Page 74 - Sectional Title Policy Wording
P. 74

 8. Pollutants
any solid, liquid, gaseous, or thermal irritants, smoke, vapour, soot, fumes, acids, alkalis, chemicals, waste, or other substances or contaminants, bacteria, moulds or other fungi (including but not limited to mildew or mycotoxins or spores or any other substance or product produced or released by moulds or fungi); which actually or are alleged to adversely affect land, water, atmosphere, property, buildings, other structures, or people, animals, plants, and all other living organisms, or the general environment.
9. Event
any one occurrence, or all occurrences of a series consequent upon, or attributable to, one originating cause including but not limited to one or more occurrences of bodily injury or personal injury or loss of or damage to property, relating to the same failure to act, and will be treated as one single occurrence, irrespective of the number of injured parties, actual claimants, potential or eligible claimants, and whether or not brought by class action or individually by the claimants concerned.
10. Limit of Indemnity
the total liability of Hollard for all amounts payable in accordance with the Defined Events, and will not exceed the amount stated in the Schedule. If an event gives rise to a claim or a series of claims which form the subject of an indemnity under more than one operative section of this Section of the Policy, the total amount of Hollard’s liability will at all times be limited to the greatest limit of indemnity available under any one of the operative sections in this Section of the Policy affording indemnity for the claim or series of claims. The limit of indemnity will be determined with reference to the Schedule, or such other limit as may apply by virtue of an endorsement to, or specific sub-limit set out in this Section of the Policy.
11. First Amount Payable
the amount stated in the Schedule, which will be payable by You for each event in respect of all damages, claimant’s costs and expenses and Defence Costs (including investigation costs other than the company’s own salary and other internal costs), before Hollard will be liable to make any payment under this Section of the Policy.
12. System Failure
malfunction or non-function of any mechanical and/or electronic system (whether or not the Insured’s property) caused by:
12.1 the response of a Computer to any date or date change; or
12.2 the failure of a Computer to respond to any date or date change; or
12.3 any loss of, damage to, change or corruption in, data or software on a computer or computer system; or any computer virus, or hacking into or degradation of, or breach of security in, or denial of access to, a computer, computer system, or website.
Computer includes computer hardware, computer software, microchip, microprocessor, any electronic equipment, and any device that gives or receives electronic instructions or information.
14. Pure financial loss
any pecuniary or economic loss or expense.
15. Retroactive date
The date stated in the Schedule.
PUBLIC LIABILITY
This Sub-Section will indemnify You in accordance with the Defined Events for:
1. personal injury to any person;
2. loss of or damage to property;
3. obstruction, loss of amenities, trespass, nuisance, or interference with any right of way, light, air, or water; in respect of an event, after the Retroactive date, occurring within the Geographical Limits defined below, and arising from any claim first made against You and notified to Hollard during the period of insurance.
Hollard’s total liability under this operative section of the Policy to pay all sums for which You are legally liable, including claimant’s costs and expenses relating to any claimant or number of claimants in respect of an event, and Defence Costs, will not exceed the limit of indemnity stated in the Schedule.
Public Liability (Claims-made Basis)
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