Page 125 - Agriculture Policy Wording Binder

Combined Liability (Claims-made Basis)
8. Discharge of liability
The Company may at any time, at its own discretion, pay to the Insured the limit of indemnity under this Policy, or any lesser sum(s) for which any claim(s) can be settled, and the Company, after the deduction of any sum(s) already paid in connection with such claim(s), will not be under further liability, except for the payment of defence costs and expenses already agreed and incurred;
PROVIDED THAT:
in the event of any claim(s) or series of claims resulting in a liability of the Insured’s to pay in excess of the limit of indemnity, the Company’s liability by virtue of a judgment or settlement for such costs and expenses, will not exceed an amount being in the same proportion as the limit of indemnity bears to the total payment made by or on the Insured’s behalf in settlement of the claim(s).
9. Disclaimer/Indemnification
Indemnity in terms of this Section relating to any form of commercial hunting and/or game viewing will be subject
to the following conditions:
1.
2. 3.
4. 5.
10. Law
This Policy is subject to and will be interpreted in accordance with the law of the Republic of South Africa.
11. Observance of terms
The Insured will abide by and fulfil all Terms, Conditions and Endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured. The truth of the statements, answers and information supplied in connection with this Policy will be a condition precedent to any liability of the Company to indemnify the Insured.
12. Offset of premium
The Company will be entitled, at its own discretion, to deduct from sums due to be paid in respect of claims admitted by the Company under Sub-Sections 1 and 2 of the Policy, any sums owed to the Company by the Insured in respect of premium(s) due under this Policy.
13. Special extended reporting period option (to be exercised by the Insured in writing in the event of non-renewal).
At the Insured’s option, which option must be exercised within 30 (thirty) days of non-renewal of this Section of the Policy, and payment of the additional premium required by the Company within 30 (thirty) days, in respect of the period within which any claim or circumstance that may give rise to a claim in terms of this Section of the Policy is to be reported in terms of General Condition 8, the Company agrees that notice given within 36 (thirty six) months (hereinafter referred to as the Special extended reporting period option) immediately following the expiry (non-renewal) of this Section will be regarded as having been reported on the last day preceding the expiry (non-renewal).
14. Standard extended reporting period
If this Section of the Policy is not renewed or is cancelled then the Insured will have 30 (thirty) days beyond the expiry date of the period of insurance in which to notify the Company of any formal claim and/or writ and/or other demand for compensation or court process received prior to the expiry date of this Section of the Policy for any event which happened after the Retroactive date and within the period of insurance.
all correspondence, notices and disclaimers must be conducted and displayed in at least two official languages of the the Republic of South Africa and an interpreter must, on request of any client, hunter, guest or other participating party, be available at all times
the indemnity (disclaimer) wording must be approved by and lodged with the Company
the legal agreement (disclaimer) between the Insured and his/her/their client(s) shall, prior to the commencement of any commercial hunting and/or game viewing activities, be duly signed by both parties and shall be placed on record
under no circumstances may any firearms be aimed at a fellow hunter, client or any other person
such legal agreement (disclaimer) shall be clearly displayed and be visibly positioned at the entrances of the Insured’s premises and as such much contain all conditions as stated in Specific Condition 6 above.
Policy Wording – Agriculture – Binder – Version 2 2023 Page | 123