Definitions
“CLAIMS ADMINISTRATOR” - means LegalEASE; or its subsidiary.
“CONTESTED DIVORCE” - refers to a divorce proceeding that requires more than 5 hours of attorney
time, and involves disputed issues and both parties are represented by an attorney.
“COVERED FAMILY MEMBER” – – means the Member’s spouse or domestic partner and Member’s
unmarried dependent children, including stepchildren, legally adopted children, children placed in the
home for adoption and foster children, up to age 19, and from age 19 up to 26 years if they are enrolled
in an accredited school or college as full-time student(s) and are primarily dependent upon the Member
for support
“COVERED SPOUSE” - means the Member’s lawful spouse or Domestic Partner at the time the coverage
is in effect.
“DOMESTIC PARTNER” – means the Member’s domestic/civil union partner as defined by the jurisdiction
in which the Member primarily resides.
“DURABLE FINANCIAL POWER OF ATTORNEY” –a legal document that allows an individual to appoint
another person to manage the individual’s finances in the event that he/she is unable to do so him/her
self.
“EFFECTIVE DATE” - means the date the Member’s coverage hereunder begins.
“HEALTH CARE COVERAGE” – means coverage of a Member under any health care or health insurance
policy or any policy that covers as its primary function any aspect of an individual’s health.
“HEALTH CARE OR MEDICAL POWER OF ATTORNEY” – A legal document that allows an individual to
appoint another person to make medical decisions in the event the individual is unable to do so him/her
self.
“INTERNET PURCHASE” - A purchase of goods or services whose cost is over $200.00 at the time of
purchase by a Member from a website on the Surface Web, as defined.
“LEGAL PLAN ADMINISTRATOR” – LegalEASE, its affiliates, officers, directors, employees, and/or
agents, including third party organizations and their affiliates, officers, directors, employees, and/or
agents, hired by LegalEASE to perform services under the Policy.
“LIVING WILL/HEALTH CARE OR ADVANCE DIRECTIVE” – A legal document that outlines an individual’s
preferences for medical treatment and which takes effect only when the individual becomes
incapacitated and can no longer express his or her wishes.
“MEMBER” - refers to the individual who (a) is associated with the Policyholder and/or Plan Sponsor, (b)
has either paid a premium or had a premium paid on his or her behalf, and (c) meets the eligibility
requirements for Covered Services as defined by the Policyholder.
“MEMBER SERVICE CENTER” - means the service location established to assist Members/Covered Family
Members in making full use of the coverage.
“NEIGHBOR” – A person whose residence is located on a property that directly abuts the property on
which a Member’s residence is located.
“NON-PARTICIPATING ATTORNEY” - means an attorney not contracted by the Legal Plan Administrator
who is selected and paid by the Member to provide covered legal services up to the maximum amount
shown under the Non-Participating Attorney column of the Schedule of Benefits.
“PAID IN FULL” - means complete payment in full to a Participating Attorney for covered legal services.
“PARTICIPATING ATTORNEY” - means an attorney contracted by the Legal Plan Administrator to provide
covered legal services at the amount shown under the Participating Attorney column of the Schedule of
Benefits.
“PLAN SPONSOR” - means an organization other than the Policyholder or the Member’s employer that
makes coverage hereunder available.
“POLICY” - means the Group Legal Expense Insurance Policy and the Certificate of Coverage.
“POLICYHOLDER” - means the organization named in the declarations page.
“WE”, “US”, “OUR” AND “COMPANY” - means Virginia Surety Company, Inc.
Covered Services
In consideration of payment and receipt by Us of the applicable premium, all Covered Services are
available to the Member and all Covered Family Members, except as specifically noted below. The
following Covered Services are provided when the Member uses a Participating Attorney. The Schedule
of Benefits chart shows the reimbursement schedule when the Member uses a Non-Participating Attorney.
VSC_LP_C (201910)
Advice and Consultation
LegalEASE Helpline:
Advice and consultation by telephone with a Participating Attorney. Services are available during
normal business hours or in an emergency, on a 24-hour basis. Calls can relate to any personal legal
matter, civil or criminal, except those specifically excluded.
VSC_LP_C_CS_M_000 (201910)
Initial Law Office Consultation:
Up to the maximum as shown in the Schedule of Benefits for office consultations with an attorney on
any personal legal problem, civil or criminal, except those specifically excluded.
VSC_LP_C_CS_M_001 (201910)
Review of Simple Documents:
This benefit includes attorney review, verbal explanations of the meaning or impact of any form or
document, or suggestions for changes to a form or proposed document being drafted of up to the
maximum number of pages as shown in the Schedule of Benefits. This benefit does not include a
written analysis of any form or document.
