1. Each Member State may provide exemption from the application of Article 4(1) for legal expenses insurance if all the following conditions are fulfilled:
(a) the insurance is limited to cases arising from the use of road vehicles in the territory of the Member State concerned;
(b) the insurance is connected to a contract to provide assistance in the event of accident or breakdown involving a road vehicle;
(c) neither the legal expenses insurer nor the assistance insurer carries out any class of liability insurance;
(d) measures are taken so that the legal counsel and representation of each of the parties to a dispute is effected by completely independent lawyers when these parties are insured for legal expenses by the same insurer.
2. The exemption granted by a Member State to an undertaking pursuant to paragraph 1 shall not affect the application of Article 3(2).