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2.3.1 Scope of benefits in Germany (A), Legal Expenses Insurance, Premium
Clause 2.3.1, Scope of benefits in Germany (A), from Legal Expenses Insurance, Premium, ARB WRS Premium (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:
2.3.1.1 To enable you to settle a conflict by agreement, we bear the reasonable costs of a mediator proposed by us, up to 10,000 euros per mediation. (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 with the parties present, by telephone or online. If persons who are not insured take part in the mediation, we bear the share of the costs attributable to you and to co-insured persons (example: you and your spouse have a conflict with a third party. The mediator's costs are shared equally between the parties. We bear the costs attributable to 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 mediator's work. The exclusions of risk 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 arising as a result. Nor do we bear additional costs resulting from a change of lawyer). We reimburse at most the statutory remuneration of a lawyer who is or would be resident at the place of the competent court. The statutory remuneration is governed 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, where the visit is necessary because of special circumstances (mobile lawyer: for example in case of illness, accident, being indispensable at your company). We reimburse the travel costs and absence allowances up to the rates applicable 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 merely 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 up to the same amount. This applies only to the first instance. Exception: in criminal legal expenses cover 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 necessary travel costs actually incurred to the competent court, where you must appear there as the accused or as a party. The costs are borne up to the rates applicable to business trips of German lawyers.
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