VSC_LP_C_CS_M_002 (201910)
Miscellaneous Law Office Services
Discounted Legal Services for any Non-Excluded Legal Matter:
This benefit will cover any legal services to review and/or prepare documents, or any other service
required on any legal matters not listed as a Covered Service or Exclusion. This benefit may be used
to extend the coverage for any other service shown in the Schedule of Benefits beyond the limits of
coverage.
VSC_LP_C_CS_M_004 (201910)
Consumer Matters
Document Preparation:
Preparation of any of the following documents:
• Simple Deed (excluding those reviewed or prepared under the real estate benefit) This
benefit is limited to one use per year per Member/Covered Family Member.
• Promissory Note: This benefit is limited to one per year per Member/Covered Family
Member.
• Consumer Dispute Correspondence: This benefit is limited to one use per year per
Member/Covered Family Member.
• Installment Sales Agreement: This benefit is limited to one use per year per
Member/Covered Family Member.
• Simple Affidavit: This benefit is limited to one use per year per Member/Covered Family
Member.
• General Power of Attorney: This benefit is limited to one use per year and can be used for
either a General, Limited, or Durable Financial Power of Attorney.
• Lease Agreement (for the Member/Covered Family Member as a tenant only). This benefit
is limited to one use per year per Member/Covered Family Member.
• Time Share Agreement: This benefit is limited to one use per year per Member/Covered
Family Member.
Consumer Dispute:
Consultation or representation in a dispute relating to consumer goods and services (not directly or
indirectly related to real estate construction or renovation, or landlord/tenant disputes).
This benefit is limited to one use per year.
VSC_LP_C_CS_M_360-4 (201910)
Small Claims Court Representation:
Consultation and/or representation for a consumer dispute filed in small claims court. (Attorney may
not be permitted to attend court hearings in some jurisdictions).
This benefit is limited to one use per year.
VSC_LP_C_CS_M_390-3 (201910)
Mail Order or Internet Purchase Dispute:
The services of an attorney to review the nature of any mail order or Surface Web Internet Purchase
dispute involving the purchaser. This service includes the consultation with the attorney and review
and/or preparation of purchase documents and/or dispute letters. If litigation is commenced in this
matter, the benefit will cover up to the maximum shown on the Schedule of Benefits.
This benefit is limited to one dispute per year.
VSC_LP_C_CS_M_363-2 (201910)
Bank Fee Dispute:
The services of an attorney to review the nature of any (non-business related) bank fee dispute
between the Member and their bank. This service includes the consultation with the attorney and
review and/or preparation of purchase documents and/or dispute letters. If litigation is commenced
in this matter, the benefit will cover up to the maximum shown on the Schedule of Benefits.
This benefit is limited to one dispute per year.
VSC_LP_C_CS_M_364-2 (201910)
First-time Vehicle Buyer:
The services of an attorney for the purchase of a first vehicle. This service includes the consultation
with the attorney at or before closing and/or review and/or preparation of purchase and finance
documents.
This benefit is limited to one vehicle purchase per year and must be the first vehicle purchase of
the Member/Covered Family Member.
VSC_LP_C_CS_M_365-2 (201910)
Vehicle Repair and Lemon Law Litigation:
Services related to the representation of a Member who is entitled under the applicable state
“lemon” law to bring a civil lawsuit (non-business related), up to and including the trial thereof
related to a defective car as defined in the applicable state law. This benefit does not apply to: (1)
any lawsuit related to matters that are not specifically listed under the provisions of the applicable
state fraud laws; (2) lawsuits normally handled on a contingent fee basis; (3) any action for or defense
against a collection or related matter; or (4) matters for which the Member has or is required by law
to have insurance.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_366-2 (201910)
Cell Phone Contract Dispute:
Review of the cell phone contract where the attorney will verbally explain the meaning or impact of
any form or document or make suggestions for changes to a form or document being drafted, of up
to maximum number of pages shown on the Schedule of Benefits. This benefit does not include a
written analysis or explanation of any form or document.
In the event of a dispute over the terms of the agreement between the cell phone company and the
Member, this benefit provides for representation in a dispute relating to the cell phone contract only
if the Member has been sued or named in a small claims court action. This service covers counseling
on prosecuting a small claims court action; helping the Member prepare documents; advising on
evidence, documentation and witnesses; and preparing the Member for trial. The service does not
include the attorney’s attendance or representation at a small claims trial, collection activities after
a judgment or any services relating to post-judgment actions.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_367-4 (201910)
Warranty Dispute:
Review of the warranty policy or service contract where the attorney will verbally explain the
meaning or impact of any form or document or make suggestions for changes to a form or document
being drafted, up to the maximum number of pages shown on the Schedule of Benefits. This benefit
does not include a written analysis or explanation of any form or document.
