TITLE IISPECIFIC PROVISIONS FOR INSURANCE AND REINSURANCE

CHAPTER IIProvisions specific to non-life insurance

Section 4Legal expenses insurance

Article 202Exception to the free choice of lawyer

1

Member States may provide for exemption from Article 201(1) for legal expenses insurance if all the following conditions are met:

a

the insurance is limited to cases arising from the use of road vehicles in the territory of the Member State concerned;

b

the insurance is connected to a contract to provide assistance in the event of accident or breakdown involving a road vehicle;

c

neither the legal expenses insurance undertaking nor the assistance insurer carries out any class of liability insurance;

d

measures are taken so that the legal counsel and representation of each of the parties to a dispute is effected by wholly independent lawyers where those parties are insured for legal expenses by the same insurance undertaking.

2

An exemption granted pursuant to paragraph 1 shall not affect the application of Article 200.