27. Legal defence of the insured
- In any legal proceedings derived from a loss covered by the policy, the insurer, unless agreed otherwise, shall bear the costs of the legal defence against the claims of the injured party, appointing lawyers or court attorneys that will defend and represent the insured in the legal proceedings initiated due to civil liability claims covered by this policy, and this will hold true even when said claims are groundless.
- The insured shall offer the necessary cooperation with regard to said defence, undertaking to grant any powers of attorney and personal assistance that might be required.
- Whatever the ruling or result of the legal proceedings, the insurer reserves the right to decide whether or not to initiate the legal appeals that might proceed against said ruling or result, or to accept it.
- If the insurer deems an appeal inadmissible, it shall communicate this to the insured, who will be free to file it exclusively at his own expense, and the former will be obliged to reimburse the legal costs and those for lawyers or court attorneys should said appeal succeed.
- In case of conflict between the insured and the insurer due to the fact that the latter must necessarily have interests contrary to those of the insured with regard to the loss, the insurer shall make this known to the insured, without detriment of the need to carry out those processes that, due to their urgent nature, are necessary for the defence. In this case, the insured may opt to allow the insurer to continue to manage his legal affairs or entrust his defence to another person. In case of the latter, the insurer shall be obliged to pay for the expenses of said legal management for up to the limit agreed in the policy and subject to the regulations set for such purposes by the professional associations of which they are members.
- The appropriate rules regarding fees shall be construed to be the maximum limit on the insurer's obligation.
- Any discrepancies regarding the interpretation of the said rules shall be submitted to the appropriate committee in the relevant professional association.