Updated 04/02/2025
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Article 202 - Directive 2009/138/EC (Solvency II Directive)

Article 202

Exception 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.