Docstoc

CTU Policy wording - Riverport

Document Sample
CTU Policy wording - Riverport Powered By Docstoc
					                                               TAXI / BUS POLICY


Conditional upon the prior payment of Premium by the Insured and the receipt thereof by or on behalf of The Hollard
Insurance Company Limited (hereinafter called “the Company”) the Company shall insure and agrees to indemnify
the Insured in respect of accident loss or damage as provided in this Policy occurring during the Period of Insurance.
Any proposal declaration or statement made by or on behalf of the Insured is the basis of and forms part of this
Policy.
This insurance contract is conditional upon and will come into effect only following payment of the Premium by the
Insured and the receipt thereof by or on behalf of the Company.

NOW THIS POLICY WITNESSETH that subject to the Terms Exceptions and Conditions herein and of any
endorsement hereon

SECTION 1 - LOSS OF OR DAMAGE TO VEHICLE

The Company will indemnify the Insured against loss of or damage to the Vehicle and/or its permanent accessories
and parts whilst thereon.

The Company may at its own option repair reinstate or replace the Vehicle or any part thereof and/or its accessories
and parts or may pay in cash the amount of the loss or damage not exceeding the reasonable market value of the
Vehicle and/or its accessories and/or parts at the time of such loss or damage. The Estimated Value as stated in the
Schedule hereto shall be the maximum amount payable by the Company in respect of any claim for such loss or
damage.

If to the knowledge of the Company the Vehicle is the subject of an instalment sale or similar agreement such
payment shall be made to the owner described therein whose receipt shall be a full and final discharge to the
Company in respect of such loss or damage.

Exceptions to Section 1

The Company shall not be liable to pay for

(a)      Consequential loss arising in any way whatever depreciation in value whether or not resulting from repairs
         following loss or damage wear and tear mechanical or electrical breakdowns failure or breakages
(b)      Damage to tyres by application of brakes or by road punctures cuts or bursts
(c)      Damage to springs due to inequalities of the road or other surface or to impact with such
         inequalities
(d)      More than R2500 in total in respect of any one claim for loss or damage to sound reproduction equipment,
         meters, two-way radios and vehicle telephone systems after deduction of any First Amount Payable
         specified in this schedule.

Extension to Section 1

If the vehicle is disabled by reason of any loss or damage insured under this Policy the Company will pay the
reasonable cost of protection and removal to the nearest repairers and the Insured may give instructions for repairs
to be executed without the previous consent of the Company to the extent of R5 000 (Five thousand Rand) provided
that a detailed estimate is first obtained and immediately forwarded to the Company. The Company will also pay the
reasonable cost of delivery to the Insured after repair of such loss or damage not exceeding the reasonable cost of
transport to the address of the Insured within the territorial limits of this Policy

SECTION 2 - LIABILITY TO THIRD PARTIES

The Company will indemnify the Insured in the event of an accident caused by or through or in connection with the
Vehicle including the loading and/or unloading of such Vehicle (including any vehicle referred to in Section 3 hereof)
against all sums which the Insured is legally liable to pay for compensation including claimant’s costs and expenses
in respect of

(i)      death of or bodily injury to or illness of any person
(ii)     physical loss of or physical damage to tangible property

The Company will pay all costs and expenses incurred with its written consent

The Company shall be entitled at its discretion to arrange for representation at any inquest or fatal inquiry in respect
of any death which may be the subject of indemnity under this Section or for defending in any magistrate’s court any
                                                                                                                      1
criminal proceedings in respect of any act causing or relating to any event which may be the subject of indemnity
under this Section.

