Payment of fees
With regards to the remuneration of lawyers and, where applicable, court attorneys, the insurer shall pay an amount up to the limit set forth in the schedule, always complying with the calculation of any agreements between the insurer and the lawyers or their official associations or, in the absence thereof, with the appropriate rules regarding fees as set by official associations, which shall be construed as the maximum limit on the insurer's obligation.
The insurer shall not pay the costs arising from legal proceedings of any jurisdiction, when the matter is settled and the costs thereof are imposed on the other party. In this case, the professional or professionals in charge of the matter will have to claim these costs in a procedure to enforce the ruling or amicably or directly from the other party. Notwithstanding the foregoing, the insurer shall pay these costs if the insolvency of the party ordered to pay is proved.
The insurer shall not be liable to pay any costs regarding the membership or authorisation to operate of the lawyers, if they do not belong to the official association in the place where they have to carry out their professional activities. Nor shall the insurer be liable for travelling and accommodation expenses or allowances.
Nonconformity in the processing of a claim or disagreements about the way of settling the claim.
When the insurer os of the view that there is no reasonable chance for success and, thus, decides not to bring a lawsuit or process an appeal, or when there are some disagreements regarding the way of resolving the claim, the insurer must inform the insured.
The insured may proceed with the judicial claim on his own behalf and shall be entitled, within the limits of the cover taken out, to be reimbursed with any expenses incurred in lawsuits and appeals filed as a result of a disagreement with the insurer, or even with the arbitration, providing a more favourable result is obtained.
Any differences that might arise between the insured and the insurer as to the contract may be submitted to arbitration. Arbitrators may not be appointed before the question in dispute has arisen.
A.4. Assistance at the business premises
4. Risks excluded from all guarantees