.
Legal expenses are covered so that you may pursue civil claims against those to blame for damage to your vessel following collision, impact, fire or flooding.
See the policy wording for full details of the insurance cover, including the conditions and exclusions.
Please note that you must have a Marine Insurance Policy arranged by Collidge & Partners in order to join the scheme.
Pay the premium to Collidge & Partners and your cover will run concurrently with the period of insurance of your yacht policy (normally 12 months).
You must give Amicus details of any claim as soon as possible and no later than 180 days after the insured incident happening. You can write to
The Claims Department, Amicus Legal Ltd., The Old Exchange,
64, West Stockwell Street, Colchester, CO1 1HE
Alternatively, please telephone 01206 366500 or fax (01206) 366501.
Our "in-house" lawyers are available to help you with any legal problem or question concerning your vessel. We may be able to help you to resolve many problems before they become full blown disputes. This services provides for "first aid" advice on yachting legal problems to those who have paid the premium for Marine Legal Cover.Telephone 01206 366500
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1. |
We, our, us |
Amicus Legal Ltd. who administer this insurance and handle claims on behalf of the underwriters |
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2. |
You, your |
The person who has taken out this policy, being the owner of the vessel. |
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3. |
Insured person |
You and any authorised skipper, crew or guests. If the insured person dies, the insured person's personal representatives will be covered by this insurance on behalf of the insured person, which arose prior to the insured person's death |
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4. |
Vessel |
The craft declared to us and in respect of which the premium has been paid. |
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5. |
Representative |
The laywer or other suitably qualified person who has been appointed by us to act for the insured person in accordance with the terms of the policy. |
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6. |
Legal costs |
All reasonable and necessary costs charged by the representative on a standard basis. Also, the costs incurred by opponents in civil cases if the insured person has to pay them, or pays them with our agreement. |
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7. |
Cruising Range |
Section 1(a) United Kingdom, Isle of Man, Channel Islands, Europe, countries bording the Mediterranean, Caribbean, Azores, Cape Verde Islands, Canaries, Madeira, Bermuda, Australia, New Zealand and Hong Kong. |
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8. |
Period of Insurance |
One year from the date shown on the declaration returned to us |
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9. |
Date of occurrence |
For civil claims 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. |
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10. |
Underwriters |
DAS Legal Expenses Insurance Company Ltd. |
| 1. | . |
This policy covers the insured person. We agree to provide the insurance in this policy for as long as: - |
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(a) |
the premium has been paid; |
| . | (b) |
the date of occurrence of the insured incident is during the period of insurance; |
| . | (c) |
any legal proceedings will be dealt with by a court, or other body which we agree to, in the cruising range. |
| . | (d) |
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); |
| . | (e) |
the insured incident occurs in the cruising range. |
| 2. | . |
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 legal costs for appeals, we must agree that it is always more likely than not that the appeal will be successful. |
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We will only pay the legal costs charged by a respresentative appointed by us. |
| 4 | . |
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 £100,000. |
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(i) |
Any claims caused by, or arising from faults in the vessel or faulty, incomplete or incorrect service, maintenance or repair of the vessel. |
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(ii) |
Any claims caused by, or arising from an alleged breach of contract. |
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(iii) |
Any claims where one insured person is pursing a legal action against another insured person. |
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Any claim reported to us more than 180 days after the date the insured person should have known about the insured incident. |
| 2. | . |
Any legal costs that are incurred before we agree to pay them. |
| 3. | . |
Any claim relating to the following: - |
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(a) |
the insured person's dishonesty or violent behaviour; |
| . | (b) |
the settlement payable under an insurance policy; |
| 4. | . |
Any claim arising from any venture for gain or business project of the insured person, other than yacthing and angling charters. |
| 5. | . |
Fines, damages or other penalties which the insured person is ordered to pay by a court or other authority. |
| 6. | . |
Defending the insured person's legal rights after the event which causes the death of, or bodily injury to, the insured person |
| 7. | . |
Any claim caused by, contributed to, or arising from: - |
| . | (a) |
ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel; |
| . | (b) |
radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it; |
| . | (c) |
war, invasion, foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, military force or coup; or |
| . | (d) |
pressure waves caused by aircraft or any other airbourne devices, travelling at sonic or supersonic speeds. |
| 8. | . |
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. |
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Any disagreement with us, or the underwriters, not dealt with under Condition 7. |
| 10. | . |
Any legal action the insured person takes, which we or the representative have not agreed to, or where the insured person does anything that hinders us or the representative. |
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An application for Judicial Review. |
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Apart from us or the underwriters, the insured person is the only person who may enforce all or any part of this policy, and the rights and interesting arising from, or connected with it. This means that The Contract (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third party rights or interest. |
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Any claim where the marine insurers of the vessel have refused to accept your marine insurance claim. |
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(a) |
keep to the terms and conditions of this policy; |
| . | (b) |
try and prevent anything happening that may cause a claim; |
| . | (c) |
take reasonable steps to keep any amount we have to pay as low as possible; |
| . | (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. |
| (a) |
We can take over and conduct in the name of the insured person, any claim or legal proceedings at any time. We can negotiate any claim on behalf of the insured person. |
| (b) |
The insured person is free to choose a representative (by sending us a suitably qualified person's name and address) if:- |
