Thank you for choosing us to provide your Solo Commercial Legal Expenses Insurance Policy, which is underwritten by Financial & Legal Insurance Company Limited. You now have legal expenses insurance to protect you in relation to the cover set out in this Policy.
A summary of the cover provided by this Policy is shown in your Insurance Product Information Document (IPID).
You are entitled to cancel your Policy with a full premium refund within 14 days of its starting, provided that there have been no claims. Please see the cancellation condition under the Conditions.
This insurance is a contract between us (Financial & Legal Insurance Company Limited) and you (the Policyholder shown in the Certificate of Insurance). This is a claims made Policy which means that for there to be a valid claim under the Policy, claims must be reported to us during the Period of Insurance
We will, subject to the terms of this Policy, provide you with the insurance set out in the Policy in respect of claims reported to us during the Period of Insurance shown in the Certificate of Insurance and for any subsequent period for which we may accept a renewal premium.
You must ensure that all the information you have given to us is accurate to the best of your knowledge. We will be entitled to refuse to accept a claim where you do not take reasonable care not to make a misrepresentation.
The Policy, Policy Schedule and any endorsements must be read together as one document. Signed on our behalf
Nick Garner, Chief Executive Officer
Financial & legal Insurance Company limited
We will, subject to What is NOT Insured, the Claims Settlement Provisions and Conditions of this Policy provide the insurance in relation to the Insured Incidents, shown as operative in the Certificate of Insurance, set out below.
Provided that:
We will not pay:
We will pay the Costs and Expenses for the pursuit of Legal Proceedings relating to an unpaid and non-contested debt arising from an agreement You have entered into for the buying, selling or hiring in of any goods or services.
Provided that:
We will not pay for:
We will pay the Costs and Expenses for the pursuit or defence of Legal Proceedings relating to a contractual dispute that You have entered for the buying, selling or hiring of any goods or services.
Provided that:
We will not pay for:
We will pay the Costs and Expenses for defending an Insured Person’s rights relating to any:
We will not pay for:
We will pay the Costs and Expenses in relation to an appeal against the service of an improvement or prohibition notice, a suspension notice or an order of enforcement under the Health and Safety at Work Act 1974 or the Food Safety Act 1990.
Provided that upon becoming aware of the service of a notice or enforcement order under or in relation to the Health and Safety or Food Safety Acts, the Insured Person acts with due diligence in the event of any approach by the Environmental Health Office or the Health and Safety Executive.
We will not pay for any claim
We will pay the Costs and Expenses relating to
Provided that
We will not pay for any claim:
We will pay the Costs and Expenses in relation to an appeal against a statutory licensing authority following an act or omission, which leads to the suspending, revoking, altering the terms of or refusal to renew a statutory licence.
For each day that an Insured Person is required to attend any court or tribunal as a member of a jury, We will pay the actual loss of the salary or wages of an Insured Person for the time off work.
Provided that such salary or wages are not recoverable from the relevant court, tribunal or other party.
We will not pay for any claim:
For each day that an Insured Person is required to attend any court or tribunal at the request of an Appointed Representative, We will pay the actual loss of the salary or wages of an Insured Person for the time off work.
Provided that such salary or wages are not recoverable from the relevant court, tribunal or other party.
We will not pay for any loss incurred before an Insured Person makes a claim.
We will not pay for any claim where You are unable to support Your loss.
This advice line is available 24 hours a day, 365 days a year and provides You with confidential telephone legal advice on business legal matters subject to the law of the United Kingdom of Great Britain and Northern Ireland. This advice line is available 24 hours a day, 365 days a year.
Please note the personal legal advice helpline is not intended to replace the services of a solicitor, but rather to assist You to identify the legal issues at hand, consider Your legal rights and what courses of action are available to you and whether you need to consult a solicitor. The heIpline can provide general advice only and cannot assist with complex legal matters which may require the review of documentation or specific legislation. General advice may be limited to signposting and referring You to other appropriate agencies, or recommending a specialist solicitor for further assistance, which may include considering policy cover under this insurance.
If You need to use the Helpline, please have Your policy number ready, and confirm to the call handler the name of the broker who sold You the policy.
To help Us monitor and improve service standards, calls may be recorded. Please note that You will be required to provide personal details in order to make use of the Helpline. The Helpline team will use Your personal data, such as date of birth, so that they can confirm your identity during subsequent calls, as this helps them protect Your confidentiality.
To use the legal advice helpline, please call 0161 6032193.
We will, subject to What is NOT Insured, the Claims Settlement Provisions and Conditions of this Policy provide the insurance in relation to the Insured Incidents, shown as operative in the Certificate of Insurance, set out below.
