Page 124 - Agriculture Policy Wording Binder

3. Amendment
No amendment to this Policy will be effective other than by way of a written endorsement issued and signed by the Company to the Policy.
4. Claims control
The Company will be entitled, at its own discretion, to take over and conduct in the Insured’s name the defence or settlement of any claim, and prosecute at its own expense, and for its own benefit, any claims for indemnity or damages against any other persons.
5. Claims co-operation
It will be a condition precedent to liability that in respect of any circumstance notified to the Company or any claim itself, the Insured will:
5.1 provide the Company with such particulars and information as the Company may require, immediately on request;
5.2 forward to the Company any communication, court process or documentation, or any other documents received relating to such circumstance or claim immediately on receipt;
5.3 give the Company all information and assistance required as soon as practicable, and, where the Company has conduct of proceedings, within such time limits as are specified by the Company’s legal representatives;
5.4 make no admission of liability, payment, offer or promise of payment, or agree to compromise or indemnify or waive any right of subrogation or recovery, without the express prior written consent of the Company.
6. Commercial Hunting & Game Viewing Activities
It is a condition that indemnity in terms of this Section pertaining to any form of commercial hunting and/or game viewing activities shall be subject to the following:
1. no alcohol be consumed during any hunting activities;
2. all clients participating in any game viewing activities must at all times be accompanied by either the Insured, guide or employee of the Insured or any other person delegated by the Insured;
3. firing zones regarding the individual hunting group(s)/hunter(s)/client(s) must clearly be demarcated and explained as such to all participants as well as being issued with an area chart clearly indicating the relevant firing zones prior to the commencement of any hunting activity(ties);
4. should the “shooting in” and adjustment(s) to any firearm(s) be required by a client, such activity(ties) must be conducted under either the control of the Insured, guide or employee of the insured or any other person delegated by the Insured;
5. all requirements contained in any Act, Ordinance or Regulation pertaining to hunting and/or game viewing activities must be complied with at all times.
7. Deductible
The first amount payable will be subject to the following provisions:
7.1
7.2 7.3
where the Company has incurred expenditure in the defence and/or settlement of any claim the first amount payable will be payable in whole or in part:
7.1.1 at any stage when in respect of a claim sums have been paid in respect of damages, claimant’s expenses and/or defence costs and loss adjusting expenses; or
7.1.2 at the settlement or closure of any claim; or
7.1.3 where at its own discretion the Company so requires;
the Company may at its own discretion, or where it is statutorily obliged to do so, pay sums falling within the first amount payable to effect a settlement of any claim or potential claim, and, upon notification that such a payment has been made, the Insured will immediately reimburse the Company for the payment;
the terms of this Policy, including without limitation those governing the Company’s rights in relation to the conduct and defence of claims and the Insured’s duties in the event of a claim, will not be affected or modified in any way by the existence or application of the first amount payable.
Combined Liability (Claims-made Basis)
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Policy Wording – Agriculture – Binder – Version 2 2023