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More About Conditions |
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1. We can attempt to settle any claim prior to the appointment of Solicitors or the issue of legal proceedings.
2. We can take over conduct, settlement or the defence of any claim at any time in the name of the Insured Person.
3. We can issue proceedings for Our benefit in the name of the Insured Person to recover any payments We have made under this insurance.
4. If We consider that it is appropriate to issue legal proceedings We shall nominate a Solicitor to act on behalf of the Insured Person. The Insured Person may nominate a Solicitor of their own choice however such Solicitor
must agree to submit full details of their experience and expertise and must agree to work to Our standard terms and conditions appointment for Solicitors.
In the event that we cannot agree such nomination the Insured Person will have the right to arbitration as set out in the conditions of this insurance.
5. We have the right to withdraw indemnity under this insurance if the Insured Person is declared bankrupt, goes into liquidation (voluntary or otherwise) appoints a receiver or has a receiver appointed.
6. We may cancel this insurance by giving the Insured 7 days notice in writing by recorded delivery to the Insured’s last known address.
7. We may at our discretion discharge all Our liabilities to the Insured Person by paying a sum equal to that claimed subject always to such sum not exceeding the Limit of Indemnity.
8. The Insured and/or the Insured Person must:
a) Report all claims to Us without delay.
b) Take all reasonable steps to minimize any amount claimed from the Defendant.
c) Co-operate with Us at all times and forward any communications received in connection with an Insured Incident to Us without delay and supply Us with any information We require.
d) Co-operate with the appointed Solicitor including giving such instructions as We require and keep the Solicitor and Us fully informed of any developments or material changes in circumstances that may affect the progress or settlement of the claim.
e) Advise Us immediately of any offers of payments or other services made to settle the claim.
f) Not accept any offer of payment or enter into settlement negotiations without Our express agreement, such agreement will not be unreasonably withheld.
g) Instruct the Solicitor to have the Legal Costs and Expenses assessed, taxed or audited if We request such action be taken. h) Co-operate fully with Us to assist Us to recover any Legal Costs and Expenses that we have had to pay on Your behalf that have been reasonably incurred in connection with the pursuit of the claim. i) Adhere to and observe the conditions of this insurance at all times.
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More About Conditions
9. If the Insured Person makes any claim under this policy which is fraudulent or false in any way or where there is collusion between the Insured Person and the Defendant this policy shall be declared void.
10. In the event of a dispute arising between You and Us, You may ask for the dispute to be referred to an independent arbitrator who is acceptable to both parties. In the event that such an arbitrator cannot be agreed upon an arbitrator will be nominated by the President of the Bar Council and the decision will be binding upon both parties and the cost of the arbitration will be borne by the losing party.
11. Co-operate fully with Us and the Solicitor in any action or issue of legal proceedings that may be necessary to enforce any rights or remedies that We become or may become entitled to under subrogation upon Us paying or becoming liable to pay any losses under this policy.
12. The contract of insurance evidenced by this certificate will at all times be governed by English Law.
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