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  Legalwise Wiseup  
     
  September 2017  
     
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50 good reasons to get a lawyer on your side
Matters eligible for Insurance Benefits

Take a close look at this easy to understand list of events contained in the new Membership Agreement. You are sure to have experienced, or will experience, one or more of these legal problems. All of them give you a good reason to make use of LegalWise.

The events below in BOLD RED ITALICS are the Relevant Events that must happen after the Waiting Period. The list may not be complete and We may modify or add more Relevant Events at Our discretion.

PERSONAL INJURY, PROPERTY DAMAGE AND CONSUMER MATTERS

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  1. Personal injury, illness, or death of another person or that person’s pet as a result of AN ACT or OMISSION by You or Your pet or children (by “omission” We mean a failure to do something);
  2. Personal injury, illness, or death of a Member or his/her pet as a result of AN ACT or OMISSION by another person or pet;
  3. Damage to the physical property of another person, as a result of AN ACT or OMISSION by You (“physical” excludes intellectual property such as copyright, patents and trademarks);
  4. Damage to Your physical property as a result of AN ACT or OMISSION by another person (same exclusion as in 3.);
  5. A refund or other legal remedy for THE PURCHASE by You of defective consumer goods or services;
  6. BREACH (acting against the terms) of a contract (including a warranty) for the hire or purchase by You of consumer goods or other goods and services;
  7. BREACH of a contract regarding the sale or lending of private property;
  8. A VIOLATION of Your rights in terms of the Consumer Protection Act that causes financial damage to You;
  9. OVER-CHARGING by any supplier.
    “Over-charging” means charging more than agreed fees or rates.

HOME AND ACCOMMODATION MATTERS

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  1. A BREACH of any contract that is necessary to buy or sell Your Place of Residence (necessary contracts include the offer to purchase and a mandate to the estate agent and conveyancer. We do not pay conveyancing fees, transfer duties or contract drafting);
    “Place of Residence”, is the address provided in the application for LegalWise Membership. Events involving a holiday home and other places of residence rented or owned by You are excluded.
  2. BREACH OF CONTRACT or UNLAWFUL CONDUCT by the lessor (landlord), in relation to a lease agreement for Your Place of Residence;
  3. AN ACT or OMISSION by a neighbour or other person that causes damage to Your Place of Residence or household possessions;
  4. THE WRONGFUL ATTACHMENT of Your home or household goods by an officer of court or an asset forfeiture unit of the State;
  5. BREACH OF CONTRACT or FAULTY WORKMANSHIP by a contractor to build, repair, replace, modify or add something to Your Place of Residence;
  6. AN ACT or OMISSION by You involving a lease agreement for Your Place of Residence that results in either: a) cancellation of the lease agreement or b) eviction from Your Place of Residence or c) a claim for damages against You;
  7. WRONGFUL FAILURE by the landlord to refund a security deposit due to You after termination of the lease for Your Place of Residence;
  8. AN ACT or OMISSION by You or Your guests, workers, contractors and pets at Your Place of Residence, which causes damage to a person or a person’s property, resulting in a claim against You;
  9. THE FAILURE by the seller of a property You bought as a Place of Residence, to vacate the property in terms of the sale agreement;
  10. BREACH OF CONTRACT, NEGLIGENCE or OVER-CHARGING by a travel or booking agent, a hotel or other vacation or board and lodging establishment;
  11. NON-COMPLIANCE with the rules by the body corporate or similar body at Your Place of Residence.

MOTOR VEHICLE MATTERS

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  1. Damage to the motor vehicle, motorcycle (“vehicle”) or other property of another person as a result of AN ACCIDENT or COLLISION involving the vehicle driven by You;
  2. Damage to You, Your vehicle or property as a result of a private, public or commercial transport ACCIDENT or COLLISION caused by someone else;
  3. BREACH OF CONTRACT by a seller or lender regarding the terms of a contract to finance a vehicle bought by You;
  4. BREACH OF CONTRACT by a seller regarding the terms of a contract or warranty for the purchase of a vehicle by You;
  5. WRONGFUL REPOSSESSION of Your vehicle under the terms of a credit agreement with You;
  6. DEFECTIVE WORKMANSHIP to Your vehicle by mechanics, panel beaters and related service providers;
  7. WRONGFUL REJECTION of a vehicle insurance claim by You for damage to, or destruction of Your vehicle;
  8. BREACH OF CONTRACT by the seller of a vehicle You bought, regarding transfer of the vehicle and delivery of registration documents and log books;
  9. THE PURCHASE by You of a vehicle with a latent defect. (If You were not aware of the latent defect when You bought the vehicle, it is not Your discovery of the defect that is the Relevant Event. It is the date ofpurchase that is relevant. You are covered only if the date of purchase is after the Waiting Period and while Your Membership is Paid Up);
  10. BREACH OF CONTRACT, NEGLIGENCE or OVER-CHARGING by a vehicle rental company.

