GENERAL EXCLUSIONS FROM ALL LEGAL
SERVICES BENEFITS OF THE FUND
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All legal services provided by the Westchester Putnam Teachers Legal Services Fund have been specifically stated and described. Any legal service that has not been so described can be considered excluded from the Legal Services Fund Plan of Benefits.

 

However, in order to guide the member in his/her utilization of the Legal Services Fund benefit package, this section lists specifically, but without limitation, particular exclusions from the Plan of Benefits:

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Any controversy, dispute or proceeding with or against the employer or the employerʼs agents or officers;

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Any controversy, dispute or proceeding directed against any participating Union or any of its affiliated bodies, e.g., the participating Welfare or Benefit Fund, or any of the officers, agents or attorneys of said Union and its affiliated bodies;

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Any controversy, dispute or proceeding in which the Legal Services Fund would be prohibited from defraying the cost of legal services by any provisions of the law;

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Any controversy, action or proceedings in which representation on a contingent fee basis is normally and customarily available or where the fee is payable by virtue of statute or by order of court;

Class actions or interventions or amicus curiae activities. Two or more parties may not pool or combine their benefits for the purpose of asserting a claim in which they have a mutual interest;

Any matter concerning the preparation of filing of income tax returns, or the payment of income taxes;

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Any controversy, action, proceeding or dispute in which the legal services are available through insurance or through any government agency or attorney (Federal, State or local);
 

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Any controversy, dispute or proceeding in which the member was previously represented by a lawyer;
 

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Any controversy, dispute, proceeding or matter which involves a memberʼs business, commercial or investment interest;
 

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Any legal expenses incurred for a matter which commenced before the member became eligible to receive a benefit under the Plan;
 

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Any controversy, dispute, proceeding, matter or transaction that cannot be litigated or otherwise handled within Nassau, Suffolk, Westchester, Putnam, Rockland and Dutchess Counties, New York City and its metropolitan areas as described in the Legal Defense Benefit section;
 

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The Fund will not pay claims for services or advice when such activity involves a duplication of the same service or advice previously obtained in connection with the same problem and previously claimed for under the Plan;
 

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The Fund will not pay court costs and/or filing fees, nor in any event will the Fund pay fines, penalties or any amounts in which a member or memberʼs eligible dependent may be cast in judgment.
 

IF YOU HAVE ANY QUESTIONS ABOUT
COVERAGE, BENEFITS OR EXCLUSIONS,
PLEASE CONTACT YOUR LOCAL FUND OFFICE.
THEIR ADDRESSES AND TELPHONE NUMBERS
ARE LSITED IN THIS BOOKLET ON PAGE 3.