Page 115 - Agriculture Policy Wording Binder
P. 115
Combined Liability (Claims-made Basis)
Property
tangible property, except in Sub-Section 1 of this Section of the Policy where it includes rights of light, air, and water but, for the avoidance of doubt, will not include information (including electronically stored information), intellectual property, or intangible property rights of any kind, or any value therein
Pure financial loss
Retroactive date
System failure
malfunction or non-function of any mechanical and/or electronic system (whether or not the Insured’s property) caused by:
1. the response of a Computer to any date or date change; or
2. the failure of a Computer to respond to any date or date change; or
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
any pecuniary or economic loss or expense the date stated in the Schedule
SUB-SECTION 1 – PUBLIC LIABILITY
This Sub-Section will indemnify the Insured 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 the Insured and notified to the Company during the period of insurance.
The Company’s total liability under this operative section of the Policy to pay all sums for which the Insured 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.
However, where the limit of indemnity states “in the annual aggregate”, the Company’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:
1. the Republic of South Africa, Namibia, Botswana, Lesotho, Eswatini (formerly Swaziland), Zimbabwe, Zambia, 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 the Insured at or from any premises situated in any of the countries specified in 1. above.
SPECIFIC EXCEPTIONS (applicable to Sub-Section 1)
The Company will not indemnify the Insured under this Sub-Section against liability:
1. for loss of, or damage to property belonging to, or in the Insured’s 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 the Insured’s behalf or an employee of the Insured 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:
Policy Wording – Agriculture – Binder – Version 2 2023 Page | 113