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Part 2 · Individual classes of insurance  ›  Chapter 2 · Legal expenses insurance › Section 128

Procedure for calling in an expert opinion

In the event that the insurer denies his or her liability because defence of the legal interests does not have sufficient prospects of success, or is wanton, the contract of insurance must provide for a procedure to call in an expert opinion, or for another procedure with comparable guarantees of impartiality in which a decision can be taken regarding the differences of opinion between the parties concerning the prospects of success or the wantonness of prosecution. The insurer draws the policyholder’s attention to this fact when denying his or her obligation to effect payment. If the contract of insurance does not provide for any such procedure, or the insurer fails to provide this information, the policyholder’s need for legal protection is deemed to have been acknowledged in individual cases.

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