In the event of a dispute over the terms of the agreement between the warranty company and the
Member, this benefit provides representation in a dispute relating to the warranty or service contract
only if the Member has been sued or named in a small claims court action. This service covers
counseling on prosecuting a small claims court action; helping the Member prepare documents;
advising on evidence, documentation and witnesses; and preparing the Member for trial. The service
does not include the attorney’s attendance or representation at a small claims trial, collection
activities after a judgment or any services relating to post-judgment actions.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_368-4 (201910)
Health Care Coverage Dispute and Records:
Up to the maximum as shown in the Schedule of Benefits for office consultations with an attorney on
any Health Care Coverage dispute, civil or criminal, involving a coverage, benefits, or privacy matter
that arose while the health care or health insurance policy was in effect (as defined by the terms of
that health care or health insurance policy). For a definition of Health Care Coverage, please see the
Definitions section.
This benefit is designed to help the Member understand health care law provisions and coverages
based on the federal and/or state version of this law, and to prepare a bona fide defense to any
denials in coverage valued at more than $1,000.00 in covered medical services under the policy in
dispute.
This benefit also includes the review of simple health care policy coverage documents and the
attorney will verbally explain the meaning or impact of any policy or related document or make
suggestions for dispute letters or documents being drafted, of up to the maximum number of pages
as shown in the Schedule of Benefits. This benefit does include a written analysis or explanation of
any form or document but does include the preparation of any of the following documents, up to the
maximum number of pages shown on the Schedule of Benefits: policyholder dispute correspondence,
and simple affidavit. Partial documents cannot be reviewed or prepared, and if the document other
than the actual health care coverage policy is more than the maximum number of pages shown in
the Schedule of Benefits, the benefit does not apply.
Nothing in this benefit will pay or create any obligation to pay any health care or health insurance
benefits to any person for any reason, and any coverage related to this benefit must be related to a
Member’s dispute under a health care or health insurance policy.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_369-2 (201910)
Identity Theft Defense:
Services related to the representation of a Member regarding potential creditor actions resulting
from identity theft, and attorney services as needed to contact creditors, credit bureaus and
financial institutions. It also provides defense services for specific creditor actions over disputed
accounts.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_395-2 (201910)
Estate Planning
Will or Codicil Preparation:
Preparation of one will or codicil (an amendment to an existing will), including the preparation of a
simple testamentary support trust for the dependent children:
VSC_LP_C_CS_M_400A (201910)
Will Preparation: Attorney shall prepare a will or codicil and discuss the legal requirements for
signing the will. This benefit does not cover Complex Wills, as defined in the Definitions section.
This benefit is limited to one use per year per Member/Covered Family Member.
VSC_LP_C_CS_M_400-2 (201910)
Complex Will Preparation: Attorney shall prepare a Complex Will or codicil.
This benefit shall be limited to one Complex Will prepared per year per Member/Covered
Spouse/Covered Family Member.
VSC_LP_C_CS_M_430-2 (201910)
Living Will/Health Care or Advance Directive/Health Care or Medical Power of Attorney:
This benefit covers the preparation of up to 2 of any of the following documents as defined in the
Definitions section per Member/Covered Family Member:
• Living Will
• Health Care Directive
• Advance Directive
• Health Care Power of Attorney
• Medical Power of Attorney
The titles of the above documents may vary by state. When state law allows the information
contained in any two or more of the above mentioned documents to be combined into one document,
then the benefit covers the preparation of only one document and can not be combined to increase
the total allowed benefit.
This benefit is limited to one use per year per Member/Covered Family Member.
VSC_LP_C_CS_M_440/450-3 (201910)
Revocable or Irrevocable Living Trust Document:
Preparation of a revocable or irrevocable living trust for either the Member, Covered Spouse, or a
combined living trust document. This benefit does not include services related to transactions to
fund the trust or transfer assets into it. This benefit does not include tax planning or tax advice. This
benefit does not include the preparation of: a charitable or charitable remainder trust; special needs
trust; tax by-pass or credit shelter trust; asset protection trust; insurance trust; qualified domestic
trust (QDOT); qualified terminable interest property trust (QTIP); or blind trust.
This benefit is limited to one use per year per Member.
VSC_LP_C_CS_M_460-4 (201910)
Probate of Small Estate:
The service of an attorney for the probate of a small estate (an estate that is not subject to current
state or federal estate taxation), up to the maximum as shown in Schedule of Benefits.
VSC_LP_C_CS_M_470 (201910)
Residential Matters
Real Estate Sale, Purchase or Refinancing of Primary Residence:
The services of an attorney for the sale, or purchase or refinancing of a primary residence (where
Member has resided or intends to reside for twenty-seven (27) weeks or more per year). This service
includes the review and/or preparation of closing documents and/or attendance by the attorney at
closing in situations when it is customary for the attorney to do so. This benefit does not include
services performed by or for a title company, or for an attorney acting on behalf of a lending
institution. This benefit does not include any fees or costs other than those related to the attorney’s
review of the purchase/sale documents.
