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3.2 Exclusions of content, Legal Expenses Insurance, Premium
Clause 3.2, Exclusions of content, 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:
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 caused by fracking or by emissions caused by this process, mining damage and impairments caused by mining related emissions (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, a structural alteration of a plot of land, building or part of a building that requires a permit or notification. 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 other party 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 on the basis of the hire contract under contract legal expenses cover.) German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.
3.2.4 Disputes arising from collective labour or service law (for example co-determination rights in companies and establishments).
3.2.5 Disputes arising from the law of commercial partnerships and companies or from the employment relationships of legal representatives of legal persons (for example managing directors of a GmbH or board members of a public limited company).
3.2.6 Disputes causally connected with patent rights, copyright, trade mark rights, registered design or utility model rights or other intellectual property rights.
3.2.7 Disputes arising from cartel law or other competition law.
3.2.8: same wording in Legal Basis, clause 3.2
3.2.10 Disputes in the area 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 on adjoining owners. Exception: The matter concerns recurring charges levied for supplying the land with utilities.
3.2.13: same wording in Legal Basis Plus, clause 3.2
3.2.14: same wording in Legal Basis, clause 3.2
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 application for insolvency).
3.2.16: same wording in Legal Basis, clause 3.2
3.2.17 Regulatory offence or administrative proceedings are conducted against you because of a stopping or parking offence. Exception: this does not apply to a stopping or parking offence committed in Germany where the German Fines Catalogue Ordinance (BKatV) provides for the entry of points in the Central Traffic Register for it.
3.2.18 There are disputes between you and other policyholders of the same insurance contract, German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. brought by co-insured persons against you, between co-insured persons.
3.2.19 Disputes between other partners (unmarried and unregistered partners of whatever sex) where these disputes are causally connected with the partnership. This also applies if the partnership has ended.
3.2.20 Claims or liabilities are transferred to you or have passed to you after an insured event has already occurred. (Example: your work colleague has a traffic accident and transfers 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 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 contract with the boat seller. Disputes arising from the surety 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. If this only becomes known later, you are obliged to repay the benefits we have provided.
3.2.23 to 3.2.24: same wording in Legal Basis, clause 3.2
3.2.25 Disputes in proceedings in the area of asylum, aliens and migration law, and in the area of the law on securing a livelihood.
3.2.26 Disputes in proceedings on the allocation of university places.
3.2.27: same wording in Legal Basis, clause 3.2
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