Marine Insurance Cover: Legal Expenses and Repatriation Costs, Study notes of Marine Engineering

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Marine Legal

Expenses Insurance

Marine Legal Expenses Insurance

Marine Legal Expenses Policy Summary Some important facts about Your Marine Legal Expenses insurance policy are summarised below. This summary does not describe all the terms and conditions of Your policy, so please take time to read the policy document to make sure You understand the cover it provides. The insurance cover summarised in this document is provided by AmTrust Europe Limited, and administered on their behalf by Arc Legal Assistance Ltd. Your Legal Expenses cover attaches to and is valid for the same duration as the Pleasure Craft Insurance Policy with which it is provided. General: - There is no cover for any legal costs incurred by any solicitor other than Our panel solicitor prior to the start of legal proceedings unless a conflict of interest arises If legal proceedings are started or a conflict of interest arises and You appoint Your own solicitor to handle Your claim You will be required to pay the first £ 1 , 000 of any claim and We will not pay more than Our Standard Advisers’ Costs It is a condition of this insurance that there must be prospects of success in taking legal action before a claim for legal costs will be accepted There is no cover for: -

• claims which arise outside of the Territorial Limits
• costs incurred without our prior consent For full details of policy exclusions and conditions please refer to the policy wording What is covered Who is covered What is not covered How much is covered

Any financial losses incurred by You as a result of Identity Fraud other than Advisers’ Costs Any claims where You have not been the victim of Identity Fraud There is no cover for Repatriation Costs unless You have claimed under the policy to which this cover attaches for the repairs to the Vessel and that claim has been accepted £ 100 , 000 per claim with no annual limit £ 500 per claim up to a maximum of £ 500 per annum Section 4 : - Identity Fraud You are covered for legal costs to deal with organisations that have been fraudulently applied to for credit, goods or services in Your name or which are seeking monies from You as a result of Identity Fraud You are covered for legal costs incurred in liaising with credit referencing agencies and all other relevant organisations necessary on Your behalf to advise that you have been the victim of Identity Fraud You are covered for legal costs to defend Your legal rights and/or remove County Court Judgments against You that have been obtained by an organisation that alleges You have purchased, hired or leased goods or services from where You deny having entered in to the contract and allege that You have been the victim of Identity Fraud Section 5 : - Repatriation Costs You are covered for Repatriation Costs to return to the United Kingdom if the Vessel is damaged in an accident following a collision, impact, fire or flooding rendering it unseaworthy whilst the Vessel is outside of the UK You are covered for Repatriation Costs to travel from the UK to return to the Vessel whilst it is outside of the UK following repairs within 4 months of the date of the original accident which caused the Vessel to become unseaworthy The owner of the Vessel The owner of the Vessel and any authorised skipper, crew or guests What is covered Who is covered What is not covered How much is covered

Any Breakdown Costs incurred by You in repairing the mechanical breakdown Yourself Any Breakdown Costs arising from mechanical breakdown of the Vessel caused by the use of fuel containing FAME (fatty acid methyl ester) 200 per claim up to a maximum of £ 200 per annum Section 6 : - Breakdown Costs You are covered for Breakdown Costs that You have paid following a mechanical breakdown to the Vessel which renders it unseaworthy whilst away from the Vessels’ home berth 24 / 7 Assistance services

• Legal and Claims Advice Line
• Emergency Breakdown Technical Advice Line
• Health and Medical Information Service The owner of the Vessel What is covered Who is covered What is not covered How much is covered Cancellation rights (cooling off period) Within 14 days of receipt of insurance documentation You may cancel this policy if it does not meet Your needs. Subject to Your Pleasure Craft Marine insurance scheme administrators receiving Your written advice of this, they will issue a full return of premium, the policy will be regarded as not having been taken up by You and will be cancelled from inception. To make a claim As soon as You have a legal problem that You may require assistance with under this insurance You should telephone the 24 / 7 legal and claims advice line on 0344 770 1085 and quote “ Channel Insurance Brokers – Marine Legal Expenses ” Complaints If You are unhappy with the service that has been provided, You should contact Us at the address on the facing page. If You cannot settle your complaint with Us, You may be entitled to refer it to the Financial Ombudsman Service. For full details of Our complaints procedure and how to contact the Financial Ombudsman Service please see ‘Customer Service’ information at the end of this leaflet. Arc Legal’s contact details are: Arc Legal Assistance Ltd PO Box 8921 Colchester CO 4 5 YD Tel 01206 615000 Email customerservice@arclegal.co.uk Compensation We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if We or AmTrust Europe Limited are unable to meet our obligations. Your entitlement to compensation will depend on the circumstances of the claim. Further information about compensation scheme arrangements is available at http://www.fscs.org.uk/

Standard Advisers’ Costs The amount of Advisers’ Costs that would normally be incurred by Underwriters in using a nominated Adviser of Our choice. Territorial Limits Section 1 , 5 and 6 : The cruising range area shown in the policy to which this cover attaches Section 2 , 3 and 4 : Member states of the European Union. Vessel The Vessel insured under the policy to which this cover attaches and which has been declared to Us and for which the premium has been paid. Underwriters AmTrust Europe Limited.

