Insurance Terms and Conditions for Home Buyer's Insurance (PLUS)

Anchor tag: 1

1. Insurance policyholder

The insurance applies to the person named in the insurance certificate and his/her household (hereinafter referred to as the Insured). Household means up to two adults living together in a marriage or marriage-like relationship, and their children under the age of 20 who live with them either full-time or part-time.

Anchor tag: 2

2. Insurance period and insurance certificate

The insurance applies from the date of taking out "Legal Insurance for Homeowners" with a real estate agent in connection with the purchase of a home. The insurance period is 12 months. The insurance agreement will then be renewed automatically, cf. FAL § 3-2. The insurance period is stated in the insurance certificate.

HELP Forsikring AS (hereinafter referred to as the Company) has the right to amend the insurance agreement, including terms and premiums, in accordance with FAL § 3-3 at each main renewal date.

If the Insured does not wish to renew the insurance, he or she must notify HELP Forsikring AS before the expiry of the insurance period, cf. FAL § 3-4.

The company reserves the right to notify the Insured that the insurance will not be renewed in accordance with the rules in FAL § 3-5.

Anchor tag: 3

3. Electronic communication between the insured and the company

The Company will communicate with the Insured electronically. The Insured may opt out of electronic communication by contacting HELP's customer service centre.

The Insured must ensure that they review all electronic communications from the Company, as these communications may contain important information relating to the insurance relationship, such as:

• Insurance terms and conditions
• Invoices (where non-payment may result in termination of insurance cover)
• Documents relating to the termination of insurance
• Documents relating to claims

Electronic communication means that HELP sends the Insured information as attachments to e-mails or notifies the Insured by e-mail/text message when new documents are available on the customer portal "My Page".

Anchor tag: 4

4. What does legal expenses insurance cover and from when does it apply?

4.1 Legal advice

The insurance covers legal advice within the areas of law covered by section 7.1, for the Insured's current needs during the insurance period, before a dispute has arisen. The insurance does not cover legal advice where a future dispute was foreseeable and the need for advice in this regard first arose before the Insured joined the collective insurance agreement.

4.2 Disputes

The insurance covers disputes arising during the insurance period within the areas of law covered by clause 7.1. A dispute is deemed to have arisen when a contested claim is first made or received, or when a counterparty fails to respond to a claim within a reasonable period of time. The case is not covered if the circumstances and information forming the basis for the dispute existed at the time the Insured took out the insurance.

4.3 From when does the Legal Expenses Insurance apply?

• The following clarifications apply to these types of cases:
• In cases concerning divorce, the legal expenses insurance must have been taken out before the cut-off date specified in Section 60 of the Marriage Act.
• In cases of separation, the legal expenses insurance must have been taken out before the parties moved apart.
• In inheritance cases, the legal expenses insurance must have been taken out before the death of the testator, with the exception of cases concerning:
  
  • lifetime transfer of undivided estate. The case will be covered even if the death occurred before
    the insured took out legal expenses insurance.
  • dispositions of the undistributed estate made by the surviving spouse in contravention of the rules of inheritance law. The case will be covered even if the death occurred before the Insured took out legal expenses insurance.
• In non-life insurance cases, legal expenses insurance must be taken out before the loss occurs.

Anchor tag: 5

5. Notification of claims

The Insured must report claims for insurance coverage to the Company without undue delay, cf. FAL § 4-10. If the Company has not been notified of the claim within one year after the circumstances or information on which the case is based became known to the Insured, the right to cover is lost, cf. FAL § 8-5. The claim must in any case be reported within the insurance period, see point 2.

Anchor tag: 6

6. Choice of law and jurisdiction

The insurance only applies to cases governed by Norwegian law and which have Norwegian courts as the venue. In addition, the Insured has additional cover for cases governed by Swedish, Danish or Finnish law and which have corresponding venues.

Anchor tag: 7

7. What legal assistance needs are covered

7.1 What legal assistance needs are covered

The Insured, as a private individual, is entitled to 10 hours of preventive legal advice and legal assistance in the event of a dispute, see section 4. The scope of cover is set out in section 7.3. Assistance is provided within the following areas of law:

7.1.1 Lawyer mediation in the event of a dispute

The insured is entitled to legal advice when drawing up property agreements between cohabitants and spouses (cohabitation agreement, marriage contract and will).

In cases concerning financial settlement after separation or divorce, the Company will cover up to 20 hours of legal mediation between the parties. Legal mediation is covered provided that the conditions under point 1 are met, there is a dispute and both parties agree to such mediation.

