Legal expense's insurance. Worth it's weight in gold?

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Danny
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Legal expense's insurance. Worth it's weight in gold?

Post by Danny » Sun May 01, 2005 4:52 am

In reply to a posting by Mr ME in the Fence's forum ( Neighbour wants to move his fence 4" on to my land )
despair wrote:
This is yet more proof that having legal expenses insurance on your house policy is worth its weight in gold
ADD IT fast so that any other games this idiot plays are covered
I have posted my views below, but would like to hear other's view's / experience's of legal expense / protection insurance.

I would not rely totally on legal protection/expenses insurance, as it may not cover everthing.

Boundary or Party wall disputes may not be covered as they are normally or can be resolved by surveyors.

Mediation to resolve the dispute, may not be covered.

Be aware of get out clause's which may be being used by some insurers. (The cost's to pursue the claim outways/exceeds the damages recoverable. Therefore not covered.)

Although there may be a complaint proceedure available should insurance co refuse to honour policy/cover. I would read the small print and find out exactly what is'nt / is covered, before buying.

nigelrb
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Post by nigelrb » Sun May 01, 2005 8:32 am

Hi Danny.
Interesting query. Whilst you say that you would not rely totally on legal exp. insurance, it is probably the most cost effective means or safety net available to protect us from so many of the matters we read here. We have also seen posters applaud their decision to have had such insurance in place when a 'problem' has occured.

Your mentioning of the 'get out clauses' is true. Insurers seem to want to deny responsibility wherever possible.

It's just that; what is the alternative?

Regards, Nigel

Maverick.uk
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Re: Legal expense's insurance. Worth it's weight in gold?

Post by Maverick.uk » Sun May 01, 2005 1:50 pm

In my case i can say its worth the weight in Gold costs to date so far in surveyors and legal exopenses i guess in excess of £15k. I have personally paid out about £400 in excess fees. I therefore say its worth it.

Mine is both Boundary, party wall and others

Cheers

Mav

Countryman
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Post by Countryman » Sun May 01, 2005 11:36 pm

It is definitely better to have it than not because it MAY help you.

When I contacted the insurance companies legal advice line (must be done prior to any legal action) re a neighbours breach of covenants they gave me advice that I believed was incorrect (I won't go into details it will take too long!). I therefore contacted the Citizens Advice bureau and was given details of solicitors who deal in free half hour interviews. I went prepared with all documents and they gave me a totally different answer to the Insurance companies legal advice line. I followed the advice given from the free half hour interview and won the day without it going to court; the neighbours complied with covenants that they had entered into when buying their property. My experience of the legal cover from my insurers is not a happy one BUT I would still recommend it because it MAY be of assistance and from some posts on the site obviously has been - I was perhaps unlucky!!

Countryman

Danny
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Post by Danny » Mon May 02, 2005 8:22 pm

Prior to purchasing Legal Expense Insurance or making a claim under Legal Expenses cover, It might be worth checking out the Financial Ombudsman web site.

http://www.financial-ombudsman.org.uk/p ... penses.htm

Tm
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Post by Tm » Tue May 03, 2005 10:53 am

I am currently in a dispute with my neighbour, and have been so for a year and ahalf. The insurance company are currently paying for this, but I would say overall it is a mixed blessing.
Last edited by Tm on Tue May 03, 2005 5:04 pm, edited 1 time in total.

Beech
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Post by Beech » Tue May 03, 2005 3:48 pm

Countryman wrote:It is definitely better to have it than not because it MAY help you.
True
Countryman wrote:When I contacted the insurance companies legal advice line (must be done prior to any legal action) they gave me advice that I believed was incorrect
Also unlucky experience confirms this. Legal helpline information and advice on action proved incorrect, contradicted by their own legal advisor in response to a completed application for legal department.

For your own protections, do not rely on telephone help line information. Pursue matter with the solicitor in detail and in writing before instructing to take action on your behalf.

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Angelisle
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Post by Angelisle » Tue May 03, 2005 4:25 pm

Beech
For your own protections, do not rely on telephone help line information. Pursue matter with the solicitor in detail and in writing before instructing to take action on your behalf.
Very true Beech the above is very good advice.
Sometimes the legal advice helplines are manned by persons of no legal knowledge and their experience extends to going through a check list of boxes to tick :roll:
www.islandpulse.co.uk
www.digitalfoyer.com
www.iwdig.org.uk

Danny
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Post by Danny » Wed May 04, 2005 5:42 pm

To add to previous comment's. It seem's best to obtain advice prior to making a claim then requesting that your own solicitor deal with the dispute. However, if you are lucky enough to be covered for your dispute but the insurance company insist you use their panel solicitor's. Check out the appointed panel solicitor's web site ( most have one) to see if they are capable/experienced in dealing with your type of dispute.

It is beggining to look like, legal protection policy's may be giving people a false sense of security and are being purchased only because they are cheap.

As far as I am aware, Legal Protection Insurance is only available from your own home, house or vehicle insurer. Does anyone know if it can be obtained seperatly elsewhere.

Danny
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Post by Danny » Mon May 09, 2005 4:22 am

It appears that maybe some Insurance companies / legal help line may be refering to the case of (link below) as a reason for not covering policy holders in respect of boundary dispute's. Maybe there's some truth in it, maybe not. However, the case is over 3 years old and yet show's up as one of the most, if not the most viewed case's on the bailii site.

Although I cannot find the conclusion to this case( maybe resolved out of court). I belive that there is more than one interpretation applicable to this case / judges decision. Therefore, members of this site who read the case may wish to post their opinion /view of the case, in the hope it may be of help to other's. You have to read both case's. The link is to a summary of the case, providing a link to the actual case. You have to read actual cases and all links.
http://www.lawindexpro.co.uk/cgi-bin/ci ... idx=218543
Last edited by Danny on Sat May 21, 2005 7:37 am, edited 3 times in total.

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Angelisle
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Re Markos V Goodfellow Case Overview

Post by Angelisle » Thu May 12, 2005 1:14 pm

Although I cannot find the conclusion to this case( maybe resolved out of court). I belive that there is more than one interpretation applicable to this case / judges decision. Therefore, members of this site who read the case may wish to post their opinion /view of the case, in the hope it may be of help to other's. You have to read both case's.
Danny, could be a strong topic for discussion, perhaps the link below may be of interest to you or other members.
http://www.swarb.co.uk/phpbb/index.php
www.islandpulse.co.uk
www.digitalfoyer.com
www.iwdig.org.uk

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