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2.3.1 Scope of benefits in Germany (A), Legal Expenses Insurance, Basis

Clause 2.3.1, Scope of benefits in Germany (A), from Legal Expenses Insurance, Basis, ARB WRS Basis (1-2025nam).

German law applies; only the German wording is binding.

This English text is a courtesy so you can read what you buy, not a contract document.

Where the two differ, the German text decides:

read Legal Basis 2.3.1 in German.

2.3.1.1 To enable you to settle a conflict by agreement, we bear the reasonable costs, up to 10,000 euros per mediation, of a mediator proposed by us. (Mediation is a confidential and structured procedure in which parties, with the help of a mediator, voluntarily and on their own responsibility seek to settle their conflict by agreement.) The mediation may take place in the presence of the parties, by telephone or online. If persons who are not insured take part in the mediation, we bear the proportion of the costs that falls on you and on co-insured persons (example: you and your spouse have a conflict with a third party. The costs of the mediator are split equally between the parties. We bear the costs that fall on you and your spouse. The third party must pay their share of the costs, that is, 50 per cent, themselves). We are not responsible for the work of the mediator. The risk exclusions under clause 3.2 do not apply.

2.3.1.2 The remuneration of a lawyer who represents your interests. (If you instruct more than one lawyer, we do not bear the additional costs that arise from this. Nor do we bear additional costs because of a change of lawyer.) We reimburse at most the statutory remuneration of a lawyer who is or would be based at the place of the competent court. The statutory remuneration is determined by the German Lawyers' Remuneration Act (RVG). We also bear the travel costs and absence allowances for a visit to you by the lawyer acting for you up to a distance of 100 kilometres, if the visit is necessary because of special circumstances (mobile lawyer: for example in the event of illness, accident, being indispensable at the company). We reimburse the travel costs and absence allowances up to the rates that apply to business trips of German lawyers. Do you live more than 100 km in a straight line from the competent court? Then we bear further lawyer's costs, namely up to the statutory remuneration of a lawyer who only conducts the correspondence with the lawyer at the place of the competent court (a so called correspondence lawyer). Alternatively, we bear travel costs and absence allowances of the lawyer acting for you in the same amount. This applies only to the first instance. Exception: in criminal and regulatory offences legal expenses cover we do not bear these further costs. Do you live more than 50 kilometres in a straight line from the competent court? Then, in your court dispute, we additionally bear the travel costs to the competent court actually and necessarily incurred, if you have to appear there as the accused or as a party. The costs are borne up to the rates that apply to business trips of German lawyers.

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