This benefit is limited to one closing per year.
VSC_LP_C_CS_M_500/530/550-2 (201910)
Vacation or Investment Home Purchase, Sale or Refinancing:
The services of an attorney for the purchase, sale, or refinancing of a vacation or investment
residence (where Member has not resided or does not intend to reside for twenty-seven (27) weeks
or more per year). This service includes the review and/or preparation of closing documents and/or
attendance by the attorney at closing in situations when it is customary for the attorney to do so.
This benefit does not include services performed by or for a title company, or for an attorney acting
on behalf of a lending institution. Home equity loans and the sale or purchase of unimproved
properties are not included. This benefit does not include any fees or costs other than those related
to the attorney’s review of the purchase/sale documents.
This benefit is limited to one closing per year.
VSC_LP_C_CS_M_515-2 (201910)
Home Equity Loan Assistance for Primary Residence:
The services of an attorney for the review and/or preparation of a home equity loan on a primary
residence home. This benefit does not include services performed by or for a title company, or for
an attorney acting on behalf of a lending institution.
This benefit is limited to one closing per year.
VSC_LP_C_CS_M_525-4 (201910)
Property Tax Assessment:
The services of an attorney for review and advice on a property tax assessment on a primary residence
(where Member has resided or intends to reside for twenty-seven (27) weeks or more per year). This
benefit includes filing the paperwork, gathering the evidence, negotiating a settlement, and
attending the hearing necessary to seek a reduction of the assessment.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_570-2 (201910)
Tenant Dispute:
Representation of the Member as a tenant in a dispute with his/her landlord. This benefit does not
include representation for a tenant in a dispute with other tenants or for a tenant acting in his/her
capacity as sublessee or sublessor.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_560-4 (201910)
Tenant Security Deposit Dispute:
The services of an attorney to assist the Member as a tenant in recovering a security deposit from
the residential landlord for the primary residence; reviewing the lease and other relevant documents;
and preparing a demand letter to the landlord for the return of the deposit. This benefit covers
preparation for prosecuting a small claims action; helping prepare documents; advising on evidence,
documentation and witnesses; and preparing the Member for the small claims trial. The service does not include the attorney’s attendance or representation at the small claims trial, collection activities
after a judgment or any services relating to post-judgment actions.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_565-2 (201910)
Neighbor Dispute:
The services of an attorney in a dispute relating to a Member’s Neighbor up to the maximum shown
in the Schedule of Benefits. For a definition of Neighbor, please see the Definitions section. Advice
and/or preparation and assistance for a dispute filed in court is covered, although representation in
small claims court is not covered. This benefit does not include matters involving a dispute with a
condominium/homeowners’/property owners association or a housing cooperative board, or any
individual in his/her capacity as a member of a condominium/homeowners’/property owners’
association or a housing cooperative board.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_592-2 (201910)
Financial Matters
Debt Collection Defense:
The defense of any dispute involving personal (non-business related) debt. This benefit includes
correspondence, negotiating with creditors to arrange a repayment schedule, assistance in limiting
harassment by bill collectors, and negotiating settlement after a complaint is filed. This service does
not include defense against execution of a court-ordered judgment or efforts to vacate or set aside
a judgment.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_600/620-2 (201910)
Bankruptcy:
Representation on behalf of the Member for personal (non-business related) bankruptcy protection
under Chapter 7 or 13 of the Internal Revenue Code.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_630-2 (201910)
Foreclosure:
Defense of the Member in an action to foreclose on the Member’s primary residence (where Member
has resided or intends to reside twenty-seven (27) weeks or more per year.)
This benefit is limited to one use per year.
VSC_LP_C_CS_M_640-2 (201910)
Tax Audit:
Includes the services of an attorney (but not accounting services) during a personal (non-business
related) tax audit required by federal and state tax authorities and negotiations relating to it. This
benefit does not include a defense against criminal charges nor the defense of civil tax litigation in
any tax court.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_650-2 (201910)
Family Matters
Separation, Divorce, Civil Annulment:
Legal representation of the Member for up to the maximum shown on the Schedule of Benefits in an
uncontested separation or civil annulment; consent or default divorce, uncontested divorce or
Contested Divorce. An uncontested separation, divorce or civil annulment does not involve significant
disputed issues and the parties resolve any issues prior to any court supervised proceeding. A consent
or default divorce does not involve any disputed issues and the opposing party is not represented by
counsel. The benefit for uncontested matters does not provide any coverage of an attorney’s fee for:
(1) services in excess of the maximum shown on the Schedule of Benefits; the Member must pay the
attorney’s fee for services in excess of the maximum; or (2) contested matters in which case the
Member must pay the attorney’s fee for services, unless the coverage includes contested matters
and the benefit shall be in accordance with the Schedule of Benefits. A contested separation, divorce
or civil annulment requires more than five hours of attorney time and involves disputed issues.
