Changes to the LegalWise Membership Agreement.
Effective 1 July 2024.
We've made a few changes to the LegalWise Membership Agreement based on feedback we've received from our Members, our Network of Lawyers and our colleagues.
We've made changes to some of our benefits, limits, restrictions and exclusions. We've also used this update as an opportunity to better explain a few terms to remove any ambiguity and uncertainty.
We've detailed the changes, per section of the Membership Agreement, below. A copy of the new Agreement is available on www.legalwise.co.za or your nearest Branch.
SECTION 1
We've included a definition of 'Paid-Up’
k) 'Paid-Up means that every monthly premium has been paid in full from the date of the Relevant Event/s to the date the matter is reported to Us. There must be no break in Your Membership. Part-payment does not constitute being 'Paid-Up'.
To avoid any uncertainty or ambiguity, we've included 'Paid-Up' in Sections 2 (1) and (2), Section 7, Section 11, Section 17 and the GoldPLUS, Platinum, Extended Family Protection and Teacher, Health Care Professionals and Enforcements Officers Membership Addendums.
SECTION 3
We amended the wording in the section to include all types of matters
b) The 1st (first) Relevant Event happens or commences to happen after the Waiting Period, if a dispute is about a series of Relevant Events.
SECTION 6
We've revised and simplified the wording for our exclusions for criminal matters
Cover for criminal matters differ for serious and non-serious offences and is subject to the following special conditions and exclusions:
a) Serious offences – Schedule 5 and / or 6 offence
- You are not covered for legal expenses for serious offences if You have been convicted of a non-serious offence in the previous six years;
b) Non-serious offences non-Schedule 5 and / or 6 offences;
- You are not covered for legal expenses for non-serious offences if You have been convicted of a non-serious offence in the previous 3 (three) years;
c) Combined serious and non-serious offences;
- If in the 6(six) years before the current charge, You have 3(three) or more previous convictions (serious and / or non-serious) against You for any offence;
d) Based on fraud in connection with this Agreement. This exclusion also applies to Paralegal Services;
e) Where there is an option to pay a fine without a conviction being recorded against Your name;
f) If We have confirmed cover for Your legal expenses for the maximum number of offences shown in Your Schedule of Insurance (see Section 10);
SECTION 8
We've amended and added wording
6(a) For new matters that You report to Us after the Maximum Period to Report a Claim, shown in Your Schedule of Insurance, after cancellation of Your Membership for any reason;
6(b) The legal expenses of an appeal and / or review arising from a covered matter received outside of the maximum period to report a claim is excluded from cover.
11. We do not pay the cost of expert evidence, expert opinions, medical reports and mediator / arbitrator fees that We do not agree to in writing beforehand.
12. We do not pay Your cost and / or Your opponent's cost:
12.1 When You abandon a court case;
12.2 If the court finds that a Legal action by You is vexatious or malicious;
12.3 Arising from a Contempt of Court case against You.
EXTENDED FAMILY PROTECTION MEMBERSHIP ADDENDUM (EFP)
We've amended the qualifying criteria for the benefit effective from 1 July 2024
2. In consideration of the EFP premium in force from time to time, “Family Members” include the persons shown in the Schedule of Insurance as the nominated:
a) Children aged 18 up to turning 21, of the Main Member and his / her Spouse, and which children are not studying full time and who are not financially dependent on the Main Member;
b) Children aged 21 up to turning 25, of the Main member and his / her Spouse.
c) Adult Children aged 25 and over with mental / physical disabilities and are financially dependent on the Main Member and his / her Spouse.
d) Biological parents or adoptive parents of the Main Member;
e) Biological parents or adoptive parents of the Main Member's Spouse.
PLATINUM MEMBERSHIP ADDENDUM
We've clarified that the Platinum Services are paid at the Platinum Services Tariffs
2. In consideration of the Platinum premium in force from time to time; the following services (additional to the services under the Main Membership Agreement), will be provided to You, on condition that it is by Lawyers appointed and paid by Us, as per the Platinum Services Tariffs.
To remove any uncertainty, we've defined the Uncontested Divorce, Child Maintenance and Ante Nuptial Contracts benefits in much more detail; providing definitions, detailing what's covered and not covered and any limits that apply.
GOLDPLUS AND PLATINUM MEMBERSHIP ADDENDUMS
Finally, we've added a number of new services and insurance cover benefits to the GoldPLUS and Platinum Membership options.