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3.2 Exclusions of content, Legal Expenses Insurance, Basis Plus
Clause 3.2, Exclusions of content, from Legal Expenses Insurance, Basis Plus, ARB WRS Basis Plus (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 commotion, strike, lockout or earthquake, nuclear damage and genetic damage. This exclusion does not apply to damage arising from medical treatment, damage to health and damage to land, buildings or parts of buildings as a result of fracking or of emissions caused by this process, mining damage and impairments to land, buildings or parts of buildings as a result of mining related immissions (these are effects such as vibrations). German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.
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, a structural alteration, subject to approval or notification, of a plot of land, 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 one 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 not insured under legal expenses insurance but under liability insurance.) Exception: the claim for damages is based on a breach of contract. (Example: the lessor of the hired watercraft demands damages because of late return. This is insured under contract legal expenses cover on the basis of the hire contract.) 3.2.4 Disputes arising from collective labour or civil service law (for example the law on co-determination in companies and businesses).
3.2.5 Disputes arising from the law of commercial companies or from employment relationships of legal representatives of legal persons (for example managing directors of a GmbH or members of the management board of a public limited company).
3.2.6: same wording in Legal Basis, clause 3.2
3.2.7 Disputes arising from antitrust law or other competition law.
3.2.8: same wording in Legal Basis, clause 3.2
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 against our claims handling company.
3.2.12 Disputes about the tax valuation of land, buildings or parts of buildings, development charges and other charges levied on adjoining owners. Exception: The matter concerns recurring charges levied for the supply of utilities to the property.
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 German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. 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 petition for insolvency).
3.2.16: same wording in Legal Basis, clause 3.2
3.2.17 Regulatory offence or administrative proceedings are brought against you because of a stopping or parking offence. Exception: this does not apply to a stopping or parking offence 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, of co-insured persons against you, of co-insured persons among themselves.
3.2.19 Disputes between other partners (unmarried and unregistered partners of whatever sex) among themselves where these disputes are causally connected with the partnership. This also applies when 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 these against the other party to the accident. This is not insured.) 3.2.21 You wish to assert another person's claims (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 another person's liabilities. (Example: your work colleague buys a watercraft. You act as guarantor for the loan contract with the boat seller. Disputes arising from the guarantee contract are not insured.) 3.2.22 In the areas of law under 2.2.1, 2.2.2, 2.2.3 and 2.2.4 there is a causal connection with a criminal offence committed intentionally by you or by a co-insured person. (The German original refers here to clause 2.2.2, which does not exist in this document.) If this only becomes known later, you are obliged to repay the benefits we have provided.
3.2.23 Any pursuit of interests causally connected with a planned or practised 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 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 time rights of use (timesharing) in: land, buildings, parts of buildings. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.
3.2.25 Disputes in proceedings in the field of asylum law and the law on foreign nationals and migration, and in the field of the law on securing a livelihood.
3.2.26 Disputes in proceedings concerning the allocation of university places.
3.2.27: same wording in Legal Basis, clause 3.2
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