This benefit is limited to one use per year (representation seeking or defending against interim
order shall constitute a separate use). This benefit applies to the Member and Covered Family
Members only for actions not involving the Member as an opposing party.
VSC_LP_C_CS_M_710/720/730-2 (201910)
Post-Divorce Proceedings:
Legal representation of the Member for up to the maximum listed on the Schedule of Benefits in a
contested or uncontested post-divorce proceeding. An uncontested post-divorce proceeding does not
involve significant disputed issues and the parties resolve any issues prior to any court supervised
proceeding. The benefit for uncontested matters does not provide any coverage of an attorney’s fee
for: (1) services in excess of the maximum listed on the Schedule of Benefits; the Member must pay
the attorney’s fee for services in excess of the maximum; (2) contested matters in which case the
Member must pay the attorney’s fee for services, unless the coverage includes contested matters
and the benefit shall be in accordance with the Schedule of Benefits. A contested post-divorce
proceeding requires more than five hours of attorney time, involves disputed issues and requires that
both parties be represented by an attorney. This benefit includes custody, support, and alimony
proceedings.
This benefit is limited to one use per year. This benefit applies to the Member and Covered Spouse
only for actions not involving the Member as an opposing party.
VSC_LP_C_CS_M_733-2 (201910)
Prenuptial Agreement:
This service covers the preparation of an agreement by a Member and his or her fiancé/partner prior
to their marriage or legal union (where allowed by law), outlining how property is to be divided in
the event of separation, divorce or death of a spouse. Representation is provided only to the Member.
The fiancé/partner must have separate counsel or must waive representation.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_705-2 (201910)
Name Change:
Services required to accomplish a legal name change for a Member/Covered Family Member.
This benefit is limited to one use per year per Member/Covered Family Member.
VSC_LP_C_CS_M_740-2 (201910)
Guardianship/Conservatorship:
Services required to establish a Member/Covered Family Member as the guardian(s) or conservator(s)
of another. This benefit does not include fees for a court-appointed attorney for the
child/conservatee.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_750-2 (201910)
Government Agency/Stepparent Adoption:
Legal representation up to the maximum shown in the Schedule of Benefits in a governmental agency
or stepparent adoption. An uncontested adoption does not involve significant disputed issues. This
benefit does not include: (1) contested termination of parental rights; (2) fees for a court-appointed
attorney for the child; or (3) adoptions(s) made through any agency other than a governmental
agency. A contested adoption requires more than five hours of attorney time and involves disputed
issues.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_760/770-2 (201910)
Juvenile Court Proceeding:
Services related to the representation of the dependent child of a Member/Covered Family Member
in any juvenile court proceeding, provided the child’s interest is not in conflict with the Member’s
and/or Covered Family Member’s interest. This benefit does not cover any matter that falls outside
the jurisdiction of juvenile court.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_780-2 (201910)
School Administrative Proceeding:
Services needed for a dependent child of a Member/Covered Family Member for consultations, and
review or help with preparation of documents prior to the representation of the dependent child in
any school administrative proceeding (not including expulsion), provided the child’s interest is not in conflict with the Member’s and/or Covered Family Member’s interest. This benefit does not cover
any matter that falls outside the jurisdiction of the school in which the child is officially enrolled.
This benefit does not contemplate any attendance or representation by the attorney at or prior to
any administrative hearing or appearance.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_782-2 (201910)
Civil Matters
Civil Litigation Defense:
Services related to the representation of a Member who is a named defendant in a filed civil lawsuit
(non-business related), up to and including the trial thereof. This benefit does not include: (1) any
debt collection or family law matters; (2) lawsuits normally handled on a contingent fee basis; or (3)
matters for which the Member has or is required by law to have insurance.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_800-2 (201910)
Incompetency Defense:
Services related to the representation of a Member in the defense of any incompetency action,
including court hearings when there is a proceeding to find the Member incompetent.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_820-2 (201910)
Discounted Contingency Fees:
Participating Attorneys will handle the matter at a maximum percentage of the gross award. It is the
Member’s responsibility to pay this fee and all costs.
• When state laws set contingency fees: Lesser of 10 % less than state law maximum fee or the
Participating Attorney’s usual fee.
• When state laws do not set contingency fee: Maximum of 29 % if settled before trial, 36 % if
trial is conducted, or 40 % after an appellate brief is filed.
Contingency rate discount applies in those cases where attorneys customarily take a case on a
contingency fee, (an agreed upon portion of any recovery), depending on the outcome of the case.
