Page 90 - Hollard Namibia – Motor & Household Policy Wording

Extended liability
Your specific responsibilities
o This indemnity is subject to a valid Underlying Insurance being in force at the time of the event. The Underlying Insurance must substantially provide the same kind of cover you are claiming for under this indemnity and you must not be in breach of any of the conditions of the Underlying Insurance.
o This indemnity is governed by the laws of South Africa, Namibia, Botswana or Mozambique (depending on where the Underlying Insurance was issued) whose courts shall have exclusive jurisdiction in any dispute.
o You must give us written notice as soon as possible of any event that may give rise to a claim under this section of the policy and you must furnish any further information we may reasonably require. Every claim, summons or legal process and all related documents must be forwarded to us as soon as possible. An unintentional failure to give notice as required because you could not reasonably have anticipated that the event would give rise to a claim under this section of the policy will not be viewed as a breach of this condition.
o Where any claim or part of a claim is not covered by an Underlying Insurance, we may take over and conduct in your name the defense, recovery or settlement of any claim that we have accepted. You must give all necessary information and assistance we may need.
o If the cover provided by this section of the policy is also provided by any other liability insurance we will not pay more than our proportion of the loss.
o We may pay you the maximum amount of cover (deducting any amounts already paid) for any claim made, or any lesser amount for which the claim may be settled. Thereafter, we shall have no further liability in respect of the matter.
o You cannot make any admission, offer, promise or payment in regard to any claim under this section of the policy without our written consent. You must take all reasonable steps to ensure that the Underlying Insurer complies with this condition and also co-operates with us in the defense and settlement of any claim covered by an Underlying Insurance and this section of the policy. The costs incurred in exercising any subrogation rights and any amount recovered will be shared by us and the Underlying Insurance according to the sums paid or payable under the respective policies.
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