Sections of Cover

Section 1 – Uninsured Loss Recovery and Personal Injury Pursuit What is covered You are covered for Advisers’ Costs to pursue damages claims following a collision, impact, fire or flooding causing damage to the Vessel against those whose negligence has caused Your injury or death or caused You to suffer uninsured losses. What is not covered There is no cover for Advisers’ Costs incurred in claims by You for Proceedings pursued against the owner or skipper of the Vessel or guests aboard the Vessel at the time of the Insured Incident. Section 2 – Contract Disputes What is covered You are covered for Advisers’ Costs to pursue Proceedings following a breach of a contract that You have entered into for buying goods for Your use in connection with the Vessel including the purchase of the Vessel if purchased brand new. You are covered for Advisers’ Costs to pursue Proceedings following a breach of a contract You have entered into for repairs to the Vessel. The Insured Incident must have commenced after the start of the Insured Period or the start of the first period of continuous legal expenses insurance held by You. What is not covered There is no cover for Advisers’ Costs where the legal jurisdiction of the contract is outside of the Territorial Limits. There is no cover for disputes arising prior to You taking delivery of the Vessel. Section 3 – Navigational Prosecutions What is covered You are covered for Advisers’ Costs to defend criminal prosecutions brought against You within a criminal court arising from the navigation of the Vessel. You will only be covered for pleas in mitigation where such a plea has a reasonable prospect of reducing any penalty that may be awarded against You. What is not covered There is no cover for Advisers’ Costs arising from allegations of dishonesty, violence, deliberate, reckless or intentional acts, or whilst being in control of the Vessel whilst under the influence of alcohol or drugs. There is no cover for damages, interest, fines or costs awarded against You. Section 4 – Identity Fraud What is covered You are covered for Advisers’ Costs incurred in dealing with organisations that have been fraudulently applied to for credit, goods or services in Your name or which are seeking monies from You as a result of Identity Fraud. You are covered for Advisers’ Costs incurred in liaising with credit referencing agencies and all other relevant organisations necessary on Your behalf to advise that You have been the victim of Identity Fraud. You are covered for Advisers’ Costs to defend Your legal rights and/or take reasonable steps to remove County Court Judgements against You that have been obtained by an organisation that You are alleged to have purchased, hired or leased goods or services from where You deny having entered in to the contract and alleges that You have been the victim of Identity Fraud. What is not covered Any financial losses incurred by You as a result of Identity Fraud other than Advisers’ Costs. Any claims where You are not the victim of Identity Fraud. Claims where the Identity Fraud has been committed by somebody You live with. Section 5 – Repatriation Costs What is covered You are covered for Repatriation Costs that You have paid to return to the United Kingdom (UK), Channel Islands (CI) or the Isle of Man (IoM) in the event that the Vessel is damaged

complete a claim form. If Your problem is not covered under this insurance, the advice line may be able to offer You assistance on a non-insured basis. You should telephone 0344 770 1085 and quote “ Channel Insurance Brokers – Marine Legal Expenses ” for assistance. Emergency Breakdown Technical Advice Line You should contact the 24 / 7 Breakdown Technical Advice Line following mechanical breakdown for advice on how to repair the mechanical problem. If the problem can not be fixed over the telephone, where available, assistance may be provided to attend to the Vessel and attempt to repair the breakdown. This is a technical helpline only – there is no insurance cover under this helpline for any costs associated with attending and repairing the Vessel and no guarantee that attendance to the Vessel will be available. If attendance to the Vessel is provided the costs will not be covered under this insurance other than where described in Section of Cover 6. If Section of Cover 6 does apply You will be responsible for paying any costs to the engineer and reclaiming these under the terms of this policy. In the event of attendance to the Vessel via this service You will be required to subscribe to an annual mechanical breakdown assistance contract with Sea Start Ltd. The costs of subscription is not covered under the insurance policy. To access this service telephone 0344 770 1081 and quote “ Channel Insurance Brokers – Marine Legal Expenses ” for assistance. Health and Medical Information Service You can access the 24 / 7 Health and Medical line to obtain information on general health issues, and non-diagnostic information on medical matters. Information can be given on a wide variety of topics and on resources that provide further support. To access this service telephone 0344 770 1036 and quote “ Channel Insurance Brokers – Marine Legal Expenses ” for assistance.

