Legal expenses insurance covers legal expenses the insured party incurs in the process of pursuing their rights. The insured case, as well as theobligationsoflegalexpensesinsurers, do not lead to legal expenses; however, they do give rise to theneed for providinglegalassistance (legal protection), which in turnis a precursor to legal expenses. The paper attempts to define the insured case in the context of legal expenses insurance. However, it is underlined that it is impossible to provide a clear definition of the insured case considering the fact there are several types of cover agein legal expenses insurance. In addressing the issue, the author applies a comparative approach, providing an overview of solutions existingin German insurance terms and German case law.