VSC_LP_C_CS_M_840 (201910)
Mediation:
The services of an attorney for representation at a mediation. This benefit does not include the cost
of the mediator’s services.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_850-1 (201910)
Criminal Defense
Traffic Ticket:
Services related to the representation of the Member in defense of any traffic ticket except driving
under influence or vehicular homicide, including court hearings, negotiation with the prosecutor,
trial, and counseling and preparing Member for self-representation at any hearings if chosen. This
benefit does not cover violations related to a commercial driver’s license. This benefit does not apply
to Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) violations/citations.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_810-3 (201910)
Serious Traffic Matter:
Services related to the representation of a Member who is charged by governing authorities with
moving traffic violation(s) and conviction could result in suspension or revocation of a state-issued
license permitting a person to drive a motor vehicle. This benefit does not cover violations related
to a commercial driver’s license. This benefit does not apply to Driving Under the Influence (DUI) or
Driving While Intoxicated (DWI) violations/citations. This benefit can not include expungements of
misdemeanor convictions. This benefit does not include adjustments to probation or parole.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_900-4 (201910)
Administrative Proceeding:
Services related to the representation of a Member in an administrative proceeding relating to the
suspension or revocation of driving privileges. This benefit does not cover suspension or revocation
of a commercial driver’s license.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_910-4 (201910)
Habeas Corpus Proceeding:
Services related to the representation in a Habeas Corpus proceeding.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_922-2 (201910)
Misdemeanor Defense:
Defense of a Member in connection with criminal misdemeanor charges (not associated with any
felony charge).
This benefit is limited to one use per year.
VSC_LP_C_CS_M_920-2 (201910)
DUI/DWI Defense:
Defense of a Member in connection with Driving Under the Influence (DUI) or Driving While
Intoxicated (DWI) violations/citations misdemeanor charges (not associated with any felony charge).
This benefit does not include employment related DUI/DWI charges. This benefit does not include
misdemeanors relating to a commercial driver’s license. This benefit does not include adjustments
to probation or parole.
This benefit is limited to one use per year.
VSC_LP_C_CS_M_923-2 (201910)
The following is a list of Covered Services available, in addition to the services described in your Certificate of Coverage.
FINANCIAL ADVISOR
Coverage includes a financial counseling Service for Member, and Covered Family Members.
Financial Helpline
Consultation with legal or financial professionals by toll-free telephone during normal business hours. Calls can relate to
investment strategies, debt matters, budgeting or any personal financial planning question.
IDENTITY THEFT PREVENTION/RECOVERY ASSISTANCE
Coverage includes a basic Identity Theft HelpLine Service as well as a comprehensive Online Identity Theft Prevention and
Assistance Service for Member, and Covered Family Members.
Advice and Consultation
Telephone consultations (10 per year) with a Trained Identity Theft Recovery Specialist.
Additional Benefits
a) Personal Recovery Kit – designed to walk a victim of identity theft step-by-step through the process of recovery (designed
to be utilized in conjunction with the consultations with the Recovery Specialist).
b) Recovery Letter preparation by plan attorney – a plan attorney will draft the simple affidavits to submit to specific agencies
and organizations needed to establish the theft of your identity and prevent further loss of your identity and credit rating.
c) Review of necessary recovery legal documents (up to 6 pages each).
Obtaining Benefits
Claim for Benefits
1. Members should call the Member Service Center to confirm the potentially applicable benefit(s)
prior to consulting with any attorney. The Member/Covered Family Member must provide all
information requested with respect to the circumstances of an insured event or service provided.
The Member Service Center will assign a Participating Attorney to provide services relative to
the matter. Failure to notify the Member Service Center within thirty (30) days following
consultation with an attorney may result in a denial of benefits.
2. To confirm coverage for matters to which Managed Case Rules apply reference Managed Case
Rules in the Schedule of Benefits.
3. Members and/or Covered Family Members who are requesting services must remain enrolled and
continue to pay premium hereunder.
4. Upon completion of a Covered Service, the Member/Covered Family Member may be required by
the Participating Attorney to sign a confirmation of completion. Failure to sign the confirmation
may result in denial of the claim and the Member/Covered Family Member will be responsible
for all legal fees.
5. If the Member/Covered Family Member pays for pre-authorized services provided by a Non-
Participating Attorney, the Member must submit a reimbursement form (provided by Member
Service Center) accompanied by an original itemized bill, proof of payment and supporting
documentation sufficient to demonstrate the work completed in the matter within sixty (60) days
after incurring the legal fees. Benefits provided to the Member/Covered Family Member for
Covered Services are subject to the maximum as shown in the Schedule of Benefits.
