Page 158 - Hollard Business Branch Policy Wording

Motor Traders Risk
2. SUB-SECTION B – LIABILITY TO THIRD PARTIES DEFINED EVENTS
Any accident caused by or through or in connec on with any vehicle as de ned in De ni ons or in connec on with the loading and/or unloading of such vehicle against all sums including claimant's costs and expenses which the Insured shall become legally liable to pay in respect of:
1. death of or bodily injury to any person but excluding death of or bodily injury to any person in the employ of the Insured arising from and in the course of such employment or being a member of the same household as the Insured;
2. damage to property other than property belonging to the Insured or held in trust by or in the custody or control of the Insured or being conveyed by or loaded onto or unloaded from such vehicle.
The Company will also, in terms of and subject to the limita ons of and for the purposes of this Sub-Sec on:
1. pay all costs and expenses incurred with their wri en consent and shall be en tled at their discre on to arrange for representa on at any inquest or inquiry in respect of any death which may be the subject of indemnity under this Sub-Sec on or for defending in any court of law any criminal proceedings in respect of any act causing or rela ng to any event which may be the subject of indemnity under this Sub-Sec on, or for defending in any magistrate's court any criminal proceedings in respect of any act causing or rela ng to any event which may be the subject of indemnity under this Sub-Sec on;
PROVIDED THAT:
the total of the Company's liability under both this Extension and Sub-Sec on B shall not exceed the limit of indemnity stated in the Schedule to apply to Sub-Sec on B;
2. indemnify any person who is driving or using such vehicle on the Insured's order or with the Insured's permission; PROVIDED THAT:
2.1 such person shall as though he/she were the Insured observe, ful ll and be subject to the Terms, Excep ons and Condi ons of this insurance to the extent that they can apply;
2.2 such person driving such vehicle has not been refused any motor insurance or con nuance thereof by any insurer;
2.3 indemnity shall not apply in respect of claims made by any member of the same household as such person;
2.4 such person is not en tled to indemnity under any other policy except in respect of any amount not recoverable under such other policy;
3. indemnify the Insured in respect of liability arising from the towing by a vehicle of any other vehicle or trailer (including liability in connec on with the towed vehicle or trailer);
PROVIDED THAT:
the Company shall not be liable for damage to the towed vehicle or trailer or to property therein or thereon.
LIMITS OF INDEMNITY
Unless otherwise stated the liability of the Company under this Sub-Sec on in respect of any one occurrence shall not exceed the limits of indemnity as stated in the Schedule.
SPECIFIC EXCEPTIONS (applicable to Sub-Sec on B)
The Company shall not be liable under this Sub-Sec on in respect of:
1. any compensa on or claim as falls within the scope of any Compulsory Motor Vehicle Insurance enactment. This Excep on shall apply notwithstanding that no other insurance under such enactment is in force or has been e ected and regardless of whether the applicable legisla ve fund is unable to or incapable of providing compensa on;
Hollard Business Policy – Branch – Version 1 2018 Page | 157