Legal expenses insurance

Legal aid is usually not granted if the applicant has legal expenses insurance covering the matter at hand.

As legal aid will not be given in the event that the applicant has legal expenses insurance, he or she should first contact his or her insurance company in order to determine whether any of his or her insurance policies covers the matter at hand.

Legal expenses insurance is often incorporated in

  • household effects insurance
  • real estate, boat, forest or travel insurance
  • insurance offered through trade unions
  • automobile insurance
  • business insurance
  • farm insurance

If there is a dispute relating to dismissal from employment, the applicant should also determine whether he or she belongs to a trade union. Many trade unions offer group insurance policies that incorporate legal expenses insurance.

The applicant may be granted legal aid so as to meet the deductible of a legal expenses insurance policy, if he or she would otherwise be granted legal aid without a deductible on the basis of his or her income and assets.

In exceptional cases, a court may grant legal aid for legal costs that exceed the maximum coverage provided by a legal expenses insurance policy.

Legal aid may be given even if the applicant has legal expenses insurance, if the insurance coverage does not in practice affect the legal costs in the matter, e.g. owing to the applicant being in arrears with his or her insurance premiums. If the applicant wishes to avail himself or herself of this opportunity, he or she must supply a pertinent statement from the insurance company.

 
Published 11.11.2013