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European Insurance and Occupational Pensions Authority

Exception to the free choice of lawyer

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TITLE II > CHAPTER II > SECTION 4

Article number:  202

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.

Metadata

RULEBOOK TOPIC:  SECTION 4 - Legal expenses insurance

RULEBOOK CATEGORY:  DIRECTIVE 138/2009/EC (SOLVENCY II DIRECTIVE)

Last update on:  03 May 2021