Kgwebo Guard Legal Insurance Proposal
Underwritten By BIHL Insurance Company Limited CIPA Registration Number: BW00000505047 Terms and conditions apply.
Kgwebo Guard Insurance Policy Document
About Kgwebo Guard Legal Insurance Cover
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Kgwebo Guard Insurance Policy Document
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Kgwebo Guard Insurance Policy Document
Background Legal Guard is a legal expense insurance provider owned by BIHL Insurance Company.
At its inception, back in 2004, the primary mandate of Legal Guard was to provide personal legal expense insurance cover. This emanated from the escalating costs of engaging services of private attorneys. This placed a great deal of the population at the risk of not affording access to justice.
This conclusion is premised on the following factors: •
SMMEs operate in an increasingly complex business environment and these need to be mitigated through various means.
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The need to appreciate the fact that SMME’s are a significant segment of the potential market in terms of the need to enhance its value proposition
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This would give existing individual clients peace of mind as their businesses would protected
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Exorbitant legal fees prove to undermine the stability and sustainability of business
Based on the similar type of approach, Legal Guard found it fit to extend this kind of cover to SMMEs because SMMEs operate in an increasingly complex business environment. This is attributable to the rise in the volume of legislation and regulation. Because of these dynamics unaffordable legal fees end up undermining the stability and sustainability of these businesses and their owners’ personal being The need for kgwebo guard legal insurance cover for smmes Legal Guard has done a product analysis and have established that the personal lines products need a complimentary product specifically for SMME’s to provide some basic legal services.
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Risk Mitigation: •
Introduction of SMME product called Kgwebo Guard
Kgwebo Guard Insurance Policy Document
About Kgwebo Guard Legal Insurance Cover Kgwebo Guard offers legal insurance cover for Small, Medium and Micro Enterprises .
It offers cover of up to P200 000 annually at a monthly premium of P763. Cover includes: • Labor Matters • Civil Matters • General Legal Advice Drafting of commercial contracts • Advice on Statutory and Regulatory matters • Free Unlimited non – litigation benefits to customers on an annual base. This includes; drafting of sales agreements, contracts and lease agreements. Labour Matters The crux of labour law is that it applies to matters such as employment; remuneration: salary/wages; conditions of work; trade unions and industrial relations ie relations between management and workmen; and the statutory/legal requirements in each industry.
Civil Matters If your SMME is involved in a dispute with a person or another business over money or injury to personal rights, Kgwebo Guard provides your business with the legal backing you require. General Legal Advice Kgwebo Guard provides your SMME with general legal advice. This means that you will be able to receive legal opinions regarding the substance or procedure of the law in relation to your matter. Advice On Statutory & Regulatory Matters It is difficult to keep track of all the laws and regulations binding on all SMME’s, however, Kgwebo Guard puts you at ease as once you are a member, you can easily request advice on the laws and regulations in your work industry to ensure that you are always on the right side of the law. Drafting Of Commercial Contracts Contracts are entered into to ensure that there are no misunderstandings between the parties, and to further ensure that there is clarity on the obligations of each party.
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Kgwebo Guard Insurance Policy Document
Claims Process and Procedure Important Notes
1. This document does not constitute the entire policy and only lays out some of the applying clauses of the policy. For more information on your policy, lodging of claims, complaints and appeals please contact us at any of our branches or on +267 312 1986 (Call Centre). 2. Claims lodgment guidance: Claims may be lodged by claimant in person at any of our branches, or by email, fax and on the website. Please contact the call centre for enquiries at +267 312 1986. The insured will only be covered for a maximum of two (2) concurrent claims within a renewal period (12 Months). Cover of claims shall not be automatic and shall be subject to assessment according to policy provisions. The % cover (sum insured) indicated is the maximum amount payable per claim and/or in the aggregate.
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Terms And Conditions 1. Business covered by policy: This policy provides cover for the insured business only. 2. Claims lodgment timeframes: Please note that this policy has a 3-month waiting period from date of inception of policy. Claims must be lodged with the INSURER within 3 months of insured event and/or becoming aware of the incident leading to lodging of claim. Where client is a defendant or respondent the claim must be lodged with the INSURER within period allowed to respond to documents commencing court proceedings. The INSURER shall not be held liable where the INSURED has failed to timeously lodge their claim. 3. Referral of claims to External Attorneys: The INSURED shall not brief, consult or appoint External attorney prior to the referral of the claim by the INSURER. The INSURED shall be liable for all Legal Costs and Expenses incurred on a matter referred in his/her own capacity.
