Page 22 - JJD Havenga - Junie 2020 Hernuwing

ZEN256643

POLICY FOR PERSONAL LIABILITY FOR PRIVATE PROPERTY OWNERS
AGAINST LEGAL LIABILITY FROM THE OCCUPATIONAL HEALTH AND SAFETY ACT (85 OF 1993)
AND REGULATIONS TO THIS ACT
(CLAIMS MADE BASIS)
DEFINITIONS
1. This policy means
this policy that is added to a related policy as a value adding product.
2. Related policy means
a Personal Lines policy in your name with a registered South African insurer;
3. Another policy means
any policy other than this policy.
4. Policy number means
the policy number to which this policy attaches as a value adding product. You must quote the policy number in any
correspondence when you make a claim or communicate with us about a claim;
5. We/us/our/the insurer means
Western National Insurance Company Ltd, Reg. No: 2005/017349/06, the insurer and/or Zenith for the Accomplished (Pty) Ltd,
the underwriting manager on behalf of Western National Insurance Company Ltd. Both of us are registered financial service providers.
6. You/your/yours/yourself means
the person(s) in whose name the related policy is issued, his / her spouse and any member of their immediate family normally residing
with them and who are financially dependent upon them.
7. Residential property means
a residential property owned by you in your personal capacity where the buildings of such property is insured under a related policy.
8. Event means
an event, or series of events arising out of one originating cause that gives, or is likely to give, rise to a claim or claims against you as
covered by this policy.
9. Costs and expenses mean
legal expenses (including disbursements) reasonably incurred with our prior agreement by or on behalf of you in the evaluation
and investigation of claims, handling, response to and defense of claims including, but not limited to, claims which result in any
actions, suits or proceedings and/or any appeals. Costs and expenses does not include overhead or benefit expenses associated
with your income, salaries, wages and/or fees of the insurer.
10. Defence costs means
all costs, charges, fees including, but not limited to attorneys' fees and experts' fees, and expenses incurred with the prior written
consent of the Underwriter (which consent shall not be unreasonably withheld) in the investigation, defence or negotiation of the
settlement of any Claim.
11. Injury means
bodily injury, illness inclusive of mental condition, disease or death to any person.
12. Damage means
the physical damage to or loss of tangible property.
13. Limit of indemnity means
five million Rand (R5 000 000) being the maximum amount for which we will indemnify you for any and all claims, inclusive
of all costs and expenses and including defence costs for which cover is provided under this policy. We will not compensate
you for more than the limit of indemnity per event or during any 12-month cycle from the inception of this policy.
COVER PROVIDED
1. We will indemnify you if you become legally liable for:
a. injury of persons; and/or
b. damage to property
where such liability only arises from the provisions of the Occupational Health and Safety Act (act 85 of 1993 as amended)
and/or regulations promulgated in terms thereof as it applies to private residential properties.
2. We will only indemnify you where the liability in 1. above is incurred towards:
a. a contractor or its employees on a residential property insured on any related policy; and/or
b. any unrelated third party on a residential property insured on any related policy due to any actions / omissions by the contractor
or its employees on the residential property.

3. We will indemnify you only up to the limit of indemnity for:
a. any amount that you become legally liable to pay for injury and/or damage; and/or
b. costs and expenses; and/or
c. defence costs
OTHER INSURANCE
1. This policy will not provide any cover (as defined under “Cover Provided”) for any liability that you incur if there is another policy
covering you against such liability.
2. If another policy covers you against such liability for an amount less than R5 million per event, this policy will only provide cover
for the difference between the indemnity limit of another policy (or policies) and R5 million.

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