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

1. General Terms and Conditions 

1.1 Who is covered by the insurance policy

The insurance policy applies to the person that is named on the insurance certificate and their household (hereinafter referred to as the Insured Party). By household is meant up to two adults who live together and are married or in a marriage-like relationship, as well as any children living in the home on a full- or part-time basis under the age of 20.

1.2 Insurance Duration

The insurance policy applies from the date of joining Home buyer’s insurance PLUS via a real estate broker in connection with the purchase of a home. The insurance duration is 12 months. The insurance agreement will thereafter be renewed automatically, cf. Section 3-2 of the Insurance Contracts Act. The insurance duration is shown on the insurance certificate.

HELP Forsikring AS (hereinafter referred to as ‘the Company’) may amend the insurance agreement, including its terms and conditions, as well as premiums, in accordance with Section 3-3 of the Insurance Contracts Act upon maturation of each period.

If the Insured Party does not wish to renew their insurance, they must notify HELP Forsikring AS of this prior to the end of the insurance duration, cf. section 3-4 of the Insurance Contracts Act.

The company reserves the right notify the customer that the insurance policy will not be renewed in accordance with Section 3-5 of the Insurance Contracts Act.

1.3 The Need for Legal Assistance Must Have Arisen During the Insurance Duration

The insurance provides coverage for preventive legal advice as set out in Section 2, provided that the Insured Party only became aware of the circumstances and information on which the need for legal assistance is based during the insurance period.

Furthermore, the insurance provides coverage for disputes arising during the insurance period, see Section 2. A case shall be considered a dispute if a submitted or received claim is contested, or if a counterparty fails to respond to a claim within a reasonable period of time. Disputes are not covered if the basis for the dispute arose prior to the date when the Insured Party took out the insurance. By the basis of the dispute is meant those circumstances and information forming the basis for any dispute.

For the following areas of law, the need for legal assistance is considered to have arisen at the following times (cf. first section/basis of dispute, cf. second section for arisen):

• In cases concerning distribution of marital possessions, the need for legal assistance is considered to arise at the same time as the cut-off date specified in Section 60 of the Marriage Act.
• In the event of a relationship breakdown, the need for legal assistance is considered to arise from the time that the parties cease to live together.
• For distribution of an estate, the need for legal assistance is considered to arise from the time of death of the testator. The death must have occurred during the insured period.

1.4 Making Claims

The Insured Party must make a claim for the damage to the Company without undue delay. If the Company does not receive notification of the damage within one year of the circumstances and/or details that the case is based upon becoming known to the Insured Party, the right to insurance coverage shall lapse, cf. section 8-5 of the Insurance Contracts Act. Regardless, the damage must be notified during the Insured Party’s insurance period, cf. Section 1.2.

1.5 Governing Law and Jurisdiction

The insurance policy only applies to matters governed by Norwegian law, and that have a Norwegian court as their legal jurisdiction.

1.6 Insurance Policy Does Not Apply To

• Cases relating to the Insured Party’s job, professional or business circumstances.
• Disputes with the Company, or cases where there is a conflict of interest between the Insured Party and the Company.
• Matters that relate to the Insured Party’s wilful or fraudulent actions or omissions.
• Matters that are related to injuries as a result of radioactivity, chemical disasters or natural disasters, terrorism, war, revolution/riots or other equivalent events.

2. Areas of Coverage

2.1 Legal Advice and Lawyer Mediation in Disputes

The Insured Party is entitled to legal advice upon establishing property-related legal agreements between cohabitants and spouses (cohabitation agreements, nuptial agreements and wills).

In cases relating to financial settlement following a separation or in a change of spouse, the Company shall cover up to 20 hours of lawyer mediation between the parties. Lawyer mediation shall be covered if the conditions under Section 1 are fulfilled, there is a dispute and both parties consent to such mediation.

A case shall be considered a dispute if there is disagreement concerning a claim, or if a counterparty fails to respond to a claim within a reasonable period of time.

