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Article 1. Definitions

"We" means CFDP Assurances S.A., with 1,600,000.00 € in capital and main offices at 1, Place Francisque Régaud, F-69002 Lyon, France, Nr. 958.506.156 in the register of enterprises. CFDP is represented by IBS Europe s.a. with main offices at 1, Rue de Indépendance in L-8021 Strassen, Luxembourg. IBS is Nr. 108.838 in Luxembourg's register of enterprises and Nr. 2005.22.13.151 . We have been licensed as insurance brokers by the Luxembourg Insurance Commission. It is licensed by Luxembourg's Insurance Commission to act as an insurance broker.
"You" means the insured client together with any other beneficiaries.
"Litigation or dispute" refers to those conflicts that lead you to resist a claim or to make a legitimate claim against a third party.
"Third party" refers to an adversary of the insured.
The present contract is governed by the legislation covering insurances on the ground in your country.

Section 2.01 Within Your Professional Framework

Employees of the EU Institutions who are governed by the Statute are covered when they suffer a tort for which are legally entitled to demand reparation or if a third party, including your employer, sues you.
In that case, in accordance with Article 90 of the Statute the you are entitled to
• Legal counseling via the telephone; to prevent litigation or to support you when it is already under way, we will provide you with a documentation of your rights and how to protect your interests
• Legal coverage; when necessary we will undertake pre-trial negotiations on your behalf, pay the court expenses that are imposed on you, and the costs of those who intervene on your behalf before the Civil Service Tribunal or the Court of First Instance.

This insurance covers:

• Criminal cases; we intervene when you are arraigned for acts that are linked to your work in the Institutions
• Administrative cases; we intervene when you are subpoenaed or when you need you need to appeal to an administration in connection with your work in the Institutions
• Labor court cases; we intervene when you are summoned by the Civil service Tribunal
• Social protection cases; we intervene when you are summoned by a commission or court that deals with matters of social protection

This insurance does not cover;

• Individual or collective conflicts over the status of your profession
• Litigation already covered by a civil liability or damages insurance (except in confrontation of interests or unjustified refusal to grant coverage, unless the insured has failed to respect his/her contractual obligations or the refusal is based on a valid exemption)
• Cases involving intellectual property


Section 2.02

The coverage described in the present article is applies to both contractual and non-contractual litigation.


Article III. The Application of this Coverage

Section 3.01 Who is Covered?

Those people under the Statute who are placed on the monthly list xxx after having paid their premium.

Section 3.02 Geographic Coverage

Subject only to the reservations of Article IV, our coverage is world wide.

Section 3.03 Temporal Coverage

Coverage lasts throughout the duration of the contract.
Coverage extends also to cases whose origins began before the contract was established, provided that the essential facts of the case were unknown at the time of signature.

Essential element means an act, fact, event, or situation that gives rise to covered litigation.

Litigation must be reported to us during the contract's validity in order to be covered.

Section 3.04 Fairness
If you come to believe that your interests and ours clash, you have the right to retain any lawyer or other person qualified under the law to represent you. We will pay their fees and charges up to the limits set forth in our schedule below.

If a disagreement about how to resolve a court case or other difference arises between us, you and we may agree on a third party to give a neutral opinion. Unless that third party confirms our point of view, we will pay his or her fees up to the limits set forth in the schedule below. If we think that a case which you want to pursue is hopeless and you disagree, we will ask a lawyer of your choice for a detailed, reasoned written opinion. We will pay that lawyer's fees up to the limit set forth in the schedule below. If however the case is subsequently lost in court, we will pay neither the fees of the consultant lawyer nor any other costs connected with that case.

Article IV Limits

By signing this contract, you give us power of attorney.
In this case, legal assistance and protection are unlimited, save only for fines.
We will retain the lawyer of your choice and pay his/her fees and charges when presented with complete proof of payment up to the limits set forth in the schedule below.
The amounts below are cumulative per jurisdiction and include all taxes.
Amounts claimed from you by your defenders on the basis of a percentage of results obtained by are always excluded from reimbursement.
All charges and fees incurred without consulting us first will be at your charge, unless urgent measures were needed to protect your claims against third parties. In those urgent cases the limits set forth in the schedule below will be applied.
Schedule of Coverage Limits

Xxx, mediation or conciliation, assistance under the fairness clause (3.4 above), legal advice, costs for expert legal advice, preliminary examinations
500€

Various commissions, local authorities, ordinances, injunctions

Police court without a plaintiff 500
Police court with a plaintiff 750
Criminal court 1000
National court of first instance 1000
Labor Tribunal 1000
Administrative Tribunal 1000
Commercial Tribunal 1000
Other juristictions 1000
Court of Appeals 1500
Constitutional Court 2000
High Court 2000
Assizes 2000
Charges and fees for expert legal advice
1000
EU Civil Service Tribunal 5000
EU Court of First Instance 5000
Costs of the Appointing Authority 2500
(when a case is lost)

This coverage is valid in all member States of the EU as well as in Andorra and Monaco. In all other countries, our coverage is limited to 2,500 per case.

Section 4.01 Subrogation

After a case is closed we are subrogated to you against the third party in order to recuperate our expenses.
The subrogation is for the amount actually spent by us and is engaged after your expenses have been reimbursed.

