Insurance Terms and Conditions for Home Buyer's Insurance (PLUS)
Terms and Conditions of 1 July 2019
1. General Terms and Conditions
1.1 Who is covered by the insurance policy
The insurance policy applies to the person that is named on the insurance certificate and their household (hereinafter referred to as the Insured Party). By household is meant up to two adults who live together and are married or in a marriage-like relationship, as well as any children living in the home on a full- or part-time basis under the age of 20. In the event of a dispute or conflict of interest between members of the household, the insurance shall only apply to the individual named on the insurance certificate.
1.2 Insurance Duration
The insurance policy applies from the date of joining Home buyer’s insurance PLUS via a real estate broker in connection with the purchase of a home. The insurance duration is 12 months. The insurance agreement will thereafter be renewed automatically, cf. Section 3-2 of the Insurance Contracts Act. The insurance duration is shown on the insurance certificate.
HELP Forsikring AS (hereinafter referred to as ‘the Company’) may amend the insurance agreement, including its terms and conditions, as well as premiums, in accordance with Section 3-3 of the Insurance Contracts Act upon maturation of each period.
If the Insured Party does not wish to renew their insurance, they must notify HELP Forsikring AS of this prior to the end of the insurance duration, cf. section 3-4 of the Insurance Contracts Act.
The company reserves the right notify the customer that the insurance policy will not be renewed in accordance with Section 3-5 of the Insurance Contracts Act.
1.3 The Need for Legal Assistance Must Have Arisen During the Insurance Duration
The insurance policy covers the Insured Party’s need for necessary legal assistance, provided that the need for legal assistance that legal counsel will provide occurred during the duration of the insurance.
1.4 Making Claims
The Insured Party must make a claim for the damage/need for legal assistance to the Company without undue delay. If the Company does not receive notification of the damage/need for legal assistance within one year of the circumstances and/or details that the need for legal assistance/case is based upon becoming known to the Insured Party, the right to insurance coverage shall lapse, cf. section 8-5 of the Insurance Contracts Act.
1.5 Norwegian Jurisdiction
The insurance policy only applies to matters governed by Norwegian law, and that have a Norwegian court as their legal jurisdiction.
1.6 Insurance Policy Does Not Apply To
- Cases relating to business matters.
- Disputes with the Company, or cases where there is a conflict of interest between the Insured Party and the Company.
- Matters that relate to the Insured Party’s wilful or fraudulent actions or omissions.
- Matters that are related to injuries as a result of radioactivity, chemical disasters or natural disasters, terrorism, war, revolution/riots or other equivalent events.
2. Areas of Coverage
2.1 Legal Advice and Lawyer Mediation in Disputes
The Insured Party is entitled to legal advice upon establishing property-related legal agreements between cohabitants and spouses (cohabitation agreements and nuptial agreements).
In cases relating to financial settlement following a separation or in a change of spouse, the Company shall cover up to 20 hours of mediation or lawyer mediation between the parties. Mediation and lawyer mediation shall be covered if the conditions under Section 1 are fulfilled, there is a dispute and both parties consent to such mediation.
2.2 Taking Up and Processing Complaints
The Insured Party, in their capacity as a private individual, is entitled to preventative legal advice, as well as legal assistance, during dialogue and negotiations with a counterparty and when complaining to a public appeals body within the following legal areas associated with legal conditions in the area of real estate:
- Housing Cooperative/Commonhold Ownership
- Joint Ownership
- Planning and Building Law
- Tax-related issues related to the renovation and letting of the Insured Party’s primary, secondary and leisure residence, gains through the sale of their home, and decisions relating to property tax where the municipality have used a valuation other than the rate obtained by the Insured Party.
Legal assistance for the aforementioned areas will be provided until the case is deal with by the joint ownership structure, the housing company’s own bodies or is terminated by a decision by the relevant public complaints body.