2.2 Taking Up and Processing Complaints

The Insured Party, in their capacity as a private individual, is entitled to preventative legal advice, as well as legal assistance, during dialogue and negotiations with a counterparty and when complaining to a public appeals body within the following legal areas associated with legal conditions in the area of real estate:

• Housing Cooperative/Commonhold Ownership
• Joint Ownership
• Planning and Building Law
• Tax-related issues related to the renovation and letting of the Insured Party’s primary, secondary and leisure residence, gains through the sale of their home, and decisions relating to property tax where the municipality have used a valuation other than the rate obtained by the Insured Party.

Legal assistance for the aforementioned areas will be provided until the case is deal with by the joint ownership structure, the housing company’s own bodies or is terminated by a decision by the relevant public complaints body.

2.3 Taking Up and Processing Cases in Court

The Insured Party, in their capacity as a private individual, is also entitled to preventative legal advice, as well as legal assistance, during dialogue and negotiations with a counterparty and before the courts in relation to legal conditions in the following areas:

• Inheritance Law
• Consumer purchases and the private purchase/sale of goods. This applies provided that there is a written agreement, and the purchase agreement has been entered into while the Insured Party was covered by the insurance agreement. The disputed sum must be in excess of NOK 5,000.
• The consumer purchase of craftsman services. This applies provided that there is a written agreement, and the agreement has been entered into while the Insured Party was covered by the insurance agreement. The disputed sum must be in excess of NOK 5,000.
• Neighbour relations under the Neighbour Act and the Boundary Act.
• Tenancy conditions under the Tenancy Act in those cases where the Insured Party rents out all or part of their primary residence or leisure residence in Norway.
• Established easements and appended agreements related to the Insured Party’s primary residence, secondary residence, or leisure residence in Norway.
• ID theft, when this results from an unauthorised person with gainful intent using the Insured Party’s identity to open a bank account, apply for a credit card or loan, apply for identification or register a phone subscription or another subscription in the name of the Insured Party.

2.4 Exceptions

The insurance does not cover:

• Managing the affairs of a deceased individual's estate
• Cases related to the purchase/sale of real estate
• Cases related to the construction from scratch or the comprehensive refurbishment of homes/second homes where the House-Building Act may be applied
• Cases relating to allodial rights and the qualified right of inheritance of agricultural land
• Cases relating to the expropriation and extension of property and rights
• Cases relating to agricultural property, including smallholdings

3. Scope of Coverage

The Insured Party may claim for legal assistance under Section 2 in the form of up to 10 hours of legal counsel per year.

In the event of disputes under the second paragraph of Section 2.1, up to 20 hours of lawyer mediation will be covered.

For cases that are not covered under the terms and conditions of Sections 2.2 or 2.3, legal assistance up to the value of NOK 2 million will be covered per insured event in the case of disputes. A case shall be considered a dispute if there is disagreement concerning a claim, or if a counterparty fails to respond to a claim within a reasonable period of time. See the provisions in Section 5, the Company’s Obligations and Rights, as to which case costs are covered within this limit.

Legal mediation or lawyer mediation in disputes shall incur an excess of NOK 4,000.

4. Obligations of the Insured Party

It is assumed that the Insured Party shall act in a loyal manner to the Company, including the provision of access to the Company and the lawyer to all relevant documents that they have access to that may be of significance to the matter and coverage under this insurance policy. Furthermore, it is a prerequisite that all questions from the lawyer are answered honestly and to the best of the Insured Party’s ability. The Insured Party shall, at their own initiative, provide details of all circumstances that may be of significance to the case, and shall make themselves available, present property, objects and documents etc. to the extent that the case necessitates this. The Insured Party undertakes to inform the Company of any other relevant insurance schemes that they may be entitled to. The Insured Party shall not take steps in any case without the prior agreement of the lawyer. See also section 5.

If the Insured Party does not fulfil their obligations under these insurance terms and conditions, the right to coverage under this insurance policy may wholly or partially lapse.

Due to the rules on money laundering, the Insured Party is always obliged to confirm their identity to HELP by logging in to HELP ‘My Page’ or other reassuring identity verification. If there is no log on, the insurance case will be closed.

5. The Rights and Obligations of the Company

5.1 Free Choice of Lawyer

In the event of a dispute, the Insured Party is free to choose their own lawyer, cf. Section 13 of the Regulation on Insurance Contracts. This means that the Insured Party is free to seek representation from a lawyer appointed by HELP Forsikring AS or from an external lawyer of their own choice.