Limits of Liability Under Section 2

Provided further that the liability of the Company under this Section in respect of death injury illness loss and/or
damage in respect of any one accident or series of accidents arising out of any one event or occurrence inclusive of
all compensation and all costs of litigation and all other costs and expenses shall be limited as follows -

(a)         In respect of accidents directly or indirectly due to or in                 }
            consequence of fire or explosion                                   } R1, 000,000
(b)         In respect of other accidents                                      }

Extensions to Section 2

1.          In terms of and subject to the limitations of and for the purposes of this Section the Company will indemnify
            any person who is driving such Vehicle on the Insured’s order or with his permission provided
(a)         that such person is not entitled to indemnity under any other policy
(b)         that such person shall as though he were the Insured observe fulfil and be subject to the terms Exceptions
            and Conditions of this Policy insofar as they can apply
(c)         that such person has not been refused any motor vehicle insurance or continuance thereof by any
            insurance company or underwriter

2.          Where more than one Insured is named in the Schedule the Company shall indemnify each Insured
            separately and not jointly and any liability arising between such Insured shall be treated as though a
            separate policy had been issued to each provided that the aggregate liability of the Company shall not
            exceed the applicable Limit of Liability

3.          The Company waives all rights of subrogation or action which it may have or acquire against any other
            person to whom the indemnity applies and each such person shall observe fulfil and be subject to the
            Terms Exceptions and Conditions of this Policy insofar as they can apply

Exceptions to Section 2

     Provided always that the Company shall not be liable under this Section in respect of
     (a) so much of any compensation or claim as falls within the scope of any compulsory motor vehicle insurance
             enactment. This Exception shall apply notwithstanding that no insurance under such enactment is in force
             or has been effected
     (b) death of or injury to or illness of any person in the employment of the insured arising out of and in the
             course of such employment
     (c)   death of or injury to or illness of any person being carried in or upon or entering or getting onto or alighting
            from the vehicle at the time of the occurrence of the event out of which any claim arises
     (d)   death of or injury to or illness of any person being a member of the same household as the Insured
     (e)   loss of or damage to property belonging to held in trust by or in the custody or control of the Insured or
             being conveyed by loaded on to or unloaded from the Vehicle
     (f)   death injury illness loss or damage caused by or arising out of the operation demonstration or use for
            purposes other than maintenance or repair of such Vehicle of any tool or plant forming part of or attached
            to or used in connection with the Vehicle or anything manufactured by or contained in any such tool or
            plant

                                            FIRST AMOUNT PAYABLE

In respect of each and every occurrence giving rise to a claim under this Policy and notwithstanding anything
contained herein to the contrary the Insured shall be responsible for the First Amount Payable as specified in the
schedule of any expenditure (or any less expenditure which may be incurred) for which provision is made under this
Policy including any payment in respect of costs expenses and fees and of any expenditure by the Company in the
exercise of its discretion under this Policy. If the expenditure incurred by the Company shall include the First Amount
Payable for which the Insured is responsible such amount shall be paid by the Insured to the Company forthwith.
The expression “occurrence” shall mean an occurrence or series of occurrences arising out of one cause in
connection with any one motor vehicle in respect of which indemnity is provided by this Policy.

                                 APPLICATION OF LIMITS OF INDEMNITY
In the event of any accident involving indemnity to more than one person any limitation by the terms of this Policy
                                                                                                                         2
and/or of any endorsement hereon of the amount of any indemnity shall apply to the aggregate amount of indemnity
to all persons indemnified and such indemnity shall apply in priority to the Insured



                                        DESCRIPTION OF USE CLAUSE

Use for social domestic and pleasure purposes and use for the business or occupation of the Insured
Excluding
hiring driving instruction for reward racing speed or other contests rallies trials carriage of explosives or carriage of
any load or passengers exceeding the capacity for which it is constructed or licensed to carry or use for any purpose
in connection with the motor trade. The indemnity to the Insured in connection with any vehicle shall operate while
such vehicle is in the custody or control of a member of the motor trade for the purpose of its overhaul upkeep or
repair.

