Page 5 - Hollard Business Branch Policy Wording
P. 5
General Excep ons, Condi ons and Provisions
GENERAL EXCEPTIONS, CONDITIONS AND PROVISIONS
Subject to the Terms, Excep ons and Condi ons (precedent or otherwise) and in considera on of, and condi onal upon, the prior payment of the premium by or on behalf of the Insured and receipt thereof by, or on behalf of the Company, the Company speci ed in the Schedule agrees to indemnify or compensate the Insured by payment or, at the op on of the Company, by replacement, reinstatement or repair in respect of the de ned events occurring during the period of insurance and as otherwise provided under the Sec ons up to the sums insured, limits of indemnity, compensa on and other amounts speci ed.
Where more than one insurance Company or insurer par cipates in this insurance, the term 'Company' shall be amended to 'insurers' wherever it appears in this Policy. In this event the percentage share of each insurer will be as expressed in the Schedule of this Policy and the liability of each insurer individually shall be limited to the percentage share set against its name.
Speci c Excep ons, Condi ons and Provisions shall override General Excep ons, Condi ons and Provisions.
GENERAL EXCEPTIONS
1. War, riot and terrorism
1.1 This Policy does not cover loss of or damage to property, death or bodily injury or liability directly or indirectly related to or caused by:
1.1.1 civil commo on, labour disturbances, riot, strike, lockout or public disorder or any act or ac vity which is calculated or directed to bring about any of the aforemen oned;
1.1.2 war, invasion, act of foreign enemy, hos li es or warlike opera ons (whether war be declared or not) or civil war;
1.1.3 1.1.3.1 mu ny, military rising, military or usurped power, mar al law or state of siege, or any other event or cause which determines the proclama on or maintenance of mar al law or state of siege;
1.1.3.2 insurrec on, rebellion or revolu on;
1.1.4 any act (whether on behalf of any organisa on, body or person or group of persons) calculated or directed to overthrow or in uence any State or Government or any provincial, local or tribal authority with force or by means of fear, terrorism or violence;
1.1.5 any act which is calculated or directed to bring about loss or damage in order to further any poli cal aim, objec ve or cause, or to bring about any social or economic change, or in protest against any State or Government or any provincial, local or tribal authority, or for the purpose of inspiring fear in the public or any sec on thereof;
1.1.6 any a empt to perform any act referred to in Clause 1.1.4 or 1.1.5 above;
1.1.7 the act of any lawfully established authority in controlling, preven ng, suppressing or in any other way dealing with any occurrence referred to in Clause 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5 or 1.1.6 above.
If the Company alleges that, by reason of Clause 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6 or 1.1.7 of this Excep on, loss or damage is not covered by this Policy, the burden of proving the contrary shall rest on the Insured.
1.2 This Policy does not cover loss or damage caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of the War Damage Insurance and Compensa on Act, 1976 (No. 85 of 1976) or any similar Act opera ve in any of the territories to which this Policy applies.
1.3 Notwithstanding any provision of this Policy including any Exclusion, Excep on or Extension or other Provision not included herein which would otherwise override a General Excep on, this Policy does not cover loss of or damage to property or expense of whatsoever nature directly or indirectly caused by, arising out of or in connec on with any act of terrorism regardless of any other cause or event contribu ng concurrently or in any sequence to the loss, damage or expense.
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Hollard Business Policy – Branch – Version 1 2018