GENERAL INCLUSIONS AND EXCLUSIONS

WHAT IS COVERED?

These are the legal costs and expenses, which include fees, costs, and disbursements reasonably, properly, and necessarily required by the insured, up to the limit of indemnity as specified in the schedule.

• Unlimited telephonic legal advice;
• Drafting of unlimited Letters of Demand per Annum;
• 24/7 Bail assistance;
• Drafting of standard legal agreements – We provide a fully customised agreement, ready for signature, not just an empty template;
• Administration of claims against the Road Accident Fund – We manage the process up to settlement. The client will receive 100% of the benefit (This is only for the Gold and Platinum Plans);
• Drafting of Last Will and Testament – we have no limits on the size of the estate. Any client of AVBOB will be eligible for this service. Furthermore, we do not retain the original Will. We merely request a copy once it has been signed to authenticate the validity of the Will. We can provide administration services for Deceased Estates, but it is completely up to the client to decide whether he/she decides to use these services or not;
• Legal Expenses cover per matter, up to the Limit of Indemnity:
  • Criminal Matters;
  • Civil matters, including damages to an uninsured vehicle, disputes with service providers, pothole damage, etc;
  • Internal and External Mediation;
  • Maintenance;
  • Labour;
  • Credit Disputes and Rescission of Judgement;
  • Motor Vehicle Accidents;
  • Insurance Disputes;
  • Evictions;
  • Body Corporate and/or Home Owners Association Disputes;
  • Divorce – Contested and Uncontested (up to R20 000), for main insured person only;
  • Identity Theft / Fraud: This benefit does not include reimbursement of any losses suffered as a result of the Identity theft/fraud;
  • Up to 40% discount on Transfer Costs, if the client uses an Attorney on our panel;
  • Up to 50% discount on the Executor’s fee for administering a deceased estate, if the client uses an Attorney on our panel;
  • Road Accident Fund legal representation;
  • Bail costs up to R5 000.

WHAT IS NOT COVERED / EXCLUSIONS THAT APPLY TO YOUR POLICY

EXPERT WITNESS FEES

We will not pay the fees of an expert witness unless we have given prior written approval of such appointment and the fee.

APPEALS AND REVIEWS

We will not cover the legal costs and expenses for any Appeal or Review proceedings in any Forum.

FRAUDULENT CLAIMS

There will be no cover in terms of this policy if you, or any person colluding with you, deliberately caused the insured event, loss, or damage. For any claims based on fraud, dishonesty, or any materially misleading statements that would have influenced the acceptance of this risk or the premium required or any claim that occurs as a result of misrepresentation. If we have compensated you for any claims that we later discover were based on fraud, dishonesty, or misrepresentation, we will declare the Policy void and will retain all premiums paid or payable. You will also have to pay back (refund) the amount of the compensation immediately when asked for it.

GENERAL EXCEPTIONS

We will not be liable for any claim:

• The facts of each claim are reviewed in terms of the cover afforded under this policy, and if such facts existed, with or without your knowledge, prior to the payment of your first premium and/or any waiting period that may be applicable] then there will be no cover in terms of this policy whatsoever.
• Any matter involving the pursuit of business or monetary gain, other than your income as an employee. This includes but is not limited to your conduct of a business, profession, or trade, acting as a landlord, or anything relating to patent, trademark, or copyright. This further includes your acts in any business as a director, public officer, agent, shareholder, partner, sole proprietor, or part owner. A criminal action arising out of the foregoing is also excluded.
• That must be litigated outside the borders of the Republic of South Africa.
• In respect of any criminal or civil matter where we decide that the matter has no prospects of success.
• Where you do not follow our instructions, or act differently to our advice and where, in our opinion, such action increases our risk.
• Where you failed to advise us within 30 days of any claim that could or did arise against you.
• In respect of any wilful or deliberate act committed by you with the intention of claiming against this policy.
• In respect of any matter which, in our opinion, is trivial or within the monetary jurisdiction of the Small Claims Court.
• In respect of any rights ceded, assigned, or delegated to you.
• Where the civil claim is based on an oral agreement and no written proof of the terms and conditions of the agreement can be provided.
• Any legal proceeding arising out of own motivation, e.g. variation of settlement agreements, sequestration, insolvency, etc.
• Debt Review or Administration, unless specifically included as a benefit as per your policy schedule.
• Any application to change Your personal status, your marital regime, or the status, zoning, or right of use of Your Permanent Residence;
• Where an insurer of your motor insurance repudiated a motor claim or refused indemnity under such motor policy. We may in our sole discretion decide to provide cover if we consider the repudiation to be manifestly unfair.
• In respect of any matter for which an admission of guilt fine has or may be levied.
• Where the claim has to be decided in the Constitutional Court.
• Where the claim is based on a class action.
• For any amounts payable by you or awarded against you in respect of the following:
  • Damages;
  • Interest;
  • Fines;
  • any other penalty;
  • any payment of debt.
• This policy of insurance and all actions, whether actual or contemplated, brought against the Guardrisk and/or Legal Guardians and /or AVBOB in respect of the policy by the Insured.
• where you would normally be covered by SASRIA. This includes civil commotion, labour disturbances, riots, strikes, lockouts, public disorder, or any act or activity which is calculated or directed to bring about such events. For additional information on SASRIA, kindly visit www.sasria.co.za.
• Caused directly or indirectly by any occurrence for which a fund has been established in terms of the War Damages Insurance and Compensation Act (No.85 of 1976) or any similar Act operative in the Republic of South Africa, to the extent that such a fund covers the legal cost and expenses.

IMPORTANT CONTACT INFORMATION

ADMINISTRATION CONTACT DETAILS

E-mail: admin@legalguardians.co.za

LEGAL GUARDIANS CONTACT DETAILS

24 Hour Line: 010 446 8449

WhatsApp: 073 673 6730

E-mail: info@legalguardians.co.za

If you are unsure about who to contact, send an email to avbob@legalguardians.co.za and we will direct you to the correct department.