3.3 Limitation of our obligation to pay, Legal Expenses Insurance, Basis

We cannot reimburse the following costs:

3.3.1 Costs that you have assumed without being legally obliged to do so.

3.3.2 Costs that arose in an amicable settlement and that do not correspond to the ratio of the result you sought to the result achieved. (Example: you claim damages of 10,000 euros. In a settlement with the opponent you obtain an amount of 8,000 euros, that is, 80 per cent of the result sought. In this case we bear 20 per cent of the costs incurred, namely for the part that you were unable to enforce.) This relates to the total costs of the dispute. Exception: a different allocation of costs is prescribed by law.

3.3.3 You also reach agreement on undisputed or uninsured claims. In this case we do not pay the costs attributable to them.

3.3.5 (The German original has no clause 3.3.4; the numbering jumps from 3.3.3 to 3.3.5.) Costs of enforcement measures (for example: costs of a bailiff)  that arise from the fourth or any further enforcement measure per enforceable title,  that are initiated later than five years after the enforceable title became final ("enforceable titles" are for example an enforcement order and a judgment).

3.3.6 Costs of proceedings for the enforcement of sentences of any kind in which the court imposed a fine or regulatory fine of less than 250 euros.

3.3.7 Costs that another person would be obliged to bear if the legal expenses insurance contract did not exist. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.

3.4 Refusal of cover because of insufficient prospects of success or because of wantonness, binding opinion procedure (Stichentscheid) 3.4.1 We may refuse cover if, in our view, 3.4.1.1 the pursuit of your legal interests under 2.2.1, 2.2.2 and 2.2.3 has no sufficient prospect of success, or 3.4.1.2 you wish to pursue your legal interests wantonly. Wantonness exists where the costs likely to be incurred are grossly disproportionate to the success sought. In this case we cannot pay, because the legitimate interests of the community of insured persons would be impaired. In both of these cases we must notify you of the refusal in writing without undue delay, giving reasons. ("Without undue delay" does not necessarily mean "immediately", but "without culpable hesitation, that is, as quickly as reasonably possible".) 3.4.2 What happens if we refuse an obligation to pay under 3.4.1 and you do not agree? In this case you may have the lawyer acting for you, or still to be instructed, give a reasoned opinion on the following questions:  Is there a sufficient prospect of success, and  is the enforcement of your legal interests in reasonable proportion to the success sought? We bear the costs of this opinion. The lawyer's decision is binding on you and on us, unless this decision obviously deviates considerably from the actual factual or legal situation.

3.4.3 So that the lawyer can give the opinion, you must inform him fully and truthfully about the facts. You must also state the evidence. If you do not comply with these obligations, your cover lapses.