# 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: Exception to the free choice of lawyer

Extent: E+W+S+N.I.

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.

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Source: https://www.legislation.gov.uk/eudr/2009/138/article/202 (the official version)
Page: https://openlegislation.uk/eu-directive-2009-138/article-202
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

