Your Membership Agreement
Changes to the LegalWise Membership Agreement.
Effective from 1 January 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 3 – INSURED MATTERS
We are reintroducing an Excess amount payable as a condition for Cover and have amended the wording of Section 3 (f) accordingly.
Section 3 (f) You have paid the Excess Amount Payable as shown in Your Schedule of Insurance (if You use a Lawyer who is not on Our Network, We will deduct the Excess Amount Payable from any amount due to the Lawyer. If You already paid the Lawyer, it will be deducted from what is due to You. We have to pay that Lawyer in terms of Your Legal Expenses Insurance claim).
The Member is liable to pay an excess towards the legal expenses equal to 2 x times their current premium at the time the claim was reported in respect of each matter.
The excess fee is payable by the Member to the Lawyer and will therefore be deducted from the invoices submitted by the Lawyer.
SECTION 4 – INSURED MATTERS AND RELEVANT EVENTS
We are limiting the number of Domestic Violence and/ or Protection Order matters.
Section 4 (9) A VIOLATION of your rights in terms of the Domestic Violence Act and/ or the Harassment Act. We will pay for only 1 (one) Domestic Violence or Protection Order matter over a continuous 1 (one) year period of Paid-Up Membership;
The definition of a Place of Residence has been amended.
Section 4 (13) “Place of Residence”, is the address provided by You and captured on Our system. Only 1 (one) property is covered at any given time. Events involving a holiday home and other places of residence rented or owned by You are excluded;
We are limiting the number of Eviction Orders covered and the jurisdiction in which the matter can be heard to enjoy cover.
Section 4 (21) THE FAILURE by the seller of a property, or a third party living in the property in terms of the sale agreement. We will pay for only 1 (one) Eviction matter over a continuous 1 (one) year period of Paid-Up Membership. We will only pay Your legal expenses for action in the Magistrate Court;
SECTION 6 – EXCLUSIONS
We added wording in the description of Business to remove any ambiguity and uncertainty.
Section 6 (1) Business activities (including activities relating to a proposed business) and Your acts in any business as a director, public officer, agent, shareholder, partner, sole proprietor or part owner.
We've added the wording 'Customary Marriages' to this section.
Section 6 (2) Marriage, (including Customary Marriages) divorce, enforcement or annulment of a divorce order, alimony, maintenance disputes, maintenance investigations, enquiries or other proceedings related to custody of children, visitation rights, child support, guardianship, paternity, engagement or promise to marry and living together as husband and wife or as Life Partners.
We've added a new exclusion that deals with disputes arising out of a husband and wife or Life Partners living together and have defined what 'living together' means.
Section 4 (3) Any dispute that may arise as a result of living together as husband and wife or as Life Partners;
Living together as husband and wife or as Life Partners means that you were in a relationship, you shared a residence and as a result of the living arrangement a dispute arose.
SECTION 7 – LEGAL EXPENSES WE PAY
We added in a new sub section that deals with repudiations based on prospects of success where the Member continued to pursue the matter and won.
Section 7 (10) We may reconsider paying the legal expenses of a previously repudiated matter on the basis that Your chances of success were not better than not succeeding and the matter proceeded to Court and You won the matter.
If the claim is repudiated based on 'no prospects', and is not coupled with any other exclusion as per the LegalWise Agreement, and the matter proceeded to Court and you won, LegalWise will pay the legal expenses in terms of the applicable Tariffs, up to the maximum cover available. Each matter will be assessed on its own merits.
SECTION 14 – DISPUTES AND COMPLAINTS
We've made a few changes to this section of the Agreement. In Section 14 (2) we have just clarified that your objection must be in writing.
Section 14 (2) We will reconsider the matter and let You know Our decision within 10 days of receiving Your written objection. If We still decide not to pay what You claim and Our decision:
We've added in a new clause –
Section 14 (2) (b) is based on the fact that the maximum limit of indemnity was paid, Our decision is final.
And added wording to –
Section 14 (2) (c) is based on any other reason or fact relating to the matter under consideration, and You request it in writing, We will pay an Independent Referee nominated by Us, to review it. S/he will review Our decision and give Us a recommendation.
GoldPLUS and Platinum Membership Addendums
Finally, under the GoldPLUS and Platinum Membership Addendums, we've added the new LegalWise Legacy Accumulator benefit https://bit.ly/4a2NXue