h) Withdrawal by the insured
Where the insurer has provided an indemnity for legal expenses and the insured withdraws from the legal proceedings without our agreement, the insurer shall be entitled to reimbursement of all legal expenses paid.
i) Payment of legal expenses
All bills relating to any legal proceedings which the insured receives from the appointed representative should be forwarded to us without delay.
Bills must be certified by the insured to the effect that the charges have been properly incurred and that we are authorised to settle on the insured’s behalf. Gross sum bills must be accompanied by a breakdown setting out the work done and rates applied.
If requested the insured must ask the appointed representative to submit the bill of costs for assessment or certification by the appropriate Law Society or court in accordance with the provisions of the Solicitors Act 1974 and/or the Solicitors Remuneration Order 1994.
The provision of indemnity for any legal expenses does not imply that all legal expenses will be paid. If the insured is in doubt we should be consulted.
The insured must not, without our written consent, enter into any agreement with the appointed representative as to the payment of legal expenses.
j) Recovery of costs and expenses
The insured, through the appointed representative, shall be responsible for the repayment to the insurer of any:
i).award of costs made in favour of the insured; or
ii).costs agreed to be paid to the insured as part of any settlement.
When the total amount of legal expenses incurred is within the limit of indemnity, the insured and the insurer will share any legal expenses that are recovered according to the proportion paid.
Where the total cost of the legal action exceeds the limit of indemnity, the insured and the insurer shall have priority over any other parties with an interest in any costs recovery. The insured and insurer shall share such recovery according to the proportion paid, subject to the insurer’s right of recovery being restricted to the limit of indemnity.
NOTICE TO POLICYHOLDER 68
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