Page 100 - Hollard Private Portfolio - Version 3.5

98 Hollard Private Portfolio – Version 3.5 – 7 May 2024
Legal costs
What we cover you for
We cover you for legal costs and expenses, based on our tariffs of our preferred panel of attorneys and the limit, after we
have decided that there is merit in pursuing a legal solution arising out of any of the following only:
○ Civil action
– We cover civil proceedings started by you that results in a settlement or hearing.
– We cover civil proceedings against you in the initial court hearing.
– We cover one appeal or one review against the first court’s judgment should we believe you have
prospects of success.
– We cover one matrimonial action per family unit that are started by or against you (as long as the
action or threat of action only began a minimum of six months after you applied for this cover and
no practical action has been taken concerning the divorce before the cover start date of this benefit.
For example, moving out of the joint home, or making demands for the custody of the children or
maintenance), including:
▪ Divorce actions – breach, enforcement or cancellation of divorce settlements, and property
disputes.
▪ General matrimonial agreements such as ante-nuptial agreements.
– We will only consider claims based on breach of contract if the contract was in writing and signed by
both parties.
– We do not cover the following family related disputes:
▪ Child custody and guardianship, adoption, visitation rights, child support or paternity.
▪ Disputes about engagements, promises to marry or living together as permanent partners.
Difference between civil action and criminal action
A civil action is when one person institutes legal proceedings against another person claiming for damages or
performance from that other person. A criminal action occurs when a person is brought to court by the state and is
accused of breaking a law which is classified as a crime – for example, armed robbery.
Examples of civil matters :
○ Disputes about motor vehicle collisions, damage to your property by a third party, your own eviction,
defective workmanship, breach of contract.
○ The purchase, hire-purchase or leasing of defective goods.
○ Unresolved disputes about pension or provident fund pay-outs.
○ Consumer transactions and insurance claims.
○ Criminal charge
Defence of any criminal charge against you excluding a fine or bail that is levied against you.
○ Labour relations
– We cover labour proceedings up to a hearing in the initial court case. This does not include internal
labour proceedings or awards made against you by the Commission for Conciliation, Mediation and
Arbitration (CCMA) or the Labour Court.
– We cover all matters falling under the jurisdiction of the Labour Relations Act, No. 66 of 1995.
– We cover preparation for and representation during any mediation or arbitration proceedings.
– The claim date for labour matters will be the date of an unfair labour practice that led to the notice or
event served on you.
– We do not cover legal representation at disciplinary hearings. This ensures that you have cover
available should you proceed with a court case.