2.3 Taking Up and Processing Cases in Court
The Insured Party, in their capacity as a private individual, is also entitled to preventative legal advice, as well as legal assistance, during dialogue and negotiations with a counterparty and before the courts in relation to legal conditions in the following areas:
- Inheritance Law
- Consumer purchases and the private purchase/sale of goods. This applies provided that there is a written agreement and the purchase agreement has been entered into while the Insured Party was covered by the insurance agreement. The disputed sum must be in excess of NOK 5,000.
- The consumer purchase of craftsman services. This applies provided that there is a written agreement and the agreement has been entered into while the Insured Party was covered by the insurance agreement. The disputed sum must be in excess of NOK 5,000.
- Neighbour relations under the Neighbour Act and the Boundary Act.
- Tenancy conditions under the Tenancy Act in those cases where the Insured Party rents out all or part of their primary residence or leisure residence in Norway.
- Established easements and appended agreements related to the Insured Party’s primary residence and leisure residence in Norway.
- ID theft, when this results from an unauthorised person with gainful intent using the Insured Party’s identity to open a bank account, apply for a credit card or loan, apply for identification or register a phone subscription or another subscription in the name of the Insured Party.
The insurance does not cover:
- Lawyers appointed by the Company shall not act executors of estates.
- Cases relating to the purchase/sale of real estate, including cases relating to new builds or the total renovation of residential property/leisure property.
- Cases relating to allodial rights and the qualified right of inheritance of agricultural land.
- Cases relating to the expropriation and extension of property and rights.
- Cases relating to agricultural property, including smallholdings.
3. Scope of Coverage
The Insured Party may claim for legal assistance under Section 2 in the form of up to 15 hours of legal counsel per year in matters where there is no dispute. In the event of a dispute under Section 2.1, up to 20 hours of mediation or lawyer mediation shall be covered. In the event of a dispute, up to NOK 2 million per insured event shall be covered under Section 2.2 or Section 2.3. See the provisions in Section 5, the Company’s Obligations and Rights, as to which case costs are covered within this limit.
A case shall be considered a dispute if there is disagreement concerning a claim, or if a counterparty fails to respond to a claim within a reasonable period of time. Legal mediation or lawyer mediation in disputes shall incur an excess of NOK 4,000.
4. Obligations of the Insured Party
It is assumed that the Insured Party shall act in a loyal manner to the Company, including the provision of access to the Company and the lawyer to all relevant documents that they have access to that may be of significance to the matter and coverage under this insurance policy. Furthermore, it is a prerequisite that all questions from the lawyer are answered honestly and to the best of the Insured Party’s ability. The Insured Party shall, at their own initiative, provide details of all circumstances that may be of significance to the case, and shall make themselves available, present property, objects and documents etc. to the extent that the case necessitates this. The Insured Party undertakes to inform the Company of any other relevant insurance schemes that they may be entitled to.
The Insured Party shall not take steps in any case without the prior agreement of the lawyer. See also section 4. In those instance that the Insured Party discovers that they have been subject to illegal and offensive online publication, the Insured Party undertakes to report the matter to the police as soon as possible. The report and confirmation of receipt of the report must be submitted to the Company as soon as possible. Alternatively, the Insured Party may contact the Company to obtain legal assistance to report the matter to the police.
If the Insured Party does not fulfil their obligations under these insurance terms and conditions, the right to coverage under this insurance policy may wholly or partially lapse.
5. The Company’s Obligations and Rights
The insurance covers legal assistance to the extent that the case is covered by the insurance terms and conditions. The Company may refuse coverage for legal assistance if the lawyer representing the Insured Party believes that the claim will not be successful.
Once a case has been reported, the Insured Party will be contacted by a lawyer who has specialist expertise in the legal area that the case pertains to, and who will be responsible for handling the case going forward. If the Insured Party wishes the case to be handled by a lawyer chosen by the Insured Party, this shall be notified to the Company immediately upon registration of the claim, if possible. The Insured Party’s reasonable and necessary legal assistance from a lawyer selected by the Insured Party will only be covered by express request from the Insured Party. Lawyer mediation shall be covered as specified in Section 2.1.