SECTION 3 - TOWING DISABLED VEHICLES
This Policy shall be operative while the Vehicle is being used for the purpose of towing any one disabled
mechanically propelled vehicle and the Company will indemnify the Insured in terms of Section 2 of the Policy in
respect of liability in connection with the towed vehicle
Provided always that
(a)      such vehicle is not towed for reward
(b)      the Company will not be liable by reason of this Section of this Policy in respect of damage to the towed
         vehicle or property being conveyed by such vehicle



                                             GENERAL EXCEPTIONS
A.       The Company shall not be liable in respect of

         1.      any accident injury illness loss damage and/or liability caused sustained or incurred outside South
                 Africa Botswana Lesotho Malawi Zimbabwe Namibia and Swaziland and Mozambique (subject to the
                 repatriation clause as stated in the policy wording) provided however that the Company will indemnify
                 the Insured in terms of Section 1 of this Policy against loss of or damage to the Vehicle whilst in transit
                 by sea between any ports in the aforementioned territories including loading and unloading incidental
                 to such transit

         2.      any accident injury illness loss damage and/or liability caused sustained or incurred while any vehicle
                 in respect of or in connection with which insurance is granted under this Policy is

                 (a)     being used otherwise than in accordance with the “Use Clause” contained in this Policy.
                 (b)     being driven by the Insured or by any other person with the general knowledge and consent of
                         the Insured unless duly and fully licensed to drive such vehicle in the terms of the legislation
                         applying to any territory within the territorial limits to which this Policy applies provided that if
                         such a licence be subject to renewal he has held and is not disqualified from holding or
                         obtaining such a licence provided that this Exception shall not apply whilst the Insured or any
                         person in the employ of the insured who with the general knowledge and consent of the
                         Insured is driving such Vehicle whilst learning to drive if at such time he is complying with the
                         laws and regulations in force relating to learners
                 (c)     being driven by any person whilst under the influence of intoxicating liquor or drugs

         3.      any claim arising out of any contractual liability

B.       This Policy does not cover loss of or damage to property related to or caused by

         (i)       civil commotion labour disturbances riot strike lockout or public disorder or any act or activity which
                   is calculated or directed to bring about any of the above
         (ii)      war invasion act of foreign enemy hostilities or warlike operations (whether war be declared or not)
                   or civil war
         (iii)     (a) mutiny military rising military or usurped power martial law or state of siege or any other event or
                   cause which determines the proclamation or maintenance of martial law or state            of siege
                   (b) insurrection rebellion or revolution
         (iv)      any act (whether on behalf of any organisation body or person or group of persons) calculated or
                   directed to overthrow or influence any State or Government or any provincial local or tribal authority
                   with force or by means of fear terrorism or violence

                                                                                                                            3
         (v)     any act which is calculated or directed to bring about loss or damage in order to further any political
                 aim objective or cause or to bring about any social or economic change or in protest against any
                 State or Government or any provincial local or tribal authority or for the purpose
                 of inspiring fear in the public or any section thereof
         (vi)    any attempt to perform any act referred to in clause (iv) or (v) above
         (vii)   the act of any lawfully established authority in controlling preventing suppressing or in any other way
                 dealing with any occurrence referred to in clause (i) (ii) (iii) (iv) (v) or (vi) above

         If the Company alleges that by reason of clause (i) (ii) (iii) (iv) (v) (vi) or (vii) of this Exception loss or
         damage is not covered by this Policy the burden of proving the contrary shall rest on the Insured

C.       This Policy does not cover loss or damage caused directly or indirectly by or through or inconsequence of
         any occurrence for which a fund has been established in terms of the War Damage Insurance and
         Compensation Act 1976 (No 85 of 1976) or Article 2 of the Assistance Fund of South West Africa Act 1979
         (Act 1 of 1979) or any similar or amending or replacing enactment in any of the territories to which this
         Policy applies

D.       This Policy does not cover

         (a)     Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever
                 resulting or arising there from or any consequential loss
         (b)     any legal liability of whatsoever nature

         directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by
         radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the
         purpose of this Exception only combustion shall include any self-sustaining process of nuclear fission