6. Payment by Us for Covered Services does not preclude the attorney (whether Participating or
Non-Participating) from seeking and recovering attorney’s fees from an opposing party, where
authorized by law, court rule, or contract, at the attorney’s customary or prevailing rate. If the
Member/Covered Family Member receives reimbursement of attorney’s fees, then the
Member/Covered Family Member agrees to reimburse Us for payments issued.
Disputes Between Member and Covered Family Member
In the event that the Member and one of the Covered Family Members are involved as adversaries in a
dispute that is a Covered Service, only the Member will be covered.
If two or more Covered Family Members are involved in a dispute that is otherwise covered, no coverage
will be provided.
If two Members are involved as adversaries in a dispute that is a Covered Service, separate coverage for
each Member will be provided.
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Exclusions
The following benefits are excluded:
Appellate court proceedings, class actions, interventions, malpractice proceedings, actions in which
punitive damages are being sought, derivative actions and amicus curiae filings.
The preparation and filing of individual, partnership or estate tax returns, appellate or administrative
proceedings related to tax returns, litigation before the U.S. Tax Court, U.S. Court of Claims or any other
federal, state or other courts with respect to tax matters.
Legal services that are fully paid for or provided at no cost by any governmental agency, organization or
insurance company.
Matters that the attorney deems frivolous, spurious, harassing, or unethical or otherwise prohibited by
the Model Rules of Professional Conduct of the state in which the attorney is licensed.
Costs associated with covered legal services, including but not limited to, all fines, court costs, penalties,
sanctions, expert witness fees, bonds, bail bonds, attorney fees awarded as part of a judgment, exhibits,
deposition costs, filing fees, transcripts, postage, telephone, photocopying, recording fees, messengers,
judgments, jury fees, court reporter fees, investigative costs, mediator or arbitrator fees, and all other
incidental and out-of-pocket legal and litigation costs.
Any services on behalf of a Covered Family Member against the interests of the Member.
Any dispute or proceeding against the following persons or entities, their officers, directors, employees,
or agents: any person or entity involved in the sale, marketing, administration or other processes related
to the Policy; Legal Plan Administrator or its subsidiaries; Claims Administrator or its subsidiaries;
Policyholder; Member’s employer; Virginia Surety Company, Inc. and it’s parents, subsidiaries or any
affiliated or successor company, plan underwriter or reinsurer; Plan Sponsor; or any Participating and/or
Non-Participating Attorney, if the dispute or proceeding pertains to services provided under the Policy.
The Policy does not allow benefits listed under the Covered Services section to be combined for one legal
matter.
Where there are specific hours or dollar amounts provided in the Policy, or where a maximum is set
under the Managed Case Rules, the Member will be responsible for all attorney fees incurred which
exceed the maximum. Additional exclusions related to each benefit are included in the Covered Services.
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Matters relating to: securities, trademark or patent matters; business or commercial interests, including,
but not limited to, professional, partnership and/or corporate matters; matters arising out of a
Member/Covered Family Member’s role as an officer or director of an organization; matters involving the
law or laws of jurisdictions other than the United States and its territories, except as specifically
described under Covered Services; any matters involving a government (domestic or foreign) entity or
agency except as specifically described under Covered Services; farm related issues.
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Matters involving commercial or rental property transactions, including the purchase, sale or lease of
investment or income-producing property. A multi-family residence, whether or not used by the
Member/Covered Family Member as his or her primary residence, is deemed an investment or incomeproducing
property.
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Any employment-related matter. This includes, but is not limited to, any dispute involving the Member’s
employer or its affiliates, their officers or directors, the Member’s employee benefit plans, credit unions,
programs or arrangements sponsored by an employer, or cases involving workers’ compensation,
unemployment compensation, sex harassment, and age discrimination.
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Except for consultation, the Policy will not provide benefits in connection with pre-existing matters,
which includes any matter where the Member/Covered Family Member is on notice as to a pending legal
dispute or has previously contacted an attorney except when prior coverage under another Legal Plan
provided by the Policyholder can be demonstrated.
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General Provisions
Attorney-Client Relationship
All attorneys are subject to the authority of the state Supreme Court and the state bar association of the
state(s) where they are licensed to practice. The Member has the unrestricted right to choose an
attorney. The Member’s relationship with an attorney is privileged and strictly confidential. We will not
interfere in the attorney-client relationship or in the attorney’s independent exercise of his or her
professional judgment. Participating Attorneys are not certified specialists. Participating Attorneys are
not agents or employees of either the Legal Plan Administrator or Us.
The Member shall authorize the Participating Attorney to provide the Legal Plan Administrator with
information and supporting documentation on the number and type of services provided to the Member.
By using legal services benefits that are provided under the Policy, the Member agrees that neither We,
nor the Policyholder, nor any other person involved in the marketing or administration of the Policy, shall
have any liability for the acts, errors or omissions of an attorney providing services, in whole or in part.
