Page 68 - Sectional Title Policy Wording

1.1 assumed by You under such contract or agreement, which would not have attached in the absence of such contract or agreement, unless agreed to in writing by Hollard;
1.2 for fire or any other peril against which such contract or agreement requires that insurance is effected;
1.3 arising out of breach of any term, condition, or warranty under any other applicable insurance policy.
5. Liability by agreement
This Sub-Section will also indemnify You against liability assumed by You under any contract entered into with or given to any rail service provider, government or quasi-government departments, provincial administrations, municipalities and/or similar bodies covering the use of railway sidings or in respect of cartage (hazardous premises) agreements and/or agreements of a similar nature.
6. Security firms
Notwithstanding Specific Exception 3 of this Sub-Section, if in terms of a contract with a security firm engaged to protect the insured property or persons in the course of the Your business, and You become legally liable for the acts or omissions of the employees of the security firm in the course of their employment, then this Section includes such legal liability to the extent that indemnity would have been granted under Sub-Section 1, had the said employees been under a contract of service to You and not the security firm, but not exceeding the limit of indemnity stated in the Schedule.
If, at the time of an event giving rise to a claim under this Sub-Section, the security firm is entitled to an indemnity under any other Policy in respect of the same event, Hollard will not be liable to make any payment except in respect of any amount above the amount payable under such other Policy.
7. Statutory legal defence costs
Hollard will pay legal costs incurred by You or at the Your request by any director, trustee or managing agent for the defence of a prosecution (including an appeal against a conviction) for a breach of statute or amending legislation with similar intent enacted within South Africa, committed or alleged to have been committed during the period of insurance in the course of the business;
PROVIDED THAT:
1. the prosecution arises out of an event which is the subject of this Sub-Section;
2. Hollard will not be liable for fines or penalties of any kind;
3. You are not entitled to indemnity under any other Policy;
4. the proceedings are not consequent upon any deliberate act or omission by:
4.1 You;
4.2 any director, managing agent or trustee of the Insured;
4.3 any employee with any specific responsibility for compliance with any legislation which could reasonably have been expected to constitute a breach of the said legislation;
5. Hollard will not pay more than R150 000 (one hundred and fifty thousand rand) per event or R250 000 (two hundred and fifty thousand rand) in the aggregate any one period of insurance. You will be responsible for the first R2 500 (two thousand five hundred rand) each and every claim. Additional cover may be purchased in which case the limit stated in the Schedule will be over and above the automatic cover provided.
OPTIONAL CLAUSES AND EXTENSIONS (if stated in the Schedule to be included) Food and Drink
It is agreed and understood that this Policy shall be extended to cover your legal liability for claims made against you for accidental bodily injury of and/ or accidental property damage to any third party which occurs during the period of insurance and arises out of poisoning by or foreign or deleterious matter in food or drink consumed in or about the premises specified in the Policy;
PROVIDED ALWAYS THAT:
the Insured shall at all times take every possible precaution to prevent the sale or supply of any condition or free from contamination or for human consumption.
Public Liability (Occurrence Basis)
Page | 66 Sectional Title Insurance Policy Wording – Version 4 2023