E.       The indemnity provided by this Policy shall not apply to or include any loss destruction damage or legal
         liability directly or indirectly caused by or contributed to by or arising from nuclear weapons material

CONDITIONS
This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific
meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it
may appear

1.       Notice shall be given to the Company as soon as possible of any accident or loss or damage and if such
         notice is not initially given in writing it shall be confirmed in writing giving full particulars and delivered to the
         Company within 30 days after the occurrence of such accident loss or damage. Every letter claim writ
         summons and/or process shall be notified or forwarded to the Company immediately on receipt by the
         Insured. Notice shall also be given in writing to the Company immediately the Insured shall have
         knowledge of any impending prosecution or inquest in respect of any occurrence which may give rise to a
         claim under this Policy. In case of theft or other criminal act which may be the subject of a claim under this
         Policy the Insured shall give immediate notice to the Police and cooperate with the Company in securing
         the conviction of the offender. In respect of this Condition time shall be the essence of the contract

2.       No admission offer promise payment or indemnity shall be made or given by or on behalf of the Insured
         without the written consent of the Company which shall be entitled if it so desires to take over and conduct
         in the name of the Insured the defence or settlement of any claim or to prosecute in his name for its own
         benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any
         proceedings or in the settlement of any claim and the Insured shall give all such information and assistance
         as the Company may require.

3.       If at the time any claim arises under this Policy there is any other existing insurance covering the same loss
         damage or liability the Company shall not be liable to pay or contribute more than its rateable proportion of
         any loss damage compensation costs or expense. Provided always that nothing in this Condition shall
         impose on the Company any liability from which but for this condition it would have been relieved under (a)
         of 1 of Extensions to Section 2.

4.       At any time after the happening of any event giving rise to a claim or series of claims under Section 2 the
         Company may pay to the Insured the full amount of the Company’s liability under that Section (but
         deducting there from any sum or sums already paid in respect thereof) or any lesser sum for which the
         claim or claims can be settled and relinquish the conduct of any defence settlement or proceedings and the
         Company shall not be responsible for any damage alleged to have been caused to the Insured in
         consequence of any alleged action or omission of the Company in connection with such defence settlement
         or proceedings or of the Company relinquishing such conduct nor shall the Company be liable for any costs

                                                                                                                             4
         or expenses whatsoever incurred by the Insured or any claimant or any other person after the Company
         shall have relinquished such conduct

5.       If during the currency of this Policy any driver’s licence in favour of the Insured or his authorised driver be
         endorsed suspended or cancelled or if he or they shall be charged or convicted of negligent reckless or
         improper driving notification shall be sent in writing to the Company immediately the Insured has knowledge
         of such fact

6.       The Insured must take all reasonable steps to safeguard any Vehicle described in the Schedule from loss
         or damage and to maintain it in efficient condition as envisaged by the Road Traffic Ordinance Act 29 of
         1989 as amended and the Company shall have at all times free and full access to examine the Vehicle or
         any of its components or any driver or employee of the Insured. In the event of any accident or breakdown
         the Vehicle must not be left unattended without proper precautions being taken to prevent further damage
         or loss and if the Vehicle is driven before the necessary repairs are effected any extension of the damage
         or further damage to the Vehicle will be entirely at the Insured’s own risk.

7.       Unless otherwise expressly stated by endorsement hereon nothing contained herein shall give any rights
         against the Company to any person other than the Insured. Further the Company shall not be bound by
         any passing of the interest of the Insured otherwise than by death or operation of law unless the Company
         and until the company shall hereon declare the Insurance to be continued. The extension of the
         Company’s liability in respect of any person other than the Insured shall give no right of claim hereunder to
         such person the intention being that the Insured shall in all cases claim for and on behalf of such person
         and the receipt of the Insured shall in any case absolutely discharge the Company’s liability hereunder

8.       This Policy may be cancelled

         (a)    by the Insured at any time and the Company will be entitled to retain the customary short term
                premium or minimum premium
         (b)    by the Company by thirty days notice given in writing to the Insured at his last known address and
                the Company will retain a pro rata premium

         Provided that if the premium is payable by monthly instalments by bank debit order should any instalment
         be returned as unpaid then the cover provided by this Policy will be deemed to have ceased as from mid-
         night on the last day of the previous month for which premium was received.

