Page 112 - Agriculture Policy Wording Binder

Combined Liability (Claims-made Basis)
COMBINED LIABILITY (CLAIMS-MADE BASIS)
DEFINED EVENTS
All sums which the Insured shall become legally liable to pay, arising from any claim first made against the Insured and notified to the Company during the period of insurance, in respect of bodily injury or loss of, or damage to property, including costs and expenses, which arises in connection with the business of the Insured and in respect of an event after the Retroactive Date stated in the Schedule;
PROVIDED THAT:
the Company will not be liable to pay more than the limit of indemnity stated in the Schedule less the first amount payable for which the Insured shall be liable to pay, subject to all the Terms, Exceptions, Conditions and Endorsements of this Policy.
MEMORANDUM
This Section forms part of the Policy and to the extent of any inconsistency between the General Exceptions, Conditions and Provisions of the Policy and this Section, the General Exceptions, Conditions and Provisions of the Policy will prevail.
DEFENCE COSTS
The Company will also pay:
1. all other costs, charges, expenses and legal costs recoverable from the Insured by a claimant or any number of claimants or incurred by the Company or incurred by the Insured with the Company’s prior written consent:
1.1 in the defence or settlement of any claim under this section of the Policy or any action or prosecution brought against the Insured in respect of bodily injury or damage to property or other liability as insured in terms of this Section of the Policy;
1.2 in the representation at any inquest or accident inquiry in respect of bodily injury which may form the subject of indemnity under this Section of the Policy and/or in defending any proceedings in any court of first instance in respect of matters which may form the subject of indemnity under this Section of the Policy.
It is understood and agreed that the Defence Costs, as set out above and for which the Company may agree to pay from time to time, will not be in addition to the Liability limit of indemnity stated in the Schedule. The Company’s total liability will not exceed the Liability limit of indemnity.
WRONGFUL ARREST AND DEFAMATION
The Company will also pay for costs:
1. resulting from wrongful arrest (including assault in connection with such wrongful arrest); and
2. in respect of defamation;
PROVIDED THAT:
the Company will not be liable to pay more than R150 000 (one hundred and fifty thousand rand) per any one event or R250 000 (two hundred and fifty thousand rand) in the aggregate or the amount stated in the Schedule, during any one period of insurance.
Additional cover may be purchased in which case the limit stated in the Schedule will be over and above the automatic cover provided.
Page | 110 Policy Wording – Agriculture – Binder – Version 2 2023