A dispute has arisen if there is disagreement about a claim, or if a counterparty fails to respond to a claim within a reasonable time.
 
7.1.2 Up to and including complaint handling

The insured, as a private individual, is entitled to preventive legal advice and legal assistance during dialogue and internal complaint handling in the following areas of law relating to real estate:

• Housing cooperatives/owner sections
• Joint ownership

Legal assistance for the aforementioned points will be provided until the case has been dealt with by the co-ownership association or housing association's own bodies.

7.1.3 Up to and including court proceedings

The insured, as a private individual, is also entitled to preventive legal advice and legal assistance during dialogue and negotiations with the opposing party and in court, within the following areas of law:

• Inheritance law
• Consumer purchases and private purchases/sales of goods. This applies provided that there is a written agreement and the purchase agreement was entered into while the Insured was covered by the insurance agreement. The amount in dispute must exceed NOK 5,000.
• Consumer purchases of craftsman services. This applies provided that there is a written agreement and the agreement was entered into while the Insured was covered by the insurance agreement. The amount in dispute must exceed NOK 5,000.
• Neighbour relations under the Neighbourhood Act and the Neighbour Fence Act.
• Tenancy agreements under the Tenancy Act where the Insured rents out all or part of their primary residence or holiday home in Norway.
• Established easements and leasehold agreements relating to the Insured's primary, secondary and holiday homes in Norway.
• Non-life insurance matters related to the Insured's own home insurance. The cover applies to the residence mentioned in the insurance certificate.
• ID theft, when this has occurred as a result of a person unlawfully and with intent to gain using the Insured's identity to open a bank account, apply for a credit card or loan, apply for identification or register a telephone or other subscription in the Insured's name.

7.2 Legal assistance needs that are not covered

The insurance policy specifies exhaustively in section 7.1 which areas of law are covered. Section 7.1 must be read in conjunction with the clarifications below. The insurance does not cover:

• Matters relating to the insured party's position, occupation or business
• Matters relating to the purchase/sale of real estate
• Matters concerning new construction or total renovation of residential/holiday homes covered by the scope of the Norwegian Housing Construction Act. This applies regardless of the choice of law specified in the agreement between the parties
• Matters concerning expropriation and extension of property and rights
• Purchase of legal and real estate brokerage services
• Purchase of goods and services where no tax or duties have been paid (undeclared work)
• Contracts for financial services and capital investments
• Insurance matters relating to household contents, cabins and holiday homes
• Personal insurance, or matters relating to personal injury, even if the cover is part of a combined insurance agreement
• Cases related to the Tort Liability Act
• Company law, including claims against owners, the board of directors, management, the managing director and/or other shareholders associated with the company and/or the company's insurance company
• Disputes against the Company, or cases where there is a conflict of interest between the Insured and the Company
• Cases involving the Insured's intentional or fraudulent acts or omissions
• Cases related to damage resulting from radioactivity, chemical disasters or natural disasters, acts of terrorism, war, revolution/riots or other similar events

7.3 Insured sum

The insured is entitled to up to 10 hours of legal advice per year for the areas of law mentioned in section 7.1. In the event of a dispute under section 7.1.1 (Family law), 20 hours of lawyer mediation are covered.

For cases covered under section 7.1.2 or section 7.1.3, legal assistance is covered up to NOK 2 million per insurance case in the event of a dispute.

The insurance covers two disputes per year.

See section 9 for information on which legal costs are covered within the maximum limit.

7.4 Excess

For legal assistance in disputes, an excess of NOK 4,000 applies.

7.5 Legal mediation

In cases where both parties to a dispute have legal expenses insurance/legal aid cover with the Company, and there is therefore a conflict of interest, HELP may propose lawyer mediation. If both parties agree to this and the case is suitable for such mediation, HELP will arrange for lawyer mediation in accordance with detailed guidelines presented to the parties. If the mediation is unsuccessful, both parties will be entitled to legal assistance from a solicitor of their choice in accordance with the cover defined above.

Anchor tag: 8

8. Obligations of the insured

The insured party is obliged to act loyally towards the Company, including sending the Company all relevant documents to which they have access and which may be of significance to the case and the cover under this insurance. Furthermore, it is a prerequisite that all questions from the lawyer are answered honestly and to the best of their ability. The insured shall, on his own initiative, immediately provide information about all matters that may be of significance to the case, and shall make himself available, show property, objects and documents, etc. to the extent required by the case. The insured is obliged to provide information about other relevant insurance schemes to which he may be entitled.