         Should the Insured tender payment of the premium subsequent to the unpaid debit order becoming
         apparent the Company may at its sole discretion accept payment and reinstate cover from a date to be
         decided by the Company.

9.       The due observance and fulfilment of the terms conditions and endorsements of this Policy by the Insured
         insofar as they relate to anything to be done or complied with by the Insured and the truth of the statement
         and answers in the said proposal shall be conditions precedent to any liability of the Company to make any
         payment under this Policy. No waiver of any of the terms conditions and endorsements of this Policy shall
         be valid unless made in writing signed by a duly authorised officer of the Company

10.      In the event of the Company disclaiming liability in respect of any claim and legal action be not commenced
         within three months after such disclaimer all benefit under this Policy in respect of such claim shall be
         forfeited

11.      In no case whatsoever shall the Company be liable under this Policy after the expiration of twelve months
         from the happening of the event unless the claim is the subject of pending action or is a claim under
         Section 2

12.      If a claim is made which is in any way unfounded or fraudulent or intentionally exaggerated or if any false
         declaration or statement is made in support of the claim or if any loss damage or liability is caused by the
         wilful act or with the connivance of the Insured all benefit under this Policy will be forfeited

13.      Premium is payable on or before the inception date or renewal date as the case may be. The Company
         shall not be obliged to accept premium tendered to it or to any intermediary after such date but may do so
         upon such terms as it in its sole discretion may determine



                                         REPATRIATION CLAUSE
                                          (Applicable to Mozambique only)

The cover provided by this policy will be applicable while any insured vehicle is in Mozambique subject to the
                                                                                                                      5
following terms and conditions:-

1.       In the event of loss or damage to the vehicle the Insured shall bear the expense of transporting the
         vehicle to the border post into the Republic of South Africa. The Company will thereafter pay in terms of
         this section the reasonable cost of removal from the said border post to the nearest repairers in South
         Africa. The Company shall not be liable for any loss of or damage to he vehicle or any part of it
         subsequent to the accident until it passes through the said border post
2.       In the event of the Insured not Transporting the vehicle to the said border post on the basis of the
         vehicle being a total loss then the onus of proving this will rest with the insured and failure to do so will
         relieve the company of all liability in terms of this policy
3.       The Company shall not be liable for loss or damage to the vehicle arising from theft or hijack or any
         attempt thereat.
4.       Section 2 (Liability to third parties) is deleted (including the liability to Passengers endorsement of
         applicable)
5.       In Addition to any first amount payable stated in the policy the insured will be responsible for an
         additional first amount payable of 10% of the market value of the vehicle

                Subject otherwise to the terms exceptions and conditions of the Policy

                                                ENDORSEMENTS

The following endorsement will apply if stated in the Schedule to be applicable :

1.       THIRD PARTY FIRE AND THEFT LIMITATION

         The liability of the company under Section 1 of the Policy is restricted solely to loss or damage resulting
         from Fire, Self-Ignition or Explosion or by Theft or Hijack or any attempt thereat.

2.       THIRD PARTY ONLY LIMITATION

         Section 1 of the policy is cancelled

3.       PASSENGER LIABILITY EXTENSION

         In consideration of the payment of an additional premium Exception ( c) under Exceptions to section 2 is
         cancelled. The limits of liability of the Company in respect of this Extension are as stated in the schedule of
         this policy.

