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3.2 Exclusions as to content, Legal Expenses Insurance, Basis
Clause 3.2, Exclusions as to content, 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:
In the following cases you have no cover:
3.2.1 Any pursuit of interests causally connected with war, hostile acts, riot, civil unrest, strike, lockout or earthquake, nuclear damage and genetic damage. This exclusion does not apply to damage from medical treatment, damage to health and damage to land, buildings or parts of buildings caused by fracking or by emissions caused by this process, mining damage and impairments caused by mining related immissions (these are effects such as vibrations) on land, buildings or parts of buildings.
3.2.2 Any pursuit of interests causally connected with the purchase or sale of a plot of land that is to be built on; the purchase or sale of a building or part of a building that you or co-insured persons do not use yourselves for residential purposes; the planning or construction of a building or part of a building that is in your ownership or possession or that you wish to acquire or take possession of; the structural alteration, subject to approval or notification, of a plot of land, a building or part of a building. This plot of land, building or part of a building is in your ownership or possession, or you wish to acquire it or take possession of it. You also have no cover for the financing of any of the projects named under 3.2.2.
3.2.3 You wish to defend against claims for damages. (Example: you have a traffic accident and the opponent wants damages from you. This is insured not under legal expenses insurance but under liability insurance.) 3.2.4 Disputes arising from collective labour or civil service law (for example co-determination rights in companies and establishments).
3.2.5 Disputes arising from the law of commercial companies or from employment relationships of legal representatives of legal persons (for example the managing director of a GmbH or the members of the management board of an Aktiengesellschaft).
3.2.6 Disputes causally connected with patent, copyright, trade mark, registered design or utility model rights or other intellectual property rights.
3.2.7 Disputes arising from cartel law or other competition law. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.
3.2.8 Disputes causally connected with the acquisition, disposal, management and financing of capital investments. Excepted from this are: goods for your own use or consumption 3.2.9 Disputes causally connected with the granting of loans, gaming or betting contracts, prize notifications.
3.2.10 Disputes in the field of family law, civil partnership law and inheritance law.
3.2.11 You wish to take action against us or our claims settlement company.
3.2.12 Disputes concerning the tax valuation of land, buildings or parts of buildings, development charges and other charges levied on adjoining owners. Exception: The charges concerned are recurring charges levied for the supply of services to the land. (The German original reads "Es handelt sich umlaufend erhobene Gebühren"; a word is missing, the sense of "um laufend" is rendered here.) 3.2.13 Disputes causally connected with deleted content on social media and on online platforms of which you are or are alleged to be the author.
3.2.14 You pursue your legal interests before constitutional courts, or before international or supranational courts (for example the European Court of Justice).
3.2.15 Any pursuit of interests causally connected with insolvency proceedings that have been opened or are to be opened over your assets (for example: compulsory auction of the watersports craft following your insolvency application).
3.2.16 Disputes in expropriation, planning approval and land consolidation matters, in matters governed by the German Federal Building Code (Baugesetzbuch).
3.2.17 Regulatory offence or administrative proceedings are conducted against you because of a stopping or parking violation. Exception: this does not apply to a stopping or parking violation committed in Germany if the German Fines Catalogue Ordinance (BKatV) provides for an entry of points in the central traffic register for it.
3.2.18 There are disputes between you and other policyholders under the same insurance contract, brought by co-insured persons against you, between co-insured persons.
3.2.19 Disputes between other partners (partners who are neither married nor registered, of whatever sex) if these disputes are causally connected with the partnership. This also applies if the partnership has ended.
3.2.20 Claims or liabilities are assigned to you or have passed to you after an insured event has already occurred. (Example: your work colleague has a traffic accident and assigns his claims for damages to you. You wish to assert German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. these against the other party to the accident. This is not insured.) 3.2.21 You wish to assert the claims of another person (example: you have a friend's claims for damages against a third party assigned to you in order to assert them. This is not insured.) or you are to answer for the liabilities of another person. (Example: your work colleague buys a watercraft. You stand surety for the loan agreement with the boat seller. Disputes arising from the contract of surety are not insured.) 3.2.22 In the areas of law under 2.2.1, 2.2.2 and 2.2.3 there is a causal connection with a criminal offence committed intentionally by you or by a co-insured person. If this becomes known only later, you are obliged to repay the benefits we have provided.
3.2.23 Any pursuit of interests causally connected with a planned or exercised commercial, freelance or other self-employed activity. Exceptions: in traffic legal expenses cover you have cover on journeys with the insured private watersports craft and motor vehicle with a boat trailer attached for the purpose of carrying on a commercial, freelance or other self-employed activity.
3.2.24 You wish to pursue interests in connection with the acquisition or disposal of part use rights (timesharing) in: land, buildings, parts of buildings.
3.2.25 Disputes in proceedings in the field of asylum law and the law on foreigners and migration, and in the field of the law on securing a means of subsistence.
3.2.26 Disputes in proceedings on the allocation of university places.
3.2.27 Disputes in administrative proceedings in connection with the granting or refusal of a subsidy in the commercial sphere.
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