Non-Participating Attorney Services
If the Member already has an attorney, the Member may prefer to use her/him as a Non-Participating
Attorney. To do so, the Member must first contact the Member Service Center and notify the
representative of his/her intention to use a Non-Participating Attorney for a Covered Service. The
Member Service Center will send the Member a claim form which must be completed and returned in
order to request reimbursement. The Member’s reimbursement will be based on the reimbursement
schedule shown under the Non-Participating Attorney column of the Schedule of Benefits. If a Member
has a Non-Participating Attorney he or she would prefer to work with, the Legal Plan Administrator may
elect to offer to negotiate with the attorney on behalf of the Member but cannot guarantee the Non-
Participating Attorney will accept the Plan Discounted Rate.
Subrogation and Coordination of Benefits
All benefits will be subject to subrogation and coordination of benefit rules. For the purpose of
subrogation, We may require the Member/Covered Family Member to assign all rights of recovery of
legal fees to the extent that payment is made by Us. The Member is entitled to complete
reimbursement for recovery of legal fees paid by the Member before the Company is entitled to
recovery or subrogation proceeds. If an assignment is sought, the Member/Covered Family Member
must cooperate in providing the assignment.
Legal Terminology
The Member or Covered Family Member may call the Member Service Center to obtain a definition or
explanation of any term used herein.
Premium Refund Provision
In the event that the premium mode is other than monthly and the Group Policy is terminated or the
Member elects to terminate the coverage, a pro-rata premium refund will be made in accordance with
the insurance laws of the Policyholder’s state.
Secondary Coverage
If the Member/Covered Family Member is entitled to receive legal services or reimbursement for legal
services from any other person or organization, the coverage available under the Policy would be
considered excess as defined in the National Association of Insurance Commissioners Model Coordination
of Benefits Provisions.
Termination and Cancellation of Coverage
Coverage provided to the Member shall terminate upon the first of the following to occur:
e. The date notice is received or the date the Policyholder requests cancellation. The
Policyholder may cancel the Policy by sending written notification by mail, fax or e-mail;
surrendering the Policy; or providing verbal notice. If the Policyholder provides verbal notice,
We will require the Policyholder to provide written confirmation of cancellation.
f. The date notice is received or the date the Member requests cancellation. The Member may
cancel the coverage by sending written notification by mail, fax or e-mail; surrendering the
Certificate of Coverage; or providing verbal notice. If the Policyholder provides verbal
notice, We will require the Member to provide written confirmation of cancellation.
g. Cancellation or termination of the Group Policy;
h. If applicable, the Member fails to re-enroll;
i. The Member is no longer associated with Policyholder; or
j. The Member fails to remit premium when due, subject to the statutory grace period.
Coverage provided to a Covered Family Member of a Member shall terminate upon the first of the
following to occur:
c. The Member’s coverage is cancelled or terminated; or
d. The family member ceases to qualify as a Covered Family Member as defined in the
Definitions section.
When coverage for a Member/Covered Family Member terminates and a matter is unresolved when
coverage terminated, then any further legal work between said Member/Covered Family Member
and the Participating Attorney shall be outside the scope and coverage of the Policy. The
Participating Attorney shall not be obligated to provide any benefits under the Policy and any further
legal services shall be based upon an independent and separate fee agreement entered into, if at
all, between the former Member/Covered Family Member and the attorney. If such an agreement is
not entered into, then the Participating Attorney may withdraw from any further representation in
accordance with applicable law and State Bar standards.
The Company shall provide written notice of cancellation to the Policyholder and Member at least
forty-five (45) days prior to the effective date of such cancellation. If the Company cancels for nonpayment
of premium, the Company shall provide written notice of cancellation to the Policyholder
and Member at least ten (10) days prior to the effective date of such cancellation. All notices shall
state the reason for cancellation.
Illegal Activity, Misrepresentation and Fraud
We will not provide coverage if the Member/Covered Family Member has intentionally concealed or
misrepresented any material fact or circumstances or been involved in any illegal activity related to the
Policy or claim. We will not provide coverage if doing so would be in violation of any United States
economic or trade sanction.
Conformed to Statute
Any terms herein that conflict with the statutes of the jurisdiction where issued are amended to conform
to the statutes.
Assignment of Benefits
The benefits provided herein are not assignable.
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Coverage Territory
The coverage territory includes the United States and United States territories
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Portability
The Member may continue this insurance by electing the option of portability when the Member no longer
qualifies as an employee of the Policyholder or as a Member of the group to which the Group Policy is
issued. The Member must apply for portability within sixty (60) days of this disqualifying event and make
arrangements for premium payment. Portability coverage will take effect, subject to payment of the
initial premium, as of the date the Member’s coverage under the Group Policy terminates.
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