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AMS “Crusader” POLICY.

CONSUMER ADVICE SERVICE.

The Consumer Advice Service may be used to discuss any private legal problems – simply telephone 01732 770496 and ask for the AMS Crusader Consumer Advice Line. AMS Advisers are here to help you, so feel free to call AMS as often as you need. In particular, if you are proposing to take any action concerning a matter which may result in a claim, you must contact the AMS Crusader Consumer Advice Line first. AMS can help you with correspondence or put you in touch with their Authorised Representatives.

CLAIMS PROCEDURE.

Potential claims must be notified as soon as possible to the AMS Crusader Consumer Advice Line – by telephone and confirmed by completing a claim form, which AMS will send to you. Claims must be notified within 60 days of the insured event. Professional costs and expenses incurred prior to AMS agreeing in writing to accept your claim are not covered.

DEFINITIONS.

1)  The Member: The person detailed as the policy holder in the AMS Membership Policy and shall include the member’s spouse and family members normally resident with the Member.

2)  The Policy: The valid documentation given to the Member as evidence of this insurance and entitlement to the services described as AMS Crusader.

3)  Period of Cover: 365 days from the date shown on the declaration form completed by the member’s insurance agent.

4)  Territorial Limits: United Kingdom Only.

5) Authorised Representatives: The solicitors, legal advisors or other professional advisors appointed by AMS.

6) Legal Costs: Any reasonable costs, excluding disbursements, incurred by the Authorised Representative with the prior authority of AMS, subject to the terms, conditions and exclusions contained within this Policy, as well as civil costs incurred by other parties for which you are held liable by a court or tribunal.

7)  Small Claims Arbitration: Legal advice and assistance shall be provided for claims falling within Small Claims Arbitration limits but the cover will be restricted to unrecovered Court fees. Moreover the appointment of a solicitor will be solely at the discretion of AMS.

8)  Conditional Fee Agreements: The Authorised Representative shall be entitled to charge a Success Fee as defined in the Law Society’s standard Conditional Fee Agreement and such Success Fee shall not form part of the legal costs for the purposes of this agreement.

9) Reasonable Prospects of Success: Means that in the opinion of the Authorised Representatives there are reasonable prospects of succeeding in the claim for compensation or damages (or defending a claim) and in the recovery of Legal Costs incurred in making or defending such claim. PROVIDED THAT if there are not reasonable prospects of recovering such Legal Costs then approval to pursue (or defend) the claim may be given upon written agreement of the Member to reimburse any unrecovered Legal Costs out of the compensation or damages recovered.

10) Limit of Indemnity: The sum specified as the limits of indemnity for each class of insured incident in clause 11 below is the maximum AMS will pay in respect of each insured incident.

11)  Insured Incidents: Provided the Member has notified AMS of an insured incident within 60 days of its occurrence within the period of insurance and that the Authorised Representatives have advised AMS that there are Reasonable Prospects of Success of the claim for compensation or damages or defending such a claim (as the case may be), AMS will indemnify the Member against Legal Costs reasonably incurred in the following categories:

a) Personal Injury: The pursuit of claims by the Member for compensation for personal injury or death arising out of an accident other than one involving a motor vehicle driven by the Member or the pursuit of claims for compensation for personal injury or death arising out of an accident involving a motor vehicle where no other legal expenses insurance or similar benefits are in place, up to a maximum of £25,000.

b)  Consumer Disputes: The pursuit of a consumer dispute arising out of the purchase of goods, services or leisure activities for the private use of the member. At least £125, exclusive of VAT, must be in dispute. This is subject to a limit of indemnity of £1,000 per insured incident.

c)  Property Disputes: The pursuit of civil claims relating to the Member’s principle place of residence excluding boundary disputes, subject to a limit of indemnity of £1,000 per insured incident.

d) Employment: The pursuit of claims arising out of a contract of employment of the Member, subject to a limit of indemnity of £1,000 per insured incident.

e) Defence against Criminal Prosecution: The defence of the legal rights of the Member, including appeal or defence or appeal against judgement, conviction or sentence in respect of any act or omission leading to criminal proceedings being brought against the Member, subject to a limit of indemnity of £1,000 per insured incident.

f) Defence against Civil Claims: The defence of claims for debt or in respect of the sale of goods by any person brought against the Member in the Member’s private capacity, excluding claims arising out of commercial contracts involving any trade or business carried out by the Member, subject to a limit of indemnity of £1,000 per insured incident.

 GENERAL CONDITIONS.

This Policy is governed by English Law.

 CLAIMS PRESENTATION AND CONTROL. 

1)  Potential claims must be notified to the AMS Crusader Consumer Advice Line as soon as possible by telephone on 01732 770496 and the Member must follow the advice given by AMS.

2) AMS will send the Member an incident report form which the Member must complete giving a truthful account of the facts of his/her claim, indicating any potential witnesses, and any documentary or other evidence of which he/she is aware and return it to AMS within seven days of receipt.

3)  The Member shall pay the excess of £100 to AMS on settlement.

4) The Member shall at all times co-operate with AMS and must reply promptly to all correspondence connected with the claim.

5) AMS reserves the right to take over and conduct the proceedings in the name of the Member through its own employees, agents, solicitors or accountants.

6) The Member may notify AMS of the person or firm, which he/she wishes to act for him/her. The Authorised Representative will be appointed in the name of and on behalf of the Member. However, AMS can accept or refuse a nomination without giving reason.

