Legal defence coverage
The legal defence coverage guarantees, up to the limit agreed for it in the policy's Specific Terms and Conditions, the payment of the expenses that the Insured may incur as a result of their taking part (in their name or of any person listed as Insured in this policy) in court, administrative or arbitration proceedings; of the expenses expressly provided for in this article; or the expenses incurred in the provision of the necessary judicial and extrajudicial legal assistance services, and derived from the insurance coverage.
Unless otherwise agreed, the guarantees covered by this insurance shall be exclusively applicable to the aforementioned proceedings as filed with courts, tribunals or public or private bodies that have their headquarters or domicile in Spanish territory.
The insured sum set in the policy's Specific Terms and Conditions for Legal Defence coverage is the maximum limit of the amount to be paid by the insurance company – regardless of the number of insured – for all actions derived from the same event or cause of action, irrespective of the number of proceedings, their duration or judicial instances resorted to.
By this guarantee, and in his or her capacity as Lessor of the insured home, the Insured's criminal defence is guaranteed in trials of minor crimes against him or her, with the following benefits:
- a) Legal defence by a lawyer and solicitor, where appropriate, as well as the payment of their fees.
- b) The payment of the corresponding legal expenses.
Further, the defence of the Insured is guaranteed in the context of criminal and civil actions when the Insured is harmed by a crime.
By this guarantee, the Insurer will assume the defence of the Insured's interests in conflicts that may arise between the Lessor and the Lessee and are directly related to the current lease of the home described in the policy's Specific Terms and Conditions, such as evictions, non-consensual works executed by the Lessee, damages caused by the Lessee as a result of acts of vandalism, subleases, and any other case provided for in the Urban Leasing Law.
This includes the following benefits:
- Extrajudicial arrangements, as well as payment of any expenses that may occur.
- The legal defence in court proceedings derived from the specified causes, when compensation has not been obtained through extrajudicial means.
Claim for damages
Claim for damages due to extra-contractual fault or negligence
A guarantee is given for the claim for damages suffered by the Insured, in the rented house or in the furniture listed in the lease, provided that such damages are derived from extra-contractual fault or negligence for which the party causing the claim must respond according to articles 1902-1910 of the Civil Code. As such, the expenses derived from proceedings in which the Insured participates as injured party, to claim damages caused by a third party through fault or negligence, will be understood to be included in the coverage, when there is no contractual relationship between them; and when the claim is exercised only to demand the responsibility derived from the aforementioned articles, except in the case of any of the excluded proceedings as expressly established in these General Terms and Conditions, which will not be covered in any case.
Claim for damages due to contractual fault or negligence
A guarantee is given for the claim for damages and losses caused to the Insured in the rented home and in the movable property given for rental and listed in the lease, provided that the cause of said damages is the contractual breach of any of the following services, when they have been arranged by the Insured and the Insured bears their full payment:
- Repairs and renovations in general, carried out by individuals or legal entities, duly authorised to carry out those activities.
- Services provided in the exercise of their respective professions by lawyers, court solicitors, notaries, property registrars and administrative managers, linked to the management of the current lease of the home described in the policy's Specific Terms and Conditions.
The claim for damages, both due to non-contractual and contractual fault or negligence, includes the following benefits:
- Out-of-court arrangements to compensate for damages and losses, as well as payment of expenses incurred in connection with said claim.
- Legal defence in proceedings derived from the specified causes of claim for damages, when compensation has not been obtained through extrajudicial means.
Criminal defence for the Lessor
By this guarantee, and in his or her capacity as Lessor of the insured home, the Insured's criminal defence is guaranteed in trials of minor crimes against him or her, with the following benefits: a) Legal defence by a lawyer and solicitor, where appropriate, as well as the payment of their fees. b) Payment of the corresponding legal expenses. Further, the defence of the Insured is guaranteed in the context of criminal and civil actions when the Insured is harmed by a crime.
The Company, through its phone Legal Advisory Service, will answer any queries, questions or problems that the Insured may have about any legal matter under Spanish law. The service is limited to phone advice regarding the particular question, without issuing a written opinion.