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Exclusions

Not every service or expense is paid by the Plan, even when a legal matter is covered. Below is a list of services and expenses that are not covered:

     Actions between the Union and participants or their dependents.

     Actions between the Employer and participants or their dependents.

     Actions involving the Plan or any benefits provided by the UFCW Local 1776 and Participating Employers Health and Welfare Fund or under the Legal  Services Plan. 

     Grievance arbitration involving any Plan participant.

     Class action suits, interventions, amicus curiae filings, or other actions not involving the personal, immediate, and direct interest of the covered participant, spouse or dependent.

     Actions between you and another Plan participant.

      Collective bargaining problems.

       Tax return preparation.

       Bankruptcy proceedings.

       Appeal  proceedings.

       Guardianship matters.

       Matters involving commercial, corporate or partnership interests.

       Workers' Compensation or Federal Employer Liability Act cases.

       Suits involving business pursuits, profit-making ventures, patents or copyrights.

       Fines, filing fees, penalties, assessments, deposition costs, witness fees, investigative expenses or any expense that is not a legal fee, such as postage, telephone, photocopying, and printing costs.

       Services for the same action more than once in any 12-month period.

       Matters where the attorney is normally paid a contingency fee or from a fund.

        Services available to you free of charge under another plan or means.

         Real Estate coverage is only for primary residence - no vacation or investment properties are covered by the Plan.

         Real Estate Title searches.

        Any action, matter or proceeding instituted or started prior to the institution of this Plan or a participant’s eligibility under the Plan.

        Power of Attorney.

        Certain services requested to be performed outside of Pennsylvania or New Jersey are subject to indi­vidual benefit limitations and exclusions.  If you seek benefits under the Plan for matters outside Pennsyl­vania or New Jersey, contact the Fund office.

        Anything not specifically covered under the terms of the Plan.

        Any matter which the Plan attorneys determine is clearly without merit or is frivolous.

Please refer to your SPD for a more detailed list of excluded items or contact the Fund office.

   Using Legal Services  

Participant assignments to Legal Service Providers shall be based on county of residence of the participant as follow:
  

Nicholas Clemente, Esquire Eric Young, Esquire
Nicholas Clemente, P.C. Kenney, Lennon & Egan
Two Logan Square 3031 C Walton Road, Suite 202
Eighteenth & Arch Streets Plymouth Meeting, PA 19462
12th Floor (610) 940-9099
Philadelphia, PA 19103 eyoung@kle-law.com
(215) 790-4000  
naclemente@clementepc.com  
   
        County Of Residence           County Of Residence
Bucks Adams                     Schuylkill
Burlington Berks                      Stafford
Camden Carbon                    Warren
Cape May Chester                   Washington
Delaware Cumberland            York
Gloucester Dauphin
Hunderton Lancaster
Middlesex Lebanon
New Castle Lehigh
Northampton Luzerne
Philadelphia Monroe
Salem Montgomery
Other

This plan is a welfare plan designed to provide basic legal services as described above.  Your rights to appeal a denied claim are the same for the Legal Trust Fund as for the UFCW Local 1776 and Participating Employers Health and  Welfare Fund (the H&W  Fund.) For more information, please refer to the website for the Health and Welfare Fund or your SPD. You may also call the Fund office at (610) 941- 9400 or toll free at  1-800-458-8618 to obtain information on how to appeal a denied claim.