The Company is not responsible for legal costs that exceed the remuneration determined by the court. Where a case in the event of a legal dispute in the judicial system is handled on behalf of the Insured Party by a lawyer other than the Company’s own lawyers, the Insured Party undertakes upon request from the Company to demand that the court fix the lawyer's remuneration in accordance with Section 3-8 of the Dispute Act.
In order for coverage of costs for a lawyer other than the Company’s own lawyers to be approved, the Company must received an itemised timesheet and details of any case costs related to the assignment within two weeks of the conclusion of the assignment. Where such a lawyer has represented the Insured Party in a legal dispute in the judicial system, such a timesheet and details of any case costs must be received in all circumstances by the Company no later than two weeks after the decision in the case is issued by the court in question.
The Company will cover a sum of up to NOK 2 million per insured event. The Insured Party’s costs for reasonable and necessary legal assistance in the case will be covered up to the maximum limit. Lawyer mediation shall be covered as specified in Section 2.1. Legal assistance and mediation shall be covered at an hourly rate with a maximum limit equivalent to the public fee rate (cf. Section 2 of the Public Fee Regulation).
In those instances where the case is handled by a lawyer appointed by the Company, any legal costs and court fees that are imposed as a result of the process will also be covered so long as the total coverage does not exceed the maximum limit of NOK 2 million per insured event. The maximum limit for coverage of legal costs and court fees shall also apply if the Insured Party chooses to use a lawyer appointed by the Company after initiating legal action.
In cases where the Insured Party requests the bankruptcy or a public change of joint ownership or an estate, court fees and advances for the coverage of bankruptcy estate costs will not be covered by the insurance policy.
The Company is not liable for costs incurred without the prior consent of the Company. The Company is also not liable for any costs related to change of lawyer.
In the event of a legal process, the Insured Party shall submit a claim for case-related costs and compensation for other expenses to the counterparty. This claim must in principle be pursuant to the Dispute Act insofar as there is a basis for this. Awarded case-related costs and compensation for other expenses shall accrue to the Company to an amount equivalent to that paid out under the policy. The Company may demand that case costs be paid directly to it by the counterparty. The decision of the court, or the most recent decision of the court in instances where the case is processed by several different courts, shall determine the Company’s claim for awarded case-related costs and other compensation due to the Insured Party.
6. Privacy - electronic communication
The Insured Party consents upon entering into the insurance agreement that all communication may occur electronically.
7. Complaints and Tribunals
7.1 The Company’s Complaints Board
If the Insured Party disagrees with a decision to close a case or not pursue a claim further, they may request that the decision is reviewed by the Company’s independent tribunal. Complaints may be sent by email to:
Telephone: +47 22 99 99 99
Complaints may also be sent by letter to:
HELP Forsikring AS
The tribunal consists of three persons, of which at least one member should have a background in a consumer organisation or in the public sector working on consumer issues, and at least one member should have legal expertise. Resolution by tribunal is free of charge to the complainant.
The tribunal will determine whether the case should continue at the Company’s expense or be closed. The Insured Party shall be informed of the outcome of the resolution by tribunal. The tribunal chairman is entitled to reject appeals that will clearly not succeed.
If the Insured Party chooses to pursue the case at their own initiative and expense following resolution by tribunal, and their case is successful, their necessary costs shall be covered. The assessment shall be carried out on the basis of the regulations concerning the determination of case costs set out in the Dispute Act.
7.2 Other Complaints Tribunals
The Insured Party may also request to submit their case to the Norwegian Financial Services Complaints Board, cf. Section 20-1 of the Insurance Contracts Act. This applies to all parts of the insurance agreement and insurance settlement. Complaints are considered free of charge to the complainant. The complaint should be submitted electronically using the complaints form at www.finansklagenemnda.no. The Norwegian Financial Services Complaints Board may also be contacted by phone on 23 13 19 60 and the secretariat has a duty to provide guidance to the public.
8. Background Law
The Act of 16 June 1989 no. 69 concerning insurance agreements, the Insurance Contracts Act, applies to this insurance agreement.