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(i) we agree to start court proceedings and it becomes necessary for a lawyer to represent the interests of the insured person in those proceedings; or |
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(ii) there is a conflict of interest. |
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We may choose not to accept the insured person's choice, but only in exceptional circumstance. If there is disagreement over the choice of representative in these circumstances, the insured person may choose another suitably qualified person. |
| (c) |
In all circumstances, except those in 2(b) above we are free to choose a representative. |
| (d) |
Any representative will be appointed by us to represent the insured person, according to our standard terms of appointment. The representative must cooperate fully with us at all times. |
| (e) |
We will have direct contact with the representative. |
| (f) |
The insured person must cooperate fully with us and the representative, and must keep us up to date with the progress of the claim. |
| (g) |
The insured person must give the representative any instructions we require. |
| (a) |
The insured person must tell us if anyone offers to settle the claim. |
| (b) |
If the insured person does not accept any reasonable offer to settle the claim, we may refuse to pay any legal costs. |
| (c) |
We may decide to pay the insured person the amount of damages the insured person is claiming, or what is being claimed against them, instead of starting or continuing legal proceedings. |
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(a) |
The insured person must tell the respresentative to have legal costs taxed, assessed or audited if we ask for this. |
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(b) |
The insured person must take every step to recover legal costs that we have to pay, and must pay us any legal costs that are recovered. |
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If the representative refuses to continue acting for the insured person or if the insured person dismisses the representative, the cover we provide will end at once, unless we agree to appoint another representative. |
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If the insured person settles a claim or withdraws it without our agreement, or does not give suitable instructions to a representative, the cover we provide will end at once and we are entitled to reclaim any legal costs we have paid. |
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If we and the insured person disagree about the choice of representative, or about the handling of a claim, we and the |
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We may at our discretion, require the insured person to obtain at your expense, an opinion from a lawyer or other suitably qualified person chosen by the insured person and us, as to the merits of the claim or proceedings. If the chosen person's opinion indicates that it is more likely than not that the insured person will recover damages (or obtain any other legal remedy that we have agreed to) or make a successful defence, we will pay the costs of obtaining the opinion. |
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We can cancel this policy at any time as long as we tell you at least 14 days beforehand. You can cancel this policy within 14 days of taking it out. After this you can cancel it at anytime by telling the person who sells you this insurance, subject to 14 days notice of cancellation. You can ask the person who sells you this insurance about getting a refund of premium if you cancel this policy. |
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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. |
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This policy will be governed by English Law. |
To provide and administer the legal advice and legal expenses insurance, we must process your personal data and where appropriate your sensitive personal data, and in doing this we will comply with the Data Protection Act 1998. We may need to pass data to the underwriters of the policy, DAS Legal Expenses Insurance Company Ltd. Unless required by law, by our regulator or a professional body, we will not disclose your data to any other person or organisation or use it for any other purpose. The data controller is Amicus Legal Ltd.
If you have a complaint about our service or about a claim, please write to the Claims Director, at Amicus Legal Ltd. The Old Exchnage, 64, West Stockwell Street, Colchester CO1 1HE. Complaints will be acknowledged within 5 business days of receipt confirming the name of the person dealing with matter and when a response can be expected. We aim to provide a full written response within 20 business days unless the complaint is of such a nature that it needs more detailed investigation. If this is the case, we will advise you of the likely timescale.
If you are still not happy with the response you receive, you have the right to ask Financial Ombudsman Service to review your case within six months of the company's decision to investigate the complaint. For more information about the Financial Ombudsman Service telephone 0845 080 1800, or www.financial-ombudsman.org.uk
You may be entitled to compensation from the Financial Service Compensation Scheme (FSCS) if the underwriters of this policy, DAS Legal Expenses Insurance Company Ltd. cannot meet their obligations. This depends on the type of insurance and the circumstances of the claim. Most insurance contracts are covered for 100% of the first £2000 and 90% of the remainder of the claim costs. You can get more information about the compensation scheme from the FSCS. You can get more information about the compensation scheme from the FSCS on 020 7892 7300 or www.fscs.org.uk.
In arranging this type of insurance Amicus acts only for one insurer, DAS Legal Expenses Insurance Company Ltd. of DAS House, Quay Side, Temple Back, Bristol, BS1 6NH. The law which applies to this insurance is English and the English language will be used in all communications.
In administering claims under this insurance policy, Amicus acts on behalf of the insurer. If a claim is accepted, a soliciter or other advisor will be appointed to act for the insured.
In some circumstances Amicus may provide legal advice to the insured, but only if there is no conflict of interest between the insured and insurer or Amicus. These circumstances are:
1. Amicus provides a telephone legal advice service to insureds.
2. Amicus may engange in correspondence on behalf of insureds to pursue civil claims against other parties, provided legal proceedings have not been issued.
In the event that a conflict of interest arises between two people both inusred through Amicus, or between an insured and Amicus, or an insured and the insurer, then arrangements will be made for seperate representation.
Telephone calls may be monitored and recorded in the interest of customer service and for training purposes.
DAS Legal Expenses Insurance Company Ltd. and Amicus Legal Ltd are incorporated in the UK and are authorised and regulated by the Financial Services Authority.
Amicus Legal Ltd. is not a solicitor's practice
Amicus Legal Ltd's registered office is DAS House, Quay Side, Temple Back, Bristol, BS1 6NH. www.amicuslegal.co.uk Registered Number 3524185
These details can be checked with the Financial Services Authority on 0845 606 1234 or www.fas.gov.uk/register
AL 48/13 (23/04/07)