Kgwebo Guard Insurance Policy Document
4. Information to be given to the INSURER and the External attorney: The INSURED shall promptly give to the INSURER all such information required in support of the submitted claim. Failure by INSURED to provide requested documents and/or evidence of the claim, alternatively to provide a complete and truthful account of the facts shall lead to a repudiation. The INSURED shall bear the cost of providing evidence or information reasonably required by the INSURER.
3. Cover is provided only for legal fees for services rendered by external attorneys and excludes the following: Tracing and search of parties sued in any claim, Deputy Sheriff fees, expert witnesses and Costs for edictal citation (except where explicitly covered by policy).
Limitation Of Cover And Exclusions 1. Matters within the jurisdiction of the Small Claims Court. 2. Legal costs and expenses arising from non-litigious matters. This shall include employment related disciplinary proceedings. This exclusion shall NOT apply where INSURED has purchased cover for disciplinary proceedings.
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1. Corporate Entity / Law Firm Name of Company/ Firm
Trading As Name
Registration No
Postal Address
Physical Address
Email Address
Country of Incorporation Website
Brief description of business
Income Tax Number
VAT Registration Number
2. Contact Person Title
Name(s)
Surname
Date of Birth
National ID / Passport No
Nationality
Capacity / Position
Telephone
Fax
Physical Address Village / Town / City Country
3. Payment Method Account Name
Account Number
Bank Name
Branch
Account Type
Source of Funds/Wealth
Debit Order Date Monthly
Cash Electronic Fund Transfer
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4. Declaration Of Beneficial Ownership The Company hereby confirms and declares that as at the date hereof, the following individual(s) is/are the ultimate principal beneficial owner(s) of the Company / Firm through ownership in the intermediate or ultimate holding companies:
Full Names
Residential Address
Date Of Birth
Nationality
Percentage Of Ownership (%)
5. Anti-Money Laundering And Counter Terrorist Financing Requirements In accordance with the Financial Intelligence Regulations the following documents should be provided for verification: COMPANY • • • • • • • •
Certificate of incorporation Company Extracts Identification documents of the person(s) managing the company Resolution specifying who is authorised to act on behalf of the company Identification document(s) of the person(s) authorised to act on behalf of the company Trading certificate/licence Beneficial owner(s)’ ID, proof of residence and contact details
PARTNERSHIPS • • • • • •
Partnership agreement/ Registered name or Confirmation of law firm from the Law Society Practising certificates of Partners Identification documents of the natural persons who are partners e.g. Certified copy of I.D / Passport Resolution specifying who is authorised to act on behalf of the partnership Identification document(s) of the person(s) authorised to act on behalf of the partnership Identification of authorised signatories Kgwebo Guard Application Form www.legalguard.co.bw
6. Prominent Influential Person -Self Declaration (Also Known as Politically Exposed Person - PEP) A Prominent Influential Person (PIP) is a person defined by the Financial intelligence Act of 2019 to be any person holding the office of: (put a cross “X” on the relevant box)
President, Vice President, Cabinet Minister, Assistant Minister
Judicial officer Senior Executive of a Private Entity, Public Body of Political Party
Speaker or deputy speaker of the National Assembly Councillor
Senior Executive of international Organisation in Botswana
Member of National Assembly (MP)
Kgosi
Senior Government Official
Religious Leader
Title of Position
Jurisdiction of Position
Starting date
Ending Time
PIP in your Immediate Family or a Close Associate:
Full Names
Title
Relationship
Position held
Jurisdiction of Position Starting date
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Ending Time
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6. Declaration I hereby declare that the details furnished above are true and correct for the best of my knowledge and belief and I undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I am aware that I may be liable for it. I further declare that on behalf of THE COMPANY, that we are taking up The Legal Guard, KGWEBO GUARD legal expenses insurance product effective date of signing this document. We have a good understanding of the product and its terms and conditions. I further authorize Legal Guard to collect premium as per the payment method indicated on section 3 I as the client also allow Legal Guard to share my data for purposes of cross selling where it will add value to myself. My data however may not be used for any malicious activities.
Full Names
Designation / Position
Signed at day of
on this 20
Signature
For Official Use only
Name of Intermediary
Date
Signature
Kgwebo Guard Application Form www.legalguard.co.bw
Kgwebo Guard Legal Insurance Proposal
To find out more about Code Green call us on +267 312 1986, enquiries@bihlic.co.bw or visit www.legalguard.co.bw Terms and conditions apply.