B. Pre-Trial Time, in the schedule above, is defined as Provider Attorney time rendered in defense of a covered lawsuit prior to the date of jury selection (in a jury trial) or opening statements (in a non-jury trial.
There is also a long list of exclusions for any defense:
Trial Defense Services Exclusions:
1. Defense of any criminal charge.
2. Any lawsuit involving alcohol, drugs, substance abuse, chemical abuse or dependency or the use of medicines, whether prescribed or not, hit-and-run charges or leaving the scene of an accident.
3. Any matter against the Member which arises as a result of business matters or interests (regardless of the form of the entity).
4. Assistance in matters relating to dissolution of marriage, separation, annulment, child custody or other divorce or domestic related issues, or bankruptcy proceedings.
5. Class actions, amicus curiae filings or interventions filed in which the Member is a party or potential party.
6. Pre-existing Conditions.
7. Any matter where, in the Professional Judgment of the Provider Attorney, a claim, defense or legal position is not likely to prevail in court.
8. Garnishment, attachment, collection, appeal or any other post judgment relief action.
9. Counter claims where the Member initiated a lawsuit.
10. Any matter where the Member is acting on behalf of, or representing, another party (for example:executor, administrator, guardian or trustee).