Page 86 - Hollard Business Branch Policy Wording
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Combined Liability (Claims-made Basis)
COMBINED LIABILITY (CLAIMS-MADE BASIS)
DEFINED EVENTS
All sums which the Insured shall become legally liable to pay, arising from any claim rst made against the Insured and no ed to the Company during the period of insurance, in respect of bodily injury or loss of, or damage to property, including claimant’s costs and expenses, which arises in connec on with the business of the Insured and in respect of an event a er the Retroac ve Date stated in the Schedule;
PROVIDED THAT:
the Company with not be liable to pay more than the limit of indemnity stated in the Schedule less the rst amount payable for which the Insured shall be liable to pay, subject to the Terms, Excep ons, Condi ons and Endorsements of this Policy.
MEMORANDUM
This Sec on forms part of the Policy and to the extent of any inconsistency between the General Excep ons, Condi ons and Provisions of the Policy and this Sec on, the General Excep ons, Condi ons and Provisions of the Policy will prevail.
DEFENCE COSTS
The Company will also pay:
1. all other costs and expenses incurred with the Company’s prior wri en consent in respect of the inves ga on, defence or se lement of any event giving rise to a claim or series of claims that may be the subject of indemnity under this Sec on of the Policy;
2. legal representa ves’ fees incurred with the Company’s prior wri en consent for the Insured’s representa on at:
2.1 any coroner’s inquest or any o cial statutory inquiry inves ga ng an occurrence or fatal accident inquiry in respect of any death; or
2.2 proceedings in any court of rst instance arising out of any alleged breach of statutory duty resul ng in bodily injury or loss of, or damage to property, which may be the subject of indemnity under this Sec on of the Policy;
3. the Company will not pay more than R150 000 (one hundred and y thousand Rand) per event or R250 000 (two hundred and y thousand Rand) in the aggregate any one period of insurance. The Insured shall be liable for the rst R2 500 (two thousand ve hundred Rand) each and every claim.
It is understood and agreed that the Defence Costs, as set out above and for which the Company may agree to pay from me to me, will not be in addi on to the limit of indemnity stated in the Schedule. The Company’s total liability will not exceed the limit of indemnity.
WRONGFUL ARREST AND DEFAMATION
The Company will also pay for costs:
1. resul ng from wrongful arrest (including assault in connec on with such wrongful arrest); and
2. in respect of defama on;
PROVIDED THAT:
the Company will not be liable to pay more than R150 000 (one hundred and y thousand Rand) per any one event or R250 000 (two hundred and y thousand Rand) in the aggregate during any one period of insurance.
Hollard Business Policy – Branch – Version 1 2018 Page | 85