When choosing a lawyer not appointed by HELP Forsikring AS, please see Section 5.3. A case shall be considered a dispute if a claim is contested, or if a counterparty fails to respond to a claim within a reasonable period of time.

Legal advice encompasses legal assistance that is not relates to a dispute, such as investigative assignments, help in drafting agreements and wills, etc. Legal advice to the Insured Party is provided by lawyers employed by HELP Forsikring AS and is not covered by the provisions of the agreement concerning the free choice of lawyer. In cases where there is a conflict of interest, the Insured Party is entitled to use a lawyer of their own choice when seeking legal advice, cf. Section 13 of the Regulation on Insurance Contracts.

5.2 When Using a Lawyer Appointed by HELP Forsikring AS

The insurance covers legal assistance as long as the case is covered by the insurance terms and conditions. The Insured Party shall provide HELP Forsikring AS with an account of the facts and evidence to ensure that HELP Forsikring AS has sufficient grounds on which to determine whether coverage is provided, cf. Section 2. HELP Forsikring AS may carry out a new assessment of whether coverage is provided should the factual or legal grounds for the claim change. HELP Forsikring AS can deny coverage of legal assistance if the lawyer considers that the claim will not proceed. The lawyer shall determine at any given time which measures to take in the case, including whether, and if applicable when, the case should be brought before the courts. The lawyer shall determine whether and when the case should be closed.

Once a case has been reported, the Insured Party will be contacted by a lawyer who has specialist expertise in the legal area that the case pertains to, and who will be responsible for handling the case going forward.

HELP Forsikring AS is entitled to hold the counterparty liable for case costs. Such compensation falls to HELP Forsikring AS, and HELP Forsikring AS may demand that case costs be paid directly to it by the counterparty. Any compensation for costs incurred in relation to experts and witnesses will be refunded to the Insured Party.

HELP Forsikring AS will cover a sum of up to NOK 2 million per insured event, cf. Section 3. The Insured Party’s costs for reasonable and necessary legal assistance in the case will be covered up to the maximum limit. Any costs related to experts and witnesses will not be covered. Legal assistance and mediation shall be covered at an hourly rate with a maximum limit equivalent to the public fee rate (cf. Section 2 of the Public Fee Regulation).

In cases where the Insured Party requests the bankruptcy or a public change of joint ownership or an estate, court fees and advances for the coverage of bankruptcy estate costs will not be covered by the insurance policy.

In those instances where the case is handled by lawyers appointed by HELP Forsikring AS, any legal costs and court fees that are imposed as a result of the regulations contained within the Dispute Act will also be covered so long as the total coverage does not exceed the maximum limit of NOK 2 million per insured event, cf. Section 3.

5.3 Use of an External Lawyer as Chosen by the Insured Party

Section 5.1 states when the Insured Party is entitled to use an external lawyer of their own choice. If the Insured Party wishes to use a lawyer external to HELP Forsikring AS, it is necessary to notify HELP Forsikring AS of this immediately, and if possible, when registering the case, cf. Section 5.

The insurance covers legal assistance as long as the case is covered by the insurance terms and conditions, cf. Section 7. The Member shall provide HELP Forsikring AS with an account of the facts when a dispute arises to ensure that HELP Forsikring AS has sufficient grounds on which to determine whether coverage is provided, cf. Section 7. HELP Forsikring AS can deny coverage of legal assistance if the Company considers that the claim will not proceed.

HELP Forsikring AS will cover a sum of up to NOK 2 million per insured event, cf. Section 3. The Insured Party’s costs for reasonable and necessary legal costs in the case will be covered up to the maximum limit. Lawyer mediation is covered as stated in Section 2. Legal assistance and mediation shall be covered at an hourly rate with a maximum limit equivalent to the public fee rate (cf. Section 2 of the Public Fee Regulation). Any costs related to experts and witnesses will not be covered. Costs incurred as a result of changing lawyers are generally not covered, but may nevertheless be covered when a change in lawyers is necessary in order to ensure appropriate consideration of the case. In the event of disagreement between HELP Forsikring AS and the Insured Party about what constitutes reasonable and necessary costs, the Insured Party or the lawyer may opt to bring the matter before the tribunal for resolution or request that the Norwegian Financial Services Complaints Board resolves the matter, cf. Section 7.

