Page 161 - Hollard Business Branch Policy Wording
P. 161
Motor Traders Risk
SPECIFIC EXCEPTIONS (applicable to all Sub-Sec ons)
1. The Company shall not be liable for any accident, injury, loss, damage or liability:
1.1 whilst the vehicle is being used with the general knowledge and consent of the Insured otherwise than in accordance with the Descrip on of Use Clause;
1.2 incurred:
1.2.1 outside the Republic of South Africa, Namibia, Botswana, Lesotho, Swaziland, Zambia, Zimbabwe, Malawi and Mozambique;
PROVIDED THAT:
the Company will not be liable for any accident, injury, loss, damage or liability if the country entered into provides cover on entry;
1.2.2 but the Company will indemnify the Insured against loss of or damage to any vehicle while in transit by sea or air between ports or places in these territories including loading and unloading incidental to such transit;
1.3 incurred while any vehicle is being driven by:
1.3.1 the Insured while under the in uence of intoxica ng liquor or drugs (unless administered by or prescribed by and taken in accordance with the instruc ons of a member of the medical profession other than himself/herself) or while not licenced to drive such vehicle;
1.3.2 any other person, with the general consent of the Insured, who to the Insured's knowledge is under the in uence of intoxica ng liquor or drugs (unless administered by or prescribed by and taken in accordance with the instruc ons of a member of the medical profession other than himself/herself) or is not licensed to drive such vehicle;
PROVIDED THAT:
any driver shall be deemed to be licenced to drive the vehicle if the driver is complying with the licensing laws rela ng to any of the territories referred to under Speci c Excep on 1.2.1 or if non-compliance with any licensing law is solely because of failure to renew any licence subject to periodic renewal or if a licence is not required by law or while such driver is learning to drive and is complying with the laws rela ng to learner drivers.
2. The Company shall not be liable for any claim arising from contractual liability, unless such liability would have a ached to the Insured notwithstanding such contractual agreement.
SPECIFIC CONDITIONS (applicable to all Sub-Sec ons)
Driver's licence
If, during the currency of this Sec on, any driver's licence in favour of the Insured or their authorised driver is endorsed, suspended or cancelled or if the Insured or their authorised driver is charged or convicted of negligent, reckless or improper driving, no ca on shall be sent in wri ng to the Company immediately upon the Insured having knowledge of such fact.
OPTIONAL CLAUSES AND EXTENSIONS (if stated in the Schedule to apply) Con ngent liability
The indemnity under Sub-Sec on B includes claims made against:
1. the Insured in the event of an accident arising in the course of the business and caused by or through or in connec on with any motor vehicle not the property of or provided by the Insured, while being used by any partner or director or employee of the Insured (hereina er in this Extension referred to as such person);
2. any such person in the event of an accident arising in the course of the business and caused by or through or in connec on with any motor vehicle not belonging to the such person or to the Insured or leased or hired by either of them, but only in so far as such person has not been refused any motor insurance or con nuance thereof by any insurer;
Page | 160 Hollard Business Policy – Branch – Version 1 2018