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

We cannot reimburse the following costs:

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

3.3.2: same wording in Legal Basis Plus, clause 3.3

3.3.3 You also reach agreement on undisputed or uninsured claims. In this case we do not pay the costs attributable to them. (The German original has no clause 3.3.4; it moves directly from 3.3.3 to 3.3.5.) 3.3.5 Costs of enforcement measures (for example: costs of a bailiff) German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.  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: same wording in Legal Basis, clause 3.3

3.3.7 Costs that another party would be obliged to bear if the legal expenses insurance contract did not exist.

3.4 Refusal of cover for lack of prospects of success or for wilfulness / 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, 2.2.3 and 2.2.4 has no sufficient prospect of success, or 3.4.1.2 you wish to pursue your legal interests wantonly. Wilfulness 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 delay, stating our reasons. (“Without 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 ask the lawyer acting for you, or still to be instructed, to 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 it obviously deviates considerably from the actual factual or legal position.

3.4.3 So that the lawyer can give the opinion, you must inform them fully and truthfully about the facts. You must also state the evidence. If you do not comply with these obligations, your cover lapses. 4 What must you observe? (A)