General Exclusions

1. There is no cover where: a) The Insured Incident began to start or had started before the Insured Period. b) You should have realised when buying this insurance that a claim under this insurance might be made. in an accident following a collision, impact, fire or flooding rendering it unseaworthy whilst the Vessel is outside of the UK, CI or IoM. You are also covered for Repatriation Costs that You have paid to travel from the UK, CI or IoM to return to the Vessel whilst it is outside of the UK, CI or IoM following repairs within four months of the date of the original accident which caused the Vessel to become unseaworthy. What is not covered There is no cover for Repatriation Costs unless You have claimed under the policy to which this cover attaches for the repairs to the Vessel and that claim has been accepted. Section 6 – Breakdown Costs What is covered You are covered for Breakdown Costs You have paid following a mechanical breakdown to the Vessel which renders it unseaworthy whilst away from the Vessel’s home berth. What is not covered Any Breakdown Costs incurred by You in repairing the mechanical breakdown Yourself. Any Breakdown Costs arising from mechanical breakdown of the Vessel caused by the use of fuel containing FAME (fatty acid methyl ester).

To Make a Claim

As soon as You have a problem that You may require assistance with under this insurance You should telephone the legal and claims advice line. In general terms, You are required to immediately notify Us of any potential claim or circumstance which may give rise to a claim. If You are in any doubt whether a matter constitutes a notifiable claim or circumstance, You should contact the legal and claims advice line for assistance.

Assistance services

Legal and Claims Advice Line You may use the 24 hour advisory service for telephone advice on any legal problem of concern relating to the Vessel or to report a claim under this insurance. Specialist lawyers are at hand to help. If You need a lawyer to act for You and/or You have any other problem which is covered under this insurance, the advice line will ask You to

f) Underwriters shall only be liable for costs for work expressly authorised by Us in writing and undertaken while there are reasonable prospects of success. g) You shall supply all information requested by the Adviser and Us h) You are responsible for any Advisers’ Costs if You withdraw from the Proceedings without Our prior consent. Any costs already paid by Us will be reimbursed by You.

3. Disputes Any dispute between You and Us shall be referred to an arbitrator who will be either a solicitor or a barrister. If the parties cannot agree on their choice of arbitrator the Law Society may be asked to make a nomination. The arbitration will be binding and carried out under the Arbitration Act. The costs of the arbitration will be at the discretion of the arbitrator.
4. Prospects of Success At any time We may, but only when supported by independent legal advice, form the view that You do not have a more than 50 % chance of winning the case and achieving a positive outcome. If so, We may decline support or any further support. Examples of a positive outcome are: a) Being able to recover the amount of money at stake b) Being able to enforce a judgement c) Being able to achieve an outcome which best serves Your interests.
5. English Law This contract is governed by English Law.
6. Language The language for contractual terms and communication will be English.

Data Protection Act

Your details and details of Your insurance cover and claims will be held by Us and/or the Underwriters for underwriting, processing, claims handling and fraud prevention subject to the provisions of the Data Protection Act 1998.

Customer Service

We aim to get it right, first time, every time. If We make a mistake, We will try to put it right straightaway. If You are unhappy with the service that has been provided, You should contact Us at the address below. We will always confirm to You, within five working days, that We have received Your complaint. Within four weeks You will receive either a final response or an explanation of why the complaint has not been resolved as yet plus an indication of when You will receive a final response. Within eight weeks You will receive a final response or, if this is not possible, a reason for the delay plus an indication of when You will receive a final response. After eight weeks, if You are unhappy with the delay, You may refer Your complaint to the Financial Ombudsman Service. You can also refer to the Financial Ombudsman Service if You cannot settle Your complaint with Us. Our contact details are: Arc Legal Assistance Ltd PO Box 8921 Colchester CO 4 5 YD Tel +( 0044 ) 1206 615000 Email customerservice@arclegal.co.uk The Financial Ombudsman Service contact details are: Financial Ombudsman Service Exchange Tower London E 14 9 SR Tel 08000 234 567 Email complaint.info@financial-ombudsman.org.uk

Compensation

We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if We or AmTrust Europe Limited cannot meet Our obligations. Your entitlement to compensation will depend on the circumstances of the claim. Further information about compensation scheme arrangements is available at http://www.fscs.org.uk/ or by telephoning 0800 678 1100.

Authorisation

Arc Legal Assistance Ltd is authorised and regulated by the Financial Conduct Authority. Our Firm Reference Number is 305958. You can check this on the FCA’s register by visiting the website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768. This policy is underwritten by AmTrust Europe Limited, Registered Office: 10 th Floor Market Square House, St James’s Street, Nottingham, NG 1 6 FG, Registered Number:

1229676. AmTrust Europe Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority, financial services number: 202189. These details can be checked on the Financial Services Register at www.fca.org.uk.