For disputes that have been brought before the courts, the Insured Party undertakes upon request from HELP Forsikring AS to request that the court determines the lawyer’s remuneration in accordance with Section 3-8 of the Dispute Act. HELP Forsikring AS is not responsible for legal costs that exceed the remuneration determined by the court. Legal costs awarded against the Insured Party under the terms and fees of the Dispute Act will not be covered in the event that the Insured Party has chosen their own lawyer.

HELP Forsikring AS is entitled to demand that the Insured Party holds the counterparty liable for case costs. Any such compensation shall accrue to HELP Forsikring AS and the company may demand that case costs are paid to it. However, this does not apply to any compensation for costs incurred in relation to experts and witnesses.

It is a prerequisite for coverage of costs for a lawyer of the Insured Party’s own choice that HELP Forsikring AS receives itemised timesheets and details of any further case costs related to the assignment. Any such timesheets must be received no later than one month after the conclusion of the assignment. In the event of a dispute in the courts, any such timesheet must in any case be received by HELP Forsikring AS no later than one week after the decision in the court in question is handed down, and no later than one week after the case reaches its final conclusion if such an announcement is waived.

In cases where the Insured Party requests the bankruptcy or a public change of joint ownership or an estate, court fees and advances for the coverage of bankruptcy estate costs will not be covered by the insurance policy.

The limits applicable when using a lawyer selected by the Insured Party shall also apply if the Insured Party chooses to use a lawyer appointed by the Company after initiating legal action.

6. Privacy – Electronic Communications

All data received by the Company in connection with its work will be treated as confidential on the basis of the regulations concerning lawyers’ duty of confidentiality. See also HELP’s privacy policy (www.help.no). There may arise the need to communicate some of the details provided by the Insured Party to the Company to third parties, such as in the event that an expert is used or other necessary communication to safeguard the interests of the Insured Party. The Company assumes that it has the Insured Party’s permission to disclose the specified information. Unless otherwise agreed or anticipated, the Company is entitled to disclose any potential or already existing client relationships in order to explain conflicts of interest. The Insured Party consents to the Company disclosing information that is necessary for the administration of this insurance agreement.

The Insured Party consents upon entering into the insurance agreement that all communication may occur electronically.

7. Complaints and Tribunals

7.1 The Company’s Complaints Board

If the Insured Party disagrees with a decision to close a case or not pursue a claim further, they may request that the decision is reviewed by the Company’s independent tribunal. Complaints may be sent by email to:

• Email: klagenemnden@help.no
• Telephone: +47 22 99 99 99
• Complaints may also be sent by letter to: HELP Forsikring AS, Postboks 1870, 0124 Oslo

The tribunal consists of three persons, of which at least one member should have a background in a consumer organisation or in the public sector working on consumer issues, and at least one member should have legal expertise. Resolution by tribunal is free of charge to the complainant.

The tribunal will determine whether the case should continue at the Company’s expense or be closed. The Insured Party shall be informed of the outcome of the resolution by tribunal. The tribunal chairman is entitled to reject appeals that will clearly not succeed.

If the Insured Party chooses to pursue the case at their own initiative and expense following resolution by tribunal, and their case is successful, their necessary costs shall be covered. The assessment shall be carried out on the basis of the regulations concerning the determination of case costs set out in the Dispute Act.

7.2 Other Complaints Tribunals

The Insured Party may also request to submit their case to the Norwegian Financial Services Complaints Board, cf. Section 20-1 of the Insurance Contracts Act. This applies to all parts of the insurance agreement and insurance settlement. Complaints are considered free of charge to the complainant. The complaint should be submitted electronically using the complaints form at www.finansklagenemnda.no. The Norwegian Financial Services Complaints Board may also be contacted by phone on 23 13 19 60 and the secretariat has a duty to provide guidance to the public.

8. Background Law

The Act of 16 June 1989 no. 69 concerning insurance agreements, the Insurance Contracts Act, applies to this insurance agreement.