4.       LOSS OF USE EXTENSION

         In the event of a claim under Section 1 of the Policy the Company shall pay the finance house the
         instalment due, subject to a maximum of R1000 (one thousand rands) per week, calculated pro rata from
         the date of the authorisation for repairs to the insured vehicle by the Assessor or other authorised persons,
         as approved by the company from time to time until the vehicle is available for collection from the repairer

                Provided that –

         a)     The company shall not be liable hereunder if the repair time does not exceed 7 (seven) working days
         b)     The Company shall not be liable hereunder if the repair costs fall within the Policy First Amount
                Payable
         c)     The liability hereunder shall not exceed R4, 000.00 (Four Thousand Rands)
         d)     The Company shall not be liable hereunder for any unnecessary delays

5.       PERSONAL ACCIDENT INSURANCE

         Definitions:

         1.   For the purpose of this insurance the term “Insured Person” shall mean the Driver and/or the
              Passengers in the nominated vehicle at the time of the accident
         2.   The “Nominated Vehicle” is the vehicle stated in the schedule of the policy

         Insuring Clause:


                                                                                                                      6
Conditional upon the prior payment of premium and receipt thereof by or on behalf of The Hollard Insurance
Company Limited (hereinafter called “The Company”) the Company shall insure and agrees to pay
compensation as stated in the Schedule in the event of death or Permanent Total Disablement of the
Insured Person arising out of or in connection with an accident involving the Nominated Vehicle.
Any proposal and declaration made by or on behalf of the insured is the basis of and forms part of this
policy.

Exceptions:

1.   Permanent Total Disablement benefits shall not be payable in respect of any Passengers
2.   No compensation will be paid unless Death or Permanent Total Disablement occurs within twelve
     months of the date of the accident
3.   This policy will not apply to any occurrence consequent upon
         (a)     Suicide or any attempt thereat or intentional self-injury
         (b)     An event insurable in terms of a policy issued by SASRIA Limited taxi violence or wars
                 between individuals or groups involved in the taxi industry or any act calculated to bring
                 about any of these situations or any act of any lawfully established authority in dealing with
                 any of these situations
4.   No compensation will be payable under this policy if –
         (a)     It is determined that the accident was directly caused by the Insured Person being under
                 the influence of intoxicating drink or drugs
         (b) The accident was caused by overloading the vehicle in contravention of the provisions of
                 Road Traffic Regulations Act 29 of 1989 ( as amended ) or any replacement legislation

Conditions:

1.   The Insured Person must employ the services of a registered medical practitioner and undergo any
     treatment the practitioner deems necessary. In addition the Insured Person must submit to medical
     examination at the Company’s expense as often as required by the Company
2.   The Company will in case of death of the Insured Person be entitled to have a post-mortem
     examination at it’s own expense
3.   Claims are payable in South Africa in South African currency only
4.   The Company will pay the proceeds of any claim to the Insured Person or the immediate family or legal
     representative of the Insured Person as it in its sole discretion may decide

Permanent Total Disablement (Scale of Benefits):
(Applicable to Driver only)

a)     Total and irrecoverable loss of all sights in both eyes……………………………….100%
b)     Total loss by physical severance at or above the wrist or ankle of both hands
       or both feet or of one hand together with one foot…………………………………..100%
c)     Total loss by physical severance at or above the wrist or ankle of one hand
       or one foot together with the total and irrecoverable loss of all sight in one
       eye………………………………………………………………………………………...100%
d)     Total and irrecoverable loss of all sight in one eye…………………………………...50%
e)     Total loss of or physical severance at or above the wrist or ankle of one
       hand or one foot………………………………………………………………………….50%
f)     Injury resulting in Permanent Total Disability from following usual occupation
       or any other occupation for which the Insured Person is fitted by knowledge
       or by training……………………………………………………………….………….. 100%


       Subject otherwise to the terms exceptions and conditions of the policy.




                                                                                                             7

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:11/16/2012
language:English
pages:7