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25th September 1970
Page 76
Page 76, 25th September 1970 — insurance
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Which of the following most accurately describes the problem?

by John Vann, FCII

Free legal defence

• It's not possible to take out an insurance which is against public policy. As an example, you cannot insure against being fined for a motoring offence. "But what about manslaughter?" an operator asked. What he had in mind was the manslaughter clause appearing in most motor policies, not forgetting the free legal representation also included.

'Suppose a driver is prosecuted for an offence such as driving without due care and attention, arising out of a collision with another vehicle. In such circumstances it is more than likely that the prosecuted driver will be wholly or partly responsible for the accident, A conviction recorded against him for the particular offence, however, will almost certainly mean that any claim from the third party will be difficult to side-step. This is the reason for the inclusion of free legal representation.

The policy wording is on the lines that the insurers will pay a solicitor's fee incurred with their consent for representation at any coroner's inquest or inquino in respect of any death. Also covered is representation for defending an appearance in a magistrates' court, This cover is given only when there is the possibility of a claim against the policyholder or driver.

The idea behind this is that if the driver has a solicitor to defend him, it is more likely that any sentence given will be. lighter or there is always the possibility that a good solicitor may have the driver acquitted. This may help in reducing any payment which the insurers might have to make to the third party claimant, in which event the fee required by the solicitor will be well worth while from the insurers' viewpoint.

A charge of manslaughter would not be heard in‘a magistrates' court and thus special provision has to be made under a motor policy. One leading insurance group announced recently that under its commercial vehicle policy it will pay up to a maximum of £250 for legal costs for the defence of any authorized driver without age limitation in the event of proceedings being taken for manslaughter or reckless or dangerous driving causing death. Previously this particular insurance group did not give this cover to any driver under 21 years of age.

It must be noted that some insurers only offer cover for manslaughter legal costs for extra premium. This means that a request has to be made for the policy to be specially endorsed to include the risk if you happen to deal with such insurers. Even then, there may be a lower age limit for drivers. Thus if you employ young drivers, this is a point to watch carefully.

If a driver is being prosecuted for manslaughter, it is imperative for him to tell his insurer immediately. The insurers can then carry out any investigations and interviews deemed necessary with the least possible delay.

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