The insured shall not take any steps in cases or vis-à-vis the opposing party/the opposing party's lawyer without this having been agreed with the lawyer. The insured has a duty not to cause the insurance event, to avert and limit the loss, and to report the insurance event to the Company without undue delay, cf. FAL §§ 4-9 and 4-10.

If, over time, the Insured fails to respond to inquiries from the lawyer or otherwise fails to fulfil their obligations under FAL § 8-1, first paragraph, and the insurance terms and conditions, the case will be suspended until the Insured obtains and submits the necessary information. The Company shall not be liable for any loss of rights incurred by the Insured as a result of the case being suspended.

If the Insured fails to fulfil their obligations under FAL § 8-1, second to fourth paragraphs, and the insurance terms and conditions, the Insured may lose their right to cover under this insurance.

Enquiries to the Company should be addressed to:
 
HELP Forsikring AS
PO Box 1870
0124 Oslo

Email: post@help.no
Telephone: 22 99 99 99

In accordance with the rules on money laundering, the Insured Party is always obliged to confirm their identity to HELP by logging in to HELP's "My Page" or by other reliable means of identification. If the Insured Party does not log in, the insurance case will be closed.

Anchor tag: 9

9. The company's obligations and rights

9.1 Free choice of solicitor

In the event of a dispute, the Insured is free to choose a lawyer, cf. Section 13 of the Insurance Contracts Regulations. This means that the Insured is free to be represented by a lawyer appointed by HELP Forsikring AS or an external lawyer of their own choice.

When choosing a solicitor who has not been appointed by HELP Forsikring AS, reference is made to section 9.3. A dispute is deemed to have arisen if a claim has been made that is disputed or if a counterparty fails to respond to a claim within a reasonable time.

Legal advice includes legal assistance that is not related to disputes, such as investigative assignments, assistance in drawing up agreements and wills, etc. Legal advice to the Insured is provided by lawyers employed by HELP Forsikring AS and is not covered by the provisions of the agreement regarding free choice of lawyer. In cases of conflict of interest, the Insured may be entitled to use a lawyer of their own choice, including for legal advice, see Section 13 of the Insurance Contracts Regulations.

9.2 When using a solicitor appointed by HELP Forsikring AS

The insurance covers legal assistance insofar as the case is covered by the insurance terms and conditions. The Insured shall provide HELP Forsikring AS with a statement of facts and evidence so that HELP Forsikring AS has a sufficient basis for deciding the question of coverage, cf. clause 7. HELP Forsikring AS may reassess the question of coverage if the factual or legal basis for the case changes. HELP Forsikring may refuse to cover legal assistance if the Company believes that, based on an objective legal assessment, it is unlikely that the claim will be successful. The lawyer shall at all times decide what steps to take in the case, including whether and when the case should be brought before the courts. The lawyer shall decide whether and when the case should be closed.

After registering a case, the Insured will be contacted by a lawyer who has special expertise in the legal area to which the case relates and who will be responsible for following up the case.

HELP Forsikring AS has the right to hold the opposing party liable for the legal costs. Such compensation shall accrue to HELP Forsikring AS, and HELP Forsikring AS may demand that the legal costs be paid directly to it by the opposing party. Any compensation for the costs of experts and witnesses shall be reimbursed to the Insured.

If, after a judgment or other court decision has been made, the Insured enters into a settlement agreement that reduces HELP Forsikring AS's claim for coverage of legal costs, the subsequent agreement between the Insured and the other party is not binding on the Company's rights.

HELP Forsikring AS covers up to NOK 2 million per insurance case. Within this maximum limit, the Insured's reasonable and necessary legal assistance in the case is covered. Any costs associated with experts and witnesses are not covered. Legal mediation is covered as specified in section 7.5. Legal assistance and mediation are covered at an hourly rate limited to the public fee rate (cf. the Fee Regulations § 2).
 
In cases where the Insured files for bankruptcy or public administration of joint property or estate, court fees or advances to cover bankruptcy costs are not covered by the insurance.

In cases where the matter is handled by a solicitor appointed by HELP Forsikring AS, the legal costs awarded in accordance with the rules of the Dispute Act and court fees in the proceedings will be covered, provided that the total coverage does not exceed the maximum limit of NOK 2 million per insurance case.

9.3 When using an external solicitor of the Insured's choice

Clause 9.1 specifies when the Insured is entitled to use an external lawyer of their own choice. If the Insured wishes to use a lawyer outside HELP Forsikring AS, HELP Forsikring AS must be notified of this immediately, if possible when registering the case, see clause 5.

