Page 65 - Sectional Title Policy Wording
P. 65
Public Liability (Occurrence Basis)
However, where the limit of indemnity states “in the annual aggregate”, Hollard’s total liability for all claims arising in any one period of insurance will be limited to the stated amount irrespective of the number of events giving rise to such claims.
Geographical Limits
Will mean for the purposes of this Sub-Section:
1. the Republic of South Africa, Namibia, Botswana, Lesotho, Eswatini (formerly Swaziland), Zambia, Zimbabwe, Mozambique and Malawi;
2. elsewhere in the world excluding United States of America and/or Canada and/or their possessions or protectorates but only in connection with the business carried on by You at or from any premises situated in any of the countries specified in 1. above.
MEMORANDUM
You will be indemnified against loss of or damage to third party property as a result of spread of fire from the insured property;
PROVIDED THAT:
1. the limit of indemnity shall not exceed R5 000 000 (five million rand) any one event; or
2. the Public Liability limit stated in the Schedule, whichever is the lesser.
SPECIFIC EXCEPTIONS
In addition to the General Exceptions of this Policy, and notwithstanding anything to the contrary contained within the Policy, Hollard will not be liable to indemnify You under this Section against any liability:
1. for loss of, or damage to property belonging to You, or in Your care, custody, or control;
2. damage to property being worked upon and arising out of such work;
3. arising from the ownership, possession, or use by or on Your behalf or Your employee of:
3.1 any mechanically propelled vehicle or attached trailer, while in use in circumstances where compulsory insurance or security is required by any road traffic legislation, but this Exception will not apply to liability caused by:
3.1.1 the loading or unloading of any such vehicle or trailer, arising beyond the limits of any carriageway or thoroughfare;
3.1.2 any self-propelled mechanical plant, or any machinery or apparatus attached to any other vehicle, while used as a tool of trade, other than in circumstances where such liability is governed by any road traffic legislation requiring compulsory insurance or security;
3.2 any aircraft or other aerial device, hovercraft, watercraft, or offshore installation but this Exception will not apply to liability caused by:
3.2.1 hand propelled watercraft or sailing craft not exceeding 8 m (eight meters) in length; or
3.2.2 watercraft not exceeding 25 m (twenty five meters) in length, not owned by You but used by You for business entertainment purposes, with the exception of racing or trials;
PROVIDED THAT:
You are not entitled to an indemnity under any other Policy;
4. arising from any product, other than food or drink provided for consumption on Your premises.
5. Employee
for loss of or bodily injury sustained by an employee, trustee, director, or someone acting under a contract of service, which arises out of and/or in the course of their employment, trusteeship, directorship or engagement by You or any liability attaching to You by virtue of any workmen’s compensation, unemployment compensation or disability benefits law or any similar law or regulation.
Sectional Title Insurance Policy Wording – Version 4 2023 Page | 63