Provided that:
We will not pay:
We will pay the Costs and Expenses for the pursuit of Legal Proceedings relating to an unpaid and non-contested debt arising from an agreement You have entered into for the buying, selling or hiring in of any goods or services.
Provided that:
We will not pay for:
We will pay the Costs and Expenses for the pursuit or defence of Legal Proceedings relating to a contractual dispute that You have entered for the buying, selling or hiring of any goods or services.
Provided that:
We will not pay for:
We will pay the Costs and Expenses for defending an Insured Person’s rights relating to any:
We will not pay for:
We will pay the Costs and Expenses in relation to an appeal against the service of an improvement or prohibition notice, a suspension notice or an order of enforcement under the Health and Safety at Work Act 1974 or the Food Safety Act 1990.
Provided that upon becoming aware of the service of a notice or enforcement order under or in relation to the Health and Safety or Food Safety Acts, the Insured Person acts with due diligence in the event of any approach by the Environmental Health Office or the Health and Safety Executive.
We will not pay for any claim
We will pay the Costs and Expenses relating to
Provided that
We will not pay for any claim:
We will pay the Costs and Expenses in relation to an appeal against a statutory licensing authority following an act or omission, which leads to the suspending, revoking, altering the terms of or refusal to renew a statutory licence.
For each day that an Insured Person is required to attend any court or tribunal as a member of a jury, We will pay the actual loss of the salary or wages of an Insured Person for the time off work.
Provided that such salary or wages are not recoverable from the relevant court, tribunal or other party.
We will not pay for any claim:
For each day that an Insured Person is required to attend any court or tribunal at the request of an Appointed Representative, We will pay the actual loss of the salary or wages of an Insured Person for the time off work.
Provided that such salary or wages are not recoverable from the relevant court, tribunal or other party.
We will not pay for any loss incurred before an Insured Person makes a claim.
We will not pay for any claim where You are unable to support Your loss.
Any claim or incident which may lead to a claim and which the Injured Person knew about or ought reasonably to have known about before the start of this Policy.
Any costs incurred before a claim is made and any Costs and Expenses, which We do not authorise.
Any claim
We will have the right to refuse to pay a claim or to void this insurance from the date of the act.
Any claim where the Insured Person ls bankrupt, in liquidation, has made an arrangement with their creditors, has entered into a Deed of Arrangement or where part or all of the Insured Person’s affairs or property is in the care or control of a receiver or an administrator.
Any Costs and Expenses, which can be recovered by an Insured Perron under any other insurance or which would have been covered if this insurance did not exist except for any amount in excess of that which would have been payable under such insurance(s).
For fines, damages or other penalties which the Insured Person is ordered to pay by a court or other authority.
Any claim arising from any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, confiscation, requisition, terrorism or alleged acts of terrorism as set out in the Terrorism Act 2000, or damage to property by or under the authority of any government, public or local authority.
Any claim, which arises from or is directly or indirectly caused by, contributed to, by or arising from any of the following, or from any similar reaction or event
Any claim:
Any claim where, in Our opinion, the value/amount in dispute is disproportionate to the time and Costs and Expenses involved in its pursuit.
Any claim for the VAT element of the Costs and Expenses, if You are registered far VAT.
The Insured Person must take all reasonable precautions to reduce or remove the risk of a claim and not take any deliberate acts which will result in a claim.
The Insured Person must tell Us immediately of any circumstances which may give rise to a claim.
On receipt of the claim it will be assessed and dealt with by Our in-house claims negotiators and, if appropriate and if Reasonable Prospects exist and the claim is reported to Us immediately after the Insured Person becomes aware of circumstances which may give rise to a claim, We will then instruct an Appointed Representative to handle the claim on behalf of the Insured Person. If there is a dispute as to whether Reasonable Prospects exist, We may require the Insured Person, at the Insured Person’s own expense, to obtain Counsel’s opinion as to the merits of the case. The costs will be refunded to the Insured Person if Counsel‘s opinion clearly shows that there are merits in proceeding. 4. Conduct of the Claim
What the Insured Person must not do
Please Note
We will be entitled to be reimbursed by the Insured Person for any Costs and Expenses previously agreed or paid to or on behalf of the Insured Person if the Insured Person breaches any of the conditions in (ii) and (iii) above.
At any time We will be entitled to pay the reasonable amount of damages claimed if in Our opinion this would be a more economic solution.
Any Legal Proceedings must be dealt with in the jurisdiction of a court or tribunal in the United Kingdom.
If there is a conflict of interest, or if the claim is not settled by negotiation and it then becomes necessary to start court proceedings, only then will the Insured Person be entitled to choose their own lawyer for Us to instruct as the Appointed Representative to handle the claim.
Where we have agreed someone other than our nominated Appointed Representative may act for the Insured Person, we will not pay any sums in excess of what we would have paid to an Appointed Representative that we would have appointed to undertake the same work, which is currently set at an hourly rate of £125 + VAT.