EDUCATION MATTERS

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  1. AN ACT or OMISSION by You that results in a disciplinary proceeding by a school or other institute of education that can lead to Your expulsion or suspension as a scholar or student;
  2. BREACH of a contract with You as a scholar or student, by a school or an institute of higher education like a college or university.

 

STATUS, REPUTATION AND IDENTITY MATTERS

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  1. Financial loss or damage to You as the result of A NEGLIGENT ACT by a bank or other person/body after You have notified them of Your identity theft or credit card fraud;
  2. Financial loss or damage to You due to the negligence of a public body when they RECORD or CHANGE Your personal details in public records;
  3. A defamation claim against You based on A COMMUNICATION in writing or in another form (a defamation claim by You is excluded).

EMPLOYMENT MATTERS

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  1. A BREACH of the terms of Your contract of employment or an UNFAIR LABOUR PRACTICE by Your employer;
  2. A NOTICE ISSUED by Your employer for Your retrenchment from employment;
  3. AN ACT or OMISSION by You which is used as the basis for Your dismissal, constructive dismissal or suspension from employment;
  4. Rejection of a claim by You for workman’s compensation for AN INJURY at work;
  5. AN INJURY to You while at work, which may not be covered by workman’s compensation (due to a change in laws or another reason) and for which Your employer wrongfully fails to compensate You;
  6. A CCMA AWARD in Your favour that requires enforcement through an order of court;
  7. An alleged ACT or OMISSION by You as employer, which gives rise to a claim against You by Your domestic employee/s.

BANKING, INSURANCE, PENSIONS, WILLS AND INVESTMENT MATTERS

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  1. WRONGFUL WITHHOLDING or SHORT/LATE PAYMENT of Your pension or retirement benefits;
  2. BREACH OF CONTRACT or UNLAWFUL CONDUCT by a lender of the terms of a credit or loan agreement with You;
  3. WRONGFUL REJECTION of Your claim under an insurance policy. That includes home and contents insurance, life insurance, funeral insurance, medical aid/health insurance, hospital plans, credit life insurance, but excludes any rejection by Us of a Benefit claim by You under this Agreement (see Section 14 for what You can do if You think that We have rejected Your Benefit claim without a good reason);
  4. A wrongful or negligent ACT or OMISSION by a financial institution managing or holding a financial investment of Yours, and which act or omission gives rise to financial damages (this Benefit is restricted to investments up to the Maximum Financial Value shown in Your Schedule of Insurance);
  5. The wrongful or negligent DISTRIBUTION of South African assets to which You are entitled in terms of a will or testamentary trust or the laws of intestate succession (dying without a will). This Benefit is restricted to assets up to the Maximum Financial Value shown in Your Schedule of Insurance;
  6. The DEATH of a person who leaves a will or trust made in South Africa and in which You are a beneficiary and which gives rise to a dispute between You and other heirs about the terms of the will or trust (this Benefit is restricted to trust or deceased estate assets up to the Maximum Financial Value shown in Your Schedule of Insurance);
  7. The negligent CONDUCT of an insurance broker, claims assessor or financial advisor.

CRIMINAL MATTERS

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  1. Subject to the exclusions referred to in Section 6, a criminal charge against You based on AN ACT or OMISSION which the prosecuting authority alleges was committed by You (whether You admit or deny it).
    Please note: We do not pay any fines, penalties or bail money.

How can LegalWise assist you? Should you require an explanation of your rights on any of these 50 legal problems, please contact your nearest Branch.

 
     
     
  Inside this Issue  
 
Letter from the CEO
New Membership Benefits, Limits, Restrictions & Exclusions
50 good reasons to get a lawyer on your side
New Premiums & Insurance Benefits
You’ve signed a contract. Can it be changed?
Great internet access comes with great dangers
What did the judge say? Actual cases
LegalWise employees mobilise their talents for good
How to make the most of your LegalWise Membership
Dear LegalWise
Making it easier for you to keep in touch
Kids Zone!
 
     
   
 
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An Authorised Financial Services Provider (FSP 17008).