7) AMS must have direct access at all times to the instructed Authorised Representative who must agree in advance to:

i) Provide AMS with their opinion on the prospects of success of the Member’s claim or defence and an estimate of the total costs likely to be incurred in the claim or defence with details of their charging.

ii) Keep AMS advised fully and promptly on the progress of a case, of any change in their views of success, their estimate of costs during proceedings and of all payments made into court.

 If the authorised representative does not comply with these requirements all liability under this Policy shall cease. 

8) AMS will meet the Authorised Representative’s costs and expenses of dealing with the proceedings which have been agreed in advance by AMS as to both amount and purpose and while prospects of success in the proceedings remain reasonable and not otherwise, subject to a limit of indemnity.

9)  If prospects of success are reasonable, but AMS and the Authorised Representative cannot agree on estimates of cost or on incurred costs either at the start of the proceedings or subsequently, AMS may transfer the conduct of the proceedings to another Authorised Representative of its choice.

10)  The Member shall, if so requested by AMS, instruct the Authorised Representative to submit their bill of costs for taxation by the Court for Certification by the appropriate body.

11)  The Member shall, whenever reasonably possible, attempt to recover costs from a third party and shall instruct the Authorised Representative accordingly.

12)  If at any time AMS considers that the Member’s prospects of success in the proceedings are insufficient, or that the interests of the Member can better be achieved by other means, AMS shall provide the Member with a written explanation of its decision. The underwriters shall then be under no further liability to indemnify the insured in respect of the case.

13)  If the Member disagrees with this decision, the dispute must be resolved in accordance with the provision of this policy. 

EXCLUSIONS. 

1) AMS shall not be obliged to confirm cover in respect of any claim where an insured incident occurred outside the period of cover specified in this Policy. For the avoidance of doubt, the date of the event giving rise to the claim shall be the date upon which the incident or injury occurred, or in the event of a continuing dispute, the date upon which the Member should in the opinion of AMS first have realised that there was a dispute.

2)   No claim for professional costs, disbursements or expenses of any kind will be covered until and unless AMS have provided written confirmation of a claim under this policy.

3)  The Policy does not cover:-

a) Any litigation outside the Territorial Limits or in respect of an insured incident outside the Territorial Limits.

b)  The first £100.00 of any claim, except in Small Claims Arbitration cases where AMS will pay any unrecovered issue fee.

c) The payment of legal costs of a claim falling within the small claims arbitration limit where AMS shall provide legal advice and assistance and the payment of any unrecovered Court fee.

d) Claims where the Member fails to give proper instructions, causes delays or give reasonable assistance to AMS or the Authorised Representative or pursues or defends a case without the agreement or in a manner different from or against the advice of either AMS or the Authorised Representative.

e) Claims where the Member is responsible for anything which, in the reasonable opinion of AMS, prejudices his/her prospects of success in the prosecution defence of the proceedings.

f) Claims where the Member fails to provide evidence of information reasonably required by AMS to establish whether support can be provided for the Member under their Membership and the terms of this policy.

g)  Claims where the Member is responsible for anything which in the reasonable opinion of AMS prejudices the Underwriter’s position in respect of the proceedings.

h)  Claims arising from any deliberate criminal act or omission of the Member.

i)  Claims where the details of a claim are reported to AMS more than 60 days after the insured incident.

j)  Claims made by or against a Member against or by AMS or their Underwriters.

k)   Claims where the Member had a pre-existing policy which would have provided cover if this insurance was not in place.

l)  Claims relating to computer software.

m)  Claims involving legal proceedings between the Member and any government, public or local authority.

n)  Claims involving planning law including Town & County Planning Legislation.

o)  Claims in respect of the pursuit or defence of proceedings relating to libel, slander or malicious falsehood.

p) Claims involving divorce, judicial separation, matrimonial matters in proceedings including financial ancillary relief, custody, access, parental responsibility and contact, cohabitation or affiliation.

q)   Claims by a Member against a Member of the Member’s family or a person living with the Member.

r)   Claims arising from a motoring prosecution, where the Member did not hold or was disqualified from holding a licence to drive.

s)  Claims in respect of fines, damages or other penalties.

t) Claims in respect of any matter arising from or relating to any business or trading activity or venture for gain undertaken by the Member with the exception of legal proceedings arising from the Member’s contract of employment as stated in this Policy.

u)  Claims arising from any consequence of war, invasion, act of foreign enemy, hostilities (whether or not declared), civil war, rebellion, revolution, insurrection or military or usurped power, confiscation, requisition or damage to property under the authority of any government, public or local authority.

v)       Claims arising from expense, consequential loss or damage to property directly or indirectly caused or contributed to, by or arising from;

        i) Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the      combustion of nuclear fuel.

        ii) The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

 DISPUTES.

In the event of a dispute that cannot be resolved, the Member may ask for the dispute to be referred to a single arbitrator who shall be either a solicitor or barrister agreed upon by both parties. If agreement cannot be reached, one who is nominated by the president of the Law Society? All costs shall be met in full by the party against whom the decision is made.

 CLIENT SATISFACTION.

At AMS, client satisfaction comes first, but, if you have a complaint, please write to the Manager of the Department concerned, quoting your full reference number. Usually the matter will be speedily resolved but, if you are not satisfied, then please contact The Managing Director, Accident Management Solutions Limited, 88 Priory Street, Tonbridge, Kent, TN9 2AH, telephone 01732 367667. 

Underwritten by Trenwick International Ltd,

Underwriters at Lloyds.