Legal protection insurance
September 5, 2010 | 25,00 EUR | answered by Tobias Rösemeier
Dear Sir or Madam,
I have a legal dispute in the Dominican Republic for which my legal expenses insurance does not want to provide coverage. Therefore, I have hired a lawyer in Germany to sue the insurance company for the procedural costs. I have attached the case description from the Dominican Republic as attachment No. 1 and the insurance policy as attachment No. 2.
My question is: does the legal expenses insurance have to cover the costs of the German lawyer that I have commissioned for suing the insurance company for the procedural costs of the case from the Dominican Republic, even though the lawsuit is directed against the insurance company itself?
Dear inquirer,
I will answer your question taking into account the facts you have provided, noting that no attachments were included for reference.
For a cost coverage lawsuit against the defendant legal expenses insurance, the insurance company is not obligated to cover the costs. There is no indemnification claim by the policyholder against the insurer if the former sues the latter for performance and incurs costs for engaging a lawyer.
This is based on the legal expenses insurance terms and conditions of your insurer. Cost coverage for such a proceeding is excluded.
I hope this helps.
Best regards,
Tobias Rösemeier
-Attorney-at-law-
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