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Home Insurance & Pensions Solvency II Directive

Chapter II · Provisions specific to non-life insurance  ›  Section 4 · Legal expenses insurance › Article 202

Exception to the free choice of lawyer

1.   Member States may provide for exemption from Article 201(1) for legal expenses insurance if all the following conditions are met:

(a)

the insurance is limited to cases arising from the use of road vehicles in the territory of the Member State concerned;

(b)

the insurance is connected to a contract to provide assistance in the event of accident or breakdown involving a road vehicle;

(c)

neither the legal expenses insurance undertaking nor the assistance insurer carries out any class of liability insurance;

(d)

measures are taken so that the legal counsel and representation of each of the parties to a dispute is effected by wholly independent lawyers where those parties are insured for legal expenses by the same insurance undertaking.

2.   An exemption granted pursuant to paragraph 1 shall not affect the application of Article 200.

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