If the Member is a named defendant in a Covered Lawsuit (as defined in the Benefits Overview), the Member may receive an additional 105 hours of trial defense against HOA-related civil liability claims related to the interpretation or enforcement of the Member’s obligations under the HOA Governing Documents: 75 hours of Trial Time, 25 hours of Pretrial Time, and 5 hours of research, with each year of membership.
This additional 105 hours is in addition to the Trial Defense Services provided under the Individual & Family Legal Plan Contract. These additional hours of Trial Defense Services and the total Trial Defense Services under the Individual & Family Legal Plan Contract and this Supplement are shown on the Schedule of Hours in the Benefits Overview.
A Covered Lawsuit is a civil lawsuit against the Member related to the interpretation or enforcement of the Member’s obligations under the HOA Governing Documents when the lawsuit is not initiated by the Member and is filed in a state or federal court, or in an arbitration proceeding that is not initiated by the Member and that is filed in accordance with the HOA Governing Documents.
Pretrial Time is defined as time spent by the Provider Law Firm in defense of a Covered Lawsuit prior to the date of jury selection—or, if it’s a nonjury trial, time spent prior to the date of opening statements. For example, Pretrial Time includes phone calls, mediations, settlement conferences, pretrial scheduling conferences with the judge or a court or arbitration administrator, discovery (written discovery, depositions), and preparation of pleadings, and briefs—including motions for summary judgment or other early dismissal.
Trial Time is defined as time spent by the Provider Law Firm in defense of a Covered Lawsuit, beginning on the date of jury selection—or, if it’s a nonjury trial, beginning on the date of opening statements—and ending on the date of the jury verdict, bench decision (by the judge), or other conclusion of the trial. Trial Time is limited to 8 hours per day and may include Provider Law Firm time both in and out of the courtroom. The hours are available to use on all civil actions filed during a Membership Year.
If more than one civil action is filed against a Member or the Member’s Spouse in a Membership Year, the unused hours remaining at the conclusion of each civil action may be used for any later civil action. Hours that are not used during the Membership Year expire and do not roll over to any later Membership Year.
The Member must continue their membership while any civil action is pending to receive the Trial Defense Services.