The characteristics of insured case in legal expenses insurance

Abstract

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.