The insurance covers legal assistance insofar as the case is covered by the insurance terms and conditions, cf. clause 7. The Insured shall provide HELP Forsikring AS with a statement of facts and evidence when a dispute has arisen so that HELP Forsikring AS has a sufficient basis for deciding the question of coverage, cf. clause 7. HELP Forsikring may refuse to cover legal assistance if the Company believes that, based on an objective legal assessment, it is unlikely that the claim will be successful.

HELP Forsikring AS covers up to NOK 2 million per insurance case. Within this maximum limit, the Insured's reasonable and necessary legal costs in the case are covered.

Legal mediation is covered as specified in section 7.5. Legal assistance and mediation are covered at an hourly rate limited to the public fee rate (cf. the Fee Regulations, section 2). Any costs associated with experts and witnesses are not covered. Costs arising from a change of lawyer are not covered as a rule, but are nevertheless covered where a change of lawyer is necessary in order to ensure proper handling of the case. In the event of disagreement between HELP Forsikring AS and the Insured Party as to what constitutes reasonable and necessary costs, the Insured Party or the lawyer may choose to bring the matter before a tribunal or ask the Financial Complaints Board to decide the matter, see section 10.

For disputes brought before the courts, the Insured is obliged, at the request of HELP Forsikring AS, to request that the court determine the lawyer's remuneration in accordance with Section 3-8 of the Dispute Act. HELP Forsikring AS is not liable for legal costs that exceed the remuneration determined by the court. Legal costs awarded in accordance with the rules of the Dispute Act and court fees in the event of legal proceedings are not covered when the Insured has chosen their own lawyer.

HELP Forsikring AS has the right to demand that the Insured hold the other party liable for the legal costs. Such compensation shall accrue to HELP Forsikring AS, which may demand payment of the legal costs. However, this does not apply to any compensation for costs relating to experts and witnesses.

If, after a judgment or other court decision has been made, the Insured enters into a settlement agreement that reduces HELP Forsikring AS's claim for coverage of legal costs, the subsequent agreement between the Insured and the opposing party is not binding on the Company's rights.

It is a prerequisite for coverage of legal fees of one's own choosing that HELP Forsikring AS receives specified timesheets and a list of any other legal costs associated with the assignment. Such timesheets must be received no later than one month after the end of the assignment. In the event of a dispute in the judicial system, such timesheets must in any case be received by HELP Forsikring AS no later than one week after the decision in the case has been announced in the individual instance, or no later than one week after the case has been finally concluded if the announcement has been waived.

In cases where the Insured files for bankruptcy or public administration of joint property or estate, court fees or advances to cover bankruptcy costs are not covered by the insurance.

The restrictions on the use of a solicitor of the Insured's choice also apply if the Insured chooses to have a solicitor appointed by the Company after legal action has been taken.

Anchor tag: 10

10. Adjudication

If the Insured disagrees with a decision to terminate the case or not to pursue the claim further, he/she may request that the decision be reviewed by the Company's independent committee.
The committee consists of three persons, at least one of whom must have legal expertise. The committee's review is free of charge for the complainant. The complaint must be submitted by post or electronically to:

HELP Forsikring AS
PO Box 1870
0124 Oslo

Email klagenemnden@help.no

The committee will decide whether the case should continue at the Company's expense or be closed. The insured party will be informed of the outcome of the committee's review. The chair of the committee has the right to reject complaints that clearly will not succeed.

If, after the committee's consideration, the insured party chooses to pursue the case on their own and at their own expense, and wins their case, the necessary costs will be covered. The assessment is made on the basis of the rules of the Dispute Act on the determination of legal costs.

The insured party may also choose to submit the case to the Financial Complaints Board. Complaints are processed at no cost to the complainant. Complaints are submitted electronically via the complaint form at www.fink.no. The Financial Complaints Board can also be contacted by telephone on 23 13 19 60.

Anchor tag: 11

11. Privacy

HELP's privacy policy can be found at www.help.no.

All information received by the Company in connection with its work is treated confidentially and is based on the rules governing lawyers' duty of confidentiality. It will be necessary to communicate information provided by the Insured to the Company to others, for example when using experts and other necessary communication to protect the Insured's interests. The Company assumes that it has the Insured's permission to disclose such information. The Company has the right to disclose information about a potential or existing client relationship in order to explain conflicts of interest.

Anchor tag: 12

12. Background

The insurance contract consists of the insurance certificate and insurance terms and conditions, as well as the provisions of the Insurance Contracts Act of 16 June 1989 No. 69 (the Insurance Contracts Act) and other legislation.