Anyone making a claim under this Policy must have Your permission and observe the terms under this Policy.
You may cancel this Policy within 14 days of its inception without any premium charge provided that there have been no claims. Thereafter, You may cancel the Policy at any time, however no refund of premium will be available. If You cancel the Policy You must contact Your insurance adviser.
We may cancel this Policy at any time provided that We give You 7 days’ notice of cancellation and there is a valid reason for doing so. Valid reasons for cancellation include, but are not limited to fraud, dishonesty and any outstanding amount due from You in relation to any other claim under the Policy. Where We cancel this Policy no refund of premium will be available. If We cancel the Policy We will write to You at Your address shown in Our records.
Unless expressly stated in this insurance, nothing in this insurance will create any rights in favour of any person pursuant to the Contracts'(Rights of Third Parties) Act 1999.
If We or any Insured Person fail to exercise or enforce any rights conferred on them by this insurance, the failure to do so will not be deemed to be a waiver, nor will it be the exercise or enforcement of, such rights at any subsequent time.
We reserve the right, at Our own expenses, to take proceedings in the name of the Insured Person to recover any payment made under this Policy. If an Insured Person recovers Costs and Expenses previously paid under this Policy such Costs and Expenses must be immediately repaid to Us.
This Policy is subject to the law applicable to Your Business being registered in the United Kingdom.
This insurance is between and binding upon Us and You and their respective successors in title, but this Insurance may not otherwise be assigned by You without Our prior written consent
If You need to contact Us or need to make a claim You can:
If there is a claim, which is covered by the Policy We will then send the Insured Person a claim form to be completed and returned to Us.
If the claim Is reported to Us during the Period of insurance and is accepted and Reasonable Prospects exist, the claim will be handled by Our specialist claims unit or We will Instruct an Appointed Representative or other suitably qualified representatives to act on behalf of the Insured Person. Please note that
Our aim is to provide a first cIass standard of service at all times.
If You feel that You have been let down and You wish to raise a Complaint about the sale of this Policy, please contact Your insurance adviser.
If You feel that We have let You down and You wish to raise a complaint, please contact Us by telephone on 0161 603 2230, by email to complaints@financialandlegal.co.uk or in writing to Financial & Legal Insurance Company Limited, No. 1 Lakeside, Cheadle Royal Business Park, Cheadle, Cheshire SK8 3GW. Please quote the Certificate number on Your Certificate of Insurance on all correspondence.
Our staff will attempt to resolve Your complaint within 3 business days of receipt and a summary resolution communication letter will be sent to you. Where this is not possible, We will acknowledge Your complaint promptly. If the complaint is not resolved within 4 weeks of receipt, We will write to You and let You know what further action We will take. A final response letter will be issued within 8 weeks of receipt.
If, upon receipt of Our letter in response to Your compIaint You remain dissatisfied, You may refer Your Complaint to the Financial Ombudsman Service. You can contact the Financial Ombudsman Service at: Exchange Tower, London, E14 9SR.
The use of these facilities does not affect Your right to take legal action.
Arkwright Insurance Brokers Limited and Financial & Legal Insurance Ltd are the Point Data Controllers and under this section We/Us/Our incIudes Arkwright Insurance Brokers Limited.
Information may be used by Us, agents and service providers for the purposes of insurance administration, underwriting, claims handling or for statistical purposes. The lawfuI basis for the processing is that it is necessary for Us to process Your personal information to enable the performance of the Insurance contract, to administer Your policy of Insurance and/or handle any insurance claim You may submit to Us under this policy. The processing of Your personal data may also be necessary to comply with any Legal obligation We may have and to protect Your interest during the course of any claim.
What we process and share.
The personal data You have provided, We have collected from You, or We have received from third parties may include
We may receive information about You from the following sources:
We will not pass Your information to any third parties except to enable Us to process your claim, prevent fraud and comply with legal and regulatory requirements: In which case We may need to share Your information with the following third parties within the EU:
We will not use Your information for marketing further products or services to You or pass Your information on to any other organisation or person for sales and marketing purposes without Your consent.
Data Retention
We will hold Your details for up to seven years after The expiry of Your policy, complaint and/or claims settlement.
Your rights
Your personal data is protected by legal rights, which include Your rights to:
You can request to see what data We hold on You, there is no charge for this service.
If You have any questions about Our privacy policy or the Information, We hold about You please contact Us.
Armour Legal is an entity of Arkwright Insurance Brokers Limited. The insurance is administered by Arkwright Insurance Brokers Limited authorised and regulated by the Financial Conduct Authority (Reg No. 434855). Registered Office: 115 Blackburn Road, Bolton, BL1 8HF. Registered In England No. 5479162.
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