Insurance terms and conditions for Homebuyer Insurance (Plus)

Terms and conditions 1st of April 2017 

1. General terms and conditions

1.1 Beneficiaries of the insurance policyThe insurance applies to the party named in the insurance certificate and members of his/her household, hereinafter referred to as “the Insured." Household here means up to two adults living together as a married couple or in a corresponding relationship, and any children thereof under the age of 20 who are partly or entirely living at home. In the event of a dispute or conflict of interest between household members, the insurance only applies in favour of the party named in the insurance certificate.1.2 Period of insuranceThe insurance is taken out for one year at a time with starting point when the Legal Insurance for Home Buyers Pluss is signed through a real estate agent with regards to the Insured´s purchase of a property. The insurance applies to the time period stated in the insurance certificate. 

1.3 Which need for legal assistance the insurance coversThe insurance covers the Insured’s requirement for necessary legal assistance, as long as the matter for which legal assistance is required occurred during the insurance period. 

In cases relating to the division of matrimonial property, the need for legal assistance is deemed to have arisen at the same time as the statutory cut-off date. In cases relating to the division of property after a non-marital cohabitation, the need for legal assistance is deemed to have arisen at the same time as the cohabitants move apart. In probate-related cases, the need for legal assistance is deemed to have arisen on the date of the testator’s death. 

Coverage is conditional on the matter and/or information on which the need for legal assistance/case rests first coming to the Insured’s attention during the insurance period.1.4 Notice of claimThe Insured must report the loss/need for legal assistance to HELP Forsikring, hereinafter referred to as "the Company", without undue delay. If the Company has not been notified of the loss/need for legal assistance within one year of the matter and/or information on which the need for legal assistance/case rests became known to the Insured, entitlement to coverage will be lost.1.5 Norwegian legal venueThe insurance only covers cases that are regulated by Norwegian law, and that are subject to the jurisdiction of Norwegian courts.1.6 The insurance does not cover 

  • Matters relating to commercial activities. 
  • Disputes with the Company or matters in which there is a conflict of interest between the Insured and the Company.
  • Matters relating to negligent or fraudulent actions or omissions on the part of the Insured.
  • Matters relating to loss or injury deriving from radioactivity, chemical or natural disasters, acts of terror, war, revolution/riots or other similar incidents.

2. Coverages

2.1 Preventive counsellingThe Insured, in his/her capacity as a private  individual, is entitled to preventive counselling within the same legal areas as for legal disputes, see description under clause 2.2. The preventive counselling covered is described under 2.1.1 and 2.1.2.

2.1.1 Digital documents and contracts

The Insured has access to online documents and contracts through the Company´s My Page-solution, as follows:

  • cohabitation agreement
  • marital contract
  • testament (will)
  • house rental contract
  • sales contract
  • contract for craftsmen services

2.1.2 Legal counselling

The Insured, in his/her capacity as a private  individual, is entitled to up to 15 hours of legal advice per year within the following areas of jurisprudence:

  • Cohabitation agreement/marital contract
  • Inheritance law
  • Consumer purchases of goods, and the private purchase/sale of goods. This is conditional upon the purchase agreement being written and entered into while the Insured is covered by the insurance plan and the purchase price for the goods/services being in excess of NOK 5,000. 
  • Consumer purchases of craftsmen services. This is conditional upon the purchase agreement being written and entered into while the Insured is covered by the insurance plan and the purchase price for the services being in excess of NOK 5,000.
  • Relations with neighbours under the Norwegian Neighbours Act and Neighbour Fence Act.
  • Housing cooperatives/joint housing ownership
  • Joint property
  • Letting of the Insured’s primary or holiday home in Norway.
  • Servitudes/easement and long lease connected to the Insured´s primary or holiday home in Norway
  • Planning law
  • ID theft, where this has occurred as a result of a person, for the purpose of gain and without authorisation, using the Insured’s identity to open a bank account, apply for a credit card or loan, apply for proof of identity or register a telephone or other subscription in the Insured’s name.
  • Matters within tax law regarding renovation and letting of the Insured´s primary-, secondary- and holiday home, profit when selling the Insured´s home, and decision of property taxes where the local government has based their decision on another property value than the appraised value.

This applies with the exception of:

  • The Company does not cover the administration of an estate of a deceased person.
  • Matters relating to the purchase/sale of real property, including matters relating to the initial construction/total renovation of residential/holiday properties.
  • Matters relating to allodial or qualified allodial rights.
  • Matters related to expropriation of property or expansion of property or property rights(servitudes).
  • Matters related to agricultural or small holding.

2.2 Disputes

The Insured has the right to mediation or legal assistance from a lawyer in disputes where the Insured is in her/his capacity of a private  individual. The coverage is described in clause 2.2.1 and 2.2.2.

2.2.1 Mediation

In the event of cases relating to the division of matrimonial property or to the division of property after a non-marital cohabitation, the Insured has a right to 20 hours of mediation. The Company covers the mediation as long as clause 1 is fulfilled, where a dispute is determined and both parties agree to such mediation. 

2.2.2 Legal assistance

The Company provides legal assistance from a lawyer in disputes within the following areas of jurisprudence: 

  • Inheritance law
  • Consumer purchases of goods, and the private purchase/sale of goods as described in clause 2.1.2.
  • Consumer purchases of trade services as described in clause 2.1.2
  • Relations with neighbours under the Norwegian Neighbours Act and Neighbour Fence Act.
  • Housing cooperatives/joint housing ownership
  • Joint property
  • Letting of the Insured’s primary or holiday home in Norway.
  • Servitudes/easement and long lease connected to the Insured´s primary or holiday home in Norway
  • Planning law, limited to the governmental handling of complaints.
  • Governmental handling of complaints regarding a decision of tax on renovation and letting of the Insured´s primary-, secondary- and holiday home, profit when selling the Insured´s home, and decision of property taxes where the local government has based their decision on another property value than the appraised value.  
  • ID theft, as described in clause 2.