Section 4.02 Time Limits

From the time at which you are first informed about the facts giving rise to a case, you have two years to file a claim with us.
This statute of limitation is interrupted by your filing a claim with us.

Sections 4.03 Exclusions

• Cases originating in riots, wars, demonstrations, fracas, assassinations, vandalism, unless you are the victim who has in no way participated or if the third party is duly identified.
• Cases arising from deliberate wrongs, torts or frauds on your part, or by your voluntarily disregarding legal obligations
• Cases in which you are already covered by another insurance, or should be, legally speaking (compulsory insurance schemes)
• Cases involving European community law before the European Court of Justice, save for those confronting a member of the European Civil Service with his or her employer over rules that are laid down in official documents
• Cases arising from collective labour law or from the expression of political or union related opinions. We do cover your defence in individual cases with your employer that arise in this domain, sackings, for an example
• Conflicts concerning personal law, family law, adoption, inheritance and wills, separations and divorces, marriage contracts
• Conflicts arising, directly or indirectly, from the construction code, renovations, builders' contracts
• Conflicts arising from city planning laws and expropriations
• Conflicts about the boundaries of real estate, joint holdings, possession
• Cases arising from activities that yield income, other than wages, salaries or social payments
• Cases arising from real estate transactions, save for those involving your primary residence and those involving real estate specifically insured under this contract
• Cases involving taxation and customs duties save where they are imposed on a natural person
• Cases involving the acquisition, holding or selling of real estate or shares thereof
• Cases arising from circumstances in which you were intoxicated with alcohol or drugs
• Cases arising from your failure to submit documents to public administrations in accordance with legal requirements
• We never reimburse costs that were incurred without consulting us before hand
• We pay no fines, deposits, neither the principal nor the interest on penalties imposed for breaching time bars. We do not reimburse expenses of a third party that you have been condemned to pay save only those to which you have been condemned by a European Community court up to the limit of 2,500 €.


Article V Your Obligations

Section 5.01 Inform us as soon as a case arises
(barring force majeure)

We will only decline coverage for a late declaration if it is proven that the delay weakened the legal position.
You must give a precise account of the nature of your litigation and forward copies of all useful information such as notices, letters, invitations, court papers, summons, …

Section 5.02 Report to us with the greatest possible precision and sincerity

A declaration made in bad faith may lead to the contract's dissolution

Section 5.03 Respect all deadlines where a law or regulation requires you to submit a document

Section 5.04 Do everything in your power to document the tort that you have suffered

We never reimburse costs incurred for the following

• Writing up legal instruments or expert opinions
• Court papers
• Obtaining testimony from witnesses
• Sworn statements meant to support your side of the case
• Sworn statements meant to find and identify the originator of the tort
• Sworn statements meant be on the safeguard your legal standing
• Sworn statements made at your initiative

Section 5.05 Take no initiatives whatsoever without consulting us beforehand

You must notify us and obtain our written consent before you engage a lawyer or other legal worker.
We will only reimburse you up to the limits set forth in Article 4 for such costs in cases for which you provide proof of great urgency to us after the event.
You must notify us and obtain our written consent before you agree to any transaction or accept an indemnity.
If you do so, we reserve the right to reclaim those expenses for which we have already reimbursed you.

Article VI Practicalities

Section 6.01 Time

This contract remains valid for twelve months starting from the date of signature.
It is renewed annually unless one of the parties cancels it.

Section 6.02 Space

The coverage provided is valid in all EU Member States as well as in Andorra and Monaco.
In other countries our coverage is limited to 2,500 € for duly documented legal expenses.

Section 6.03 Premiums

We fix the level of premiums at signature of this contract. They are payable in advance per month by the means of your choice. The account number is given on our monthly bill.
Failure to pay on time means that insurance coverage will be suspended.
We will send you one reminder via registered mail.
Ten days after that, the contract will be cancelled if no payment is received.

Section 6.04 Indexation

The amounts of money mentioned here are linked to the Abex cost of construction index in force on the first of January of the year of signature and to the last index of civil exercise known on that date.

Section 6.05 Cancellation

This contract may be cancelled by the client or by us
• At least three month before the anniversary of signature via a registered letter with a return receipt
• After a case has arisen. In that case you may also cancel other contracts that you have with CFDP with one month's notice.
• if CFDP dissolves its business relationship with IBS Europe s.a.

Section 6.06 Professional Secret

Our employees who process information provided by you are bound by professional secrecy.

Section 6.07 Regulator

The regulator responsible for CFDP is the Insurance Control Commission at 54 rue de Châteaudun, 75009 Paris.

Section 6.08 Privacy

We solemnly undertake to protect your privacy. We will use the private information that you provide only to negotiate with the insurers on your behalf in order to administer this contract and to manage your cases.
We may use this information in order to formulate offers that are optimized with respect to your needs. You have the right to consult and correct data held about you by IBS Europe s.a. You may limit our right to use your data by sending us a written request. This right also applies to data held by other companies who are involved.













Created by: admin last modification: Friday 24 of September, 2010 [18:20:25 UTC] by admin

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