Legal Costs

Civil action Any civil action by you or against you

Criminal charge Defence of any criminal charge against you excluding a fine or bail that is levied against you

Labour relations Any legal action by you or against you, in a labour court

Family matters Any legal action relating to family matters such as divorce, custody or maintenance

What is not covered under Legal costs?

Matters where no provision is made for legal action, such as:

–              adoption, servitude, or the declaration of rights

–              administration of estates, or the drafting of legal contracts and appeals

–              debt counselling

 Business activities

–              your business or occupation

–              the renting or letting of property

 The following legal actions

○ copyright, patents, and similar rights

○ civil action by you against your attorney in his professional capacity

○ civil action between the holders of this policy as listed in the Schedule, except when this involves a family matter

○ any action involving us (Hollard)

○ any traffic offence that can be settled by an admission of guilt

○ any action involving an insurance excess

○ application procedures and ex part applications

○ any action outside South Africa

○ any action that occurred before this cover started. With regards to family matters this would include separation,

    maintenance orders or restraining orders

○ any matter where we do not believe there is a reasonable prospect of success

What is your responsibility?

Report claims immediately

As soon as you become aware of the theft of your identity or any other claim, you must take all necessary steps to limit the damage. Tell us right away, report it to the police, alert your creditors and follow the advice given to you by your legal advisers.

Use our preferred legal adviser

We strongly recommend that you use our preferred legal advisers. However, if we agree you may use your own legal advisers, you are responsible for any differences in the fees charged.

Act in time

You must avoid delays by giving timely and appropriate instructions to the legal advisers. If not, your claim may be rejected.

Listen to your legal advisers

You must follow the professional advice given to you by the legal advisers, or your claim may be rejected.

Use the Small Claims court where appropriate

If a claim is within the jurisdiction of the Small Claims court, it must be heard there.

Do not incur costs without our consent

You must obtain our consent before incurring any legal costs or expenses; otherwise, your claim may be rejected. Therefore you must send all bills or estimates to us for approval.

Return all recoveries to us

In any legal action that you undertake, you may succeed in recovering costs and expenses from the other party. These are known as recoveries and must be returned to us.

Tell us about any additional insurance

You must tell us about any additional insurance that you may have for legal costs and expenses, or your claim may be rejected.