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Legal expenses insurance

Having rights. Enforcing them.

Legal expenses insurance does not fund every dispute. Covered areas, timing, waiting periods and exclusions are decisive.

Modules

Legal expenses cover must fit real life.

Private, employment, motor, property and contract legal protection are separate areas.

Private life

Everyday disputes

Damages, criminal defence and selected contractual disputes in private life.

Employment

Labour law

Disputes arising from employment and social-security proceedings.

Motor

Vehicle and road use

Damages, criminal proceedings and driving-licence matters.

Property

Land and tenancy

Ownership, neighbours, tenancy and owner-occupied property depending on the module.

Contracts

Purchases and services

Not every contract dispute is automatically covered; limits and exclusions matter.

Family and inheritance

Often restricted

Advice or specified proceedings may be covered, while divorce and inheritance disputes are often limited.

Coverage review

Timing, area of life and opponent determine cover.

01

Insured event

When did the alleged legal breach begin?

02

Waiting period

Had the policy been in force long enough?

03

Module

Is the specific area of life actually included?

04

Costs and limits

Excess, sum insured, choice of lawyer and territorial scope are not unlimited.

Practice

Clarify cover before instructing a lawyer.

Uncoordinated instructions may create unnecessary costs. The facts and timeline should be structured first.

Timeline

Identify the first breach

Arrange contracts, letters, deadlines and discussions chronologically.

Coverage request

Report the full facts

State the claim, opponent and intended steps precisely.

Strategy

Keep costs in view

Assess excess, prospects, settlement and litigation risk together.

Our role: Legal expenses and liability insurance have different functions: legal expenses funds your own interests, while liability cover defends claims against you.
Austrian Supreme Court decisions

A legal dispute often begins earlier than expected.

These summaries highlight typical disputes and do not replace review of the individual policy.

View all decisions
OGH 7 Ob 127/16a

When does a legal-expenses event begin?

The decisive event is usually the first alleged breach of a legal duty, not the later lawyer’s letter or court action. Cover purchased afterwards may therefore be too late.

Official RIS decision →
OGH 7 Ob 70/20z

The opponent’s allegations may be decisive

Coverage may depend on the facts and legal basis alleged by the opponent. The insured event is not determined solely by the policyholder’s own legal view.

Official RIS decision →
OGH 7 Ob 22/10a

Late notification and exclusion periods

The Court distinguished limitation periods, contractual exclusion periods and late knowledge. Legal-expenses matters should be reported promptly and placed accurately in time.

Official RIS decision →
Frequently asked questions

Key legal-expenses questions.

All questions
Can cover be purchased after a dispute has begun?

Generally not for an insured event that has already occurred. The first alleged breach may be decisive.

May I choose my lawyer?

There is generally a right to choose a lawyer in a covered case, subject to policy terms and legal rules.

Are inheritance disputes covered?

Often only advice or specified proceedings are covered. The exact module must be reviewed.

What is a coverage request?

It presents the facts to the insurer and requests confirmation of costs for intended legal steps.

Personal advice

Arrange legal cover before a dispute.

We review areas of life, waiting periods, exclusions, excesses and previous policies.

Herbert Helm MBA
Herbert Helm MBA
Insurance broker · adviser in insurance matters · licensed financial adviser
+43 7474 23456
helm@sichermithelm.at