This applies with the same exceptions as stipulated in clause 2. 

2.2.3 Excess For meditation and/or assistance in connection with disputes, the Insured must pay an excess of NOK 3,000.

2.2.4 When does a dispute exist?

A dispute has arisen if a claim is contested or the opponent fails to respond to a claim within a reasonable period of time.

3. The Insured’s obligations

The Insured has a duty to act in good faith with respect to the Company. This includes disclosing to the Company all relevant documents to which the Insured has access and which may be of significance to the case and the coverage provided under this insurance policy. Furthermore, all questions asked by the lawyer must be answered honestly and to the best of the Insured’s ability. The Insured shall immediately and at his/her own initiative, provide information about all matters which may be of significance to the case, and shall place himself at the disposal of the lawyer and specialist experts, and shall provide sight of property, artefacts and documents etc., to the extent that the Company so requests. The Insured has a duty to provide information about any other relevant insurance schemes to which the Insured may be entitled.

The Insured shall not himself take any steps in connection with cases being handled by the Company without explicit prior agreement. See also clause 4.

Should the Insured fail to fulfil his/her obligations with respect to these terms and conditions, the right of coverage under this insurance policy may be lost, either partly or in whole.

4. The Company’s rights and obligations

The Company assesses the Insured’s case and provides legal assistance through a lawyer, to the extent the case is covered, where the lawyer representing the Insured finds it probable that the claim will be upheld. The Company may terminate the case if the lawyer representing the Insured finds that the claim will not be upheld.

After reporting a matter to the Company, the Insured will be contacted by a lawyer with particular competence in the area of jurisprudence concerned. This lawyer will be responsible for further follow-up of the case.

If the Insured wishes the case to be handled by another lawyer of his/her own choosing, the Company must be notified immediately or if possible, when the case is first registered. Reasonable and necessary legal assistance performed by a lawyer of the Insured’s own choosing is covered only after a specific inquiry by the Insured. Mediation is covered according to section 2.2.1.

The Company is not liable for legal costs which exceed the fees determined by the court. In cases where the legal proceedings relating to a dispute are handled for the Insured by a lawyer other than the one appointed by the Company, the Insured has a duty to request, at the behest of the Company, that the court determine the lawyer’s fees in accordance with Section 3-8 of the Disputes Act.

It is a proviso for the coverage of costs incurred by a lawyer other than the one appointed by the Company that the Company, no later than one week after conclusion of the case, has received a specified timesheet and schedule of any other costs associated with the case. Where such a lawyer has represented the Insured in connection with legal proceedings relating to a dispute, the said timesheet and schedule of other costs must, under all circumstances, have been received by the Company no later than one week after the adjudicating body concerned has handed down a ruling in the matter.

The Company covers up to NOK 2 million per insurance event. Within this ceiling, reasonable and necessary legal assistance required by the Insured will be covered. Mediation is covered according to section 2.2.1. Legal assistance is covered at an hourly rate capped at the fee level payable by the public administration (cf. Section 2 of the Remuneration Regulations).

In the event that the case is handled by a lawyer appointed by the Company, coverage also extends to any counterparty legal costs awarded and court fees in connection with litigation, as long as the total coverage does not exceed the ceiling of NOK 2 million per insurance event. In the event that the Insured files for bankruptcy or the public division of joint matrimonial assets or the estate of a deceased, neither court fees nor advances to cover accommodation expenses are covered by the insurance. With regards to mediation in parental disputes a ceiling of 20 hours applies as described in section 2.2.1.

The Company is not liable for costs incurred without the Company’s prior consent. Nor is the company liable for costs arising in connection with any change of legal counsel. The Company is entitled to hold the counterparty liable for legal costs. Such compensation falls to the Company and the Company may demand direct payment of costs by the counterparty. 

Any information the Company receives in connection with its work is kept confidential. There will still be a need to communicate a part of the information the Insured provides the Company to others, such as for expert witnesses and other necessary communication. This to ensure the Insured's interests. The Company assumes that it has permission to provide information as mentioned. Unless otherwise agreed the Company is entitled to inform others about a potential or existing client to explain conflicts of interest.

5. Complaints board

If the Insured disagrees with a decision to terminate pursuit of a matter or withdraw a claim, the Insured may request that the decision be reviewed by the Company’s independent complaints board. The board comprises three people, of whom at least one shall have experience from a consumer organisation or public agency dealing with consumer affairs, and at least one shall have legal expertise. Adjudication by the board is without cost to the complainant. The board decides whether the matter shall continue to be pursued at the Company’s expense, or be terminated. The Insured shall be informed of the outcome of the Committee's adjudication. The Committee chair has the right to dismiss complaints that are certain not to be upheld.

If, following adjudication by the complaints board, the Insured chooses to pursue the matter by himself/herself and at his/her own expense, and wins, reasonable and necessary legal assistance required by the Insured necessary costs will be reimbursed. The assessment is made on the basis of the Disputes Act’s provisions relating to the determination of legal costs.

The Insured may also choose to bring the matter before the Norwegian Financial Services Complaints Board (FinKN). For further information, see www.finansklagenemnda.no.

6. Background rules of law

This insurance contract between the Insured and the Company comprises an insurance certificate and terms and conditions of insurance pursuant to the Act as of 16 June 1989 no. 69 on Insurance Contracts (The Norwegian Insurance Contract Act) and other legal regulations.

 

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