Page 122 - Agriculture Policy Wording Binder

1. for the cost of rectifying or recalling defective work;
2. arising from inefficacy of such work or because the work did not produce the result anticipated or claimed;
3. arising prior to the handing over of such work;
4. arising from defective design;
5. arising from any work on any aircraft or part thereof.
SPECIFIC EXCEPTIONS (applicable to Sub-Section 1 and 2)
In addition to the General Exceptions of this Policy, and notwithstanding anything to the contrary contained within the Policy, the Company will not be liable to indemnify the Insured under Sub-Section 1 and Sub-Section 2 of this Section against any liability:
1. Advertising
arising out of any form of defamation or from malicious falsehood:
1.1 made by, or at the direction of, the Insured, with knowledge of the falsity thereof; or
1.2 related to advertising, publishing, broadcasting, or telecasting activities, conducted by or on the Insured’s behalf.
2. Employee
for loss of or bodily injury sustained by an employee, or someone acting under a contract of service, which arises out of and/or in the course of his employment or engagement by the Insured or any liability attaching to the Insured by virtue of any workmen’s compensation, unemployment compensation or disability benefits law or any similar law or regulation.
3. Contractual liability
that is assumed by the Insured under a contract or agreement, unless such liability would have attached to the Insured in the absence of the said contract or agreement.
This Exception will include any liability that:
3.1 arises under any penalty clause or in respect of fines or liquidated damages; or
3.2 arises out of the sole negligence of third parties; or
3.3 attaches by virtue of any waiver of subrogation rights against third parties; or
3.4 arises by reason of personal injury to any employee of third parties, unless, once again, such liability would have attached to the Insured in the absence of the said contract or agreement.
4. Deliberate acts
arising out of personal injury or loss of or damage to property resulting from, whether directly or indirectly, a deliberate act or omission on the Insured’s part or any of the Insured’s employees.
5. Fines, penalties and punitive damages
for fines, penalties, punitive damages, or exemplary damages.
6. Jurisdiction
arising out of personal injury or any loss of, or damage to property, in respect of judgments delivered or obtained in the first instance other than by a court of competent jurisdiction within the Republic of South Africa, Namibia, Botswana, Lesotho and Eswatini (formerly Swaziland).
7. Pollution
arising directly or indirectly from any pollution hazard:
7.1 in the United States of America and/or Canada and/or their respective possessions or protectorates;
7.2 elsewhere in the world, other than in those countries or territories referred to in 7.1 above, except where the pollution hazard results from a sudden, accidental, unexpected, and unintended, identifiable incident that takes place in its entirety at a specific identifiable time and place during the period of insurance;
Combined Liability (Claims-made Basis)
Page | 120 Policy Wording – Agriculture – Binder – Version 2 2023