ECJ Legal expenses insurance Directive 87/344/EEC Article 4(1) Right of insured persons to choose their own lawyer Contractual limitation Multiple insured persons suffering loss as a result of the same event Selection of the legal representative by the insurer Judges: Timmermans, P Citations: [2010] 1 CMLR 5, [2010] Bus LR 1404, C-199/08, [2009] EUECJ C-199/08 … Continue reading Eschig v UNIQA Sachversicherung AG: ECJ 14 May 2009
ECJ Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Insured persons’ freedom to choose a lawyer – Clause in the standard terms and conditions of a contract guaranteeing legal assistance in any inquiry or proceedings by one of the insurer’s employees – Costs relating to legal assistance provided by an external legal adviser … Continue reading Jan Sneller v Das Nederlandse Rechtsbijstand Verzekeringsmaatschappij Nv: ECJ 7 Nov 2013
ECJ Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Freedom of the insured person to choose his lawyer – Limitation of the reimbursement allowed in respect of the costs relating to representation of the insured person in judicial proceedings – Reimbursement limited to the amount corresponding to that claimed by a lawyer established … Continue reading Gebhard Stark v DAS Osterreichische Allgemeine Rechtsschutzversicherung AG: ECJ 26 May 2011
ECJ (Judgment) Reference for a preliminary ruling – Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Free choice of lawyer for an insured person – Inquiry or proceedings – Definition – Authorisation granted by a public body to an employer for the purpose of terminating an employment contract C-460/14, [2016] EUECJ C-460/14, ECLI:EU:C:2016:216 … Continue reading Massar v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: ECJ 7 Apr 2016
ECJ (Judgment) Reference for a preliminary ruling – Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Free choice of lawyer for an insured person – Inquiry or proceedings – Definition – Objection to refusal of authorisation for care) C-5/15, [2016] EUECJ C-5/15, ECLI:EU:C:2016:218, Bailii Directive 87/344/EEC European Legal Professions Updated: 13 January 2022; … Continue reading Buyuktipi v Achmea Schadeverzekeringen NV, Stichting Achmea Rechtsbijstand: ECJ 7 Apr 2016
The court was asked as to the requirement for a client to be given free choice of a lawyer in the context of legal expenses insurance. The various claimants insured by the defendants had sought to instruct solicitors not on the respondent’s approved panel, but had then been refused indemnity. Held: The court declared that … Continue reading Brown-Quinn and Another v Equity Syndicate Management Ltd and Another: CA 12 Dec 2012
