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Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA relevance)

article  202

CELEX:  02009L0138-20250117

Exception to the free choice of lawyer
1. Member States may provide for exemption from Article 201(1) for legal expenses insurance if all the following conditions are met:
(a) the insurance is limited to cases arising from the use of road vehicles in the territory of the Member State concerned;
(b) the insurance is connected to a contract to provide assistance in the event of accident or breakdown involving a road vehicle;
(c) neither the legal expenses insurance undertaking nor the assistance insurer carries out any class of liability insurance;
(d) measures are taken so that the legal counsel and representation of each of the parties to a dispute is effected by wholly independent lawyers where those parties are insured for legal expenses by the same insurance undertaking.
2. An exemption granted pursuant to paragraph 1 shall not affect the application of Article 200.