engleski

Lawyers' fees as insured risk in Croatian and European laws

Lawyers' fees may impose a significant financial burden upon parties pursuing their rights in court proceedings. Legal expense insurance shifts that financial burden to the insurer, which makes it financially easier for parties to conduct civil procedures and enables them to pursue their rights. The insurer compensates for legal costs according to the provisions of procedural acts, as well as regulations determining the amount and content of lawyers' fees. With that in mind, the author continues the paper by tackling the issue of covering the risk of lawyers' fees with respect to Croatian law which legal expenses insurers must take into consideration. To conclude with, the paper gives an overview of the case law of the Court of Justice of the European Union, focusing on the cases where the issue at stake was the insured's right to compensation for lawyers' fees out of insurance coverage.

legal expense insurance ; insurance terms and conditions ; lawyers fees ; insured risk

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