European Communities (Non-Life Insurance) (Legal Expenses) Regulations, 1991

• Jurisdiction: Ireland
• Citation: IR SI 197/1991
• Year: 1991

S.I. No. 197 of 1991.

EUROPEAN COMMUNITIES (NON-LIFE INSURANCE) (LEGAL EXPENSES) REGULATIONS, 1991.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations: 1. These Regulations may be cited as the European Communities (Non-Life Insurance) (Legal Expenses) Regulations, 1991, and shall come into operation on the 26th day of July, 1991. 2. In these Regulations—

"Council Directive" means Council Directive No. 87/344/EEC(1);

(1)O. J. No. L185, 4.7.1987, pp. 77-80

"the Principal Regulations" means the European Communities (Non-Life Insurance) Regulations, 1976 ( S.I. No. 115 of 1976 );

"appropriately qualified person" means a person appropriately qualified according to the laws of the State;

"class of insurance" refers to a class of insurance as specified in Schedule 1 of the Principle Regulations;

"lawyer" means any person entitled to pursue his professional activities under one of the denominations laid down in Council Directive 77/249/EEC(2).

(2)O.J. No. L78, 26.3.1977, p. 17 3. Article 2 of the Principal Regulations is hereby amended by the substitution in subarticle (1) of the following definition for the definition of "the Directive":

"'the Directive' means Council Directive 73/239/EEC* as amended by Council Directive 87/344/EEC of 22nd June, 1987, O. J. No. L185, 4.7.1987, pp. 77-80;". 4. (1) Articles 4 to 11 of these Regulations apply to the class of insurance included in the class listed in Section A of the Annex at reference No. 17 and to undertakings carrying on such insurance.

(2) These Regulations do not apply to—

( a ) legal expenses insurance where such insurance concerns disputes or risks arising out of, or in connection with, the use of sea-going vessels,

( b ) the activity pursued by an insurance undertaking providing civil liability cover for the purpose of defending or representing the insured person in any inquiry or proceedings if that activity is at the same time pursued in the insurance undertaking's own interest under such cover,

( c ) the activity of legal expenses insurance undertaken by an assistance insurance undertaking where this activity is carried on in a state other than the one in which the insured normally resides, where it forms part of an insurance contract covering solely the assistance provided for persons who fall into difficulties while travelling, while away from home or while away from their permanent residence. In this event the insurance contract must clearly state that the insurance cover in question is limited to the circumstances referred to in this subarticle and is ancillary to the assistance. 5. Legal expenses insurance shall be—

( a ) the subject of an insurance contract separate from that drawn up for the other classes of insurance, or

...