Recently, the problem of domestic violence has sharply worsened. AXA and our partner AGIPI have decided to include additional guarantees in this case, which provide legal and psychological assistance to all holders and new subscribers of the CAP insurance contract who have been victims of abuse by loved ones. Having this insurance, you have the right to receive free legal (up to 15K€) and psychological assistance (24h/7j). Download the flyer from the link Flyer CAP Assistance violence conjugales.
To learn more about this guarantee, you can download Notice de protection juridique des violences conjugales. And I decided to highlight the main points that relate to legal assistance.
Terms of assistance
In order to receive help in cases of domestic violence, the appropriate conditions must be met. Necessary:
- So that the dispute is not related to obvious violations of rules and regulations by you.
- You have clear evidence of violence.
- Be a subscriber to the CAP AGIPI insurance contract.
This guarantee comes into force immediately upon payment of the first insurance premium and lasts until the end date of the contract.
Legal assistance
The company helps you find a solution tailored to your dispute for protection
your interests:
- Assistance includes an analysis of the legal aspects of the controversial situation.
- Tips to resolve it and determine the strategy to adopt.
- Help you make the best decision on what to do next.
Help in finding a peaceful solution to the conflict
In consultation with you, the company representative contacts your opponent directly to explain your view of the conflict and remind him of your rights.
However, given the nature of your dispute, we may, if appropriate, contact an external service provider. This way you have a free choice of lawyer. In this case, the company bears the costs. More details about the costs incurred by the insurance company are shown in the table below.
When your dispute requires an amicus brief or a bailiff's opinion, the company suggests appropriate service providers with whom it typically works.
Your defense in court
We encourage you to seek legal action if you encounter any of the following situations:
- The peace process was not successful;
- deadlines for taking measures expire;
- you are summoned to court and must be defended.
We warn you that your actions must be timely.
You control the direction of the legal process.
You have a free choice of lawyer. You can choose one from among your friends, after agreement with the insurance company, or, upon your request in writing, the company will offer you a lawyer.
In both cases, you agree with your lawyer on the amount of costs and fees as part of the fee agreement.
This agreement sets out the amount or method of determining the fees to cover expected due diligence, as well as various expenses.
and expected payments. The law makes this convention mandatory except in cases of force majeure.
Once a lawsuit has been initiated, the chosen lawyer becomes yours.
main contact. However, you must inform the company about the status of your
legal process, providing the necessary documents, for example, a decision
courts, etc.
Forced decision
As part of your legal protection, provided that the case is resolved in your favor, the company undertakes to enforce the court decision, provided that such actions are appropriate and if the guilty party is identified and can be found.
The company will find a bailiff and send him all the necessary information that will allow him to take enforcement action against your opponent.
Payment of costs associated with dispute resolution
In the event of a legitimate dispute, we will cover the costs and fees incurred to resolve the dispute, up to a maximum of €15,000 including tax.
Costs and attorneys' fees shall be limited to the maximum amounts for costs, fees and court costs provided for in Article 5.3. Notice de protection juridique des violences conjugales. Amounts recovered in their respect will be deducted from the maximum coverage amount.
Guarantees
You are guaranteed the following areas of law:
Criminal defense
You are covered if you are a victim of violence, threats, abuse or harassment from your spouse, domestic partner or your Pacs Citizen Solidarity Act partner.
The company does not cover disputes arising as a result of:
- If your protection is already covered by a liability insurance policy;
- your disagreement with the Insurance Company;
- revision of the law in the constitution.
Intervention Conditions
The reported dispute is covered subject to the following conditions:
- The event giving rise to the dispute must not have been known to you at the time of the effective date of your CAP insurance subscription.
- You must notify the company of your conflict between the effective date of your insurance contract and its termination.
- Your contract should not be terminated due to non-payment of the membership fee at the time of litigation.
- Your insurance contract must be valid.
- In order for the company to review the information and express its opinion on the appropriateness of further action, you must obtain consent before filing an application to court to initiate new stages and procedures or seek recovery.
Reasons for loss of warranty
You lose the right to guarantee the resolution of a dispute if you make an inaccurate statement about the facts, events or situation underlying the dispute, or more generally about all elements that may be used to resolve it.
Geography
Guarantees are provided for disputes arising out of facts occurring in one of the countries listed below, which are subject to the jurisdiction of a court of one of these countries, and in respect of which enforcement of a decision is also taken in one of these countries:
- France and Monaco.
- Member states of the European Union from January 1, 2021. At the same time, the UK, Andorra, Liechtenstein, Norway, San Marino, Switzerland and the Vatican, provided that you have not lived in them for more than three months in a row.
Table of Covered Expenses
Financial support in the event of a guaranteed dispute occurs within the limits of the maximum amounts in accordance with this table.
Details in the conditions Notice de protection juridique des violences conjugales
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