Page 89 - Hollard Business Branch Policy Wording
P. 89
Combined Liability (Claims-made Basis)
14. System failure
malfunc on or non-func on of any mechanical and/or electronic system (whether or not the Insured’s property) caused by:
14.1 the response of a Computer to any date or date change; or
14.2 the failure of a Computer to respond to any date or date change; or
14.3 any loss of, damage to, change or corrup on in, data or so ware on a computer or computer system; or any computer virus, or hacking into or degrada on of, or breach of security in, or denial of access to, a computer, computer system, or website.
Computer includes computer hardware, computer so ware, microchip, microprocessor, any electronic equipment, and any device that gives or receives electronic instruc ons or informa on.
15. Pure nancial loss
any pecuniary or economic loss or expense.
16. Retroac ve date
the date stated in the Schedule.
SUB-SECTION 1 – PUBLIC LIABILITY
This Sub-Sec on will indemnify the Insured in accordance with the De ned Events for:
1. personal injury to any person;
2. loss of or damage to property;
3. obstruc on, loss of ameni es, trespass, nuisance, or interference with any right of way, light, air, or water; in respect of an event a er the Retroac ve date, occurring within the Geographical Limits de ned below, and arising from any claim rst made against the Insured and no ed to the Company during the period of insurance.
The Company’s total liability under this opera ve sec on of the Policy to pay all sums for which the Insured are legally liable, including claimant’s costs and expenses rela ng to any claimant or number of claimants in respect of an event, and Defence Costs, will not exceed the limit of indemnity stated in the Schedule.
However, where the limit of indemnity states “in the annual aggregate”, the Company’s total liability for all claims arising in any one period of insurance will be limited to the stated amount irrespec ve of the number of events giving rise to such claims.
Geographical Limits
Will mean for the purposes of this Sub-Sec on 1:
1. the Republic of South Africa, Namibia, Botswana, Lesotho, Swaziland, Zimbabwe, Zambia, Mozambique and Malawi;
2. elsewhere in the world excluding United States of America and/or Canada and/or their possessions or protectorates but only in connec on with the business carried on by the Insured at or from any premises situated in any of the countries speci ed in 1. above.
MEMORANDUM
The Insured will be indemni ed against loss of or damage to third party property as a result of spread of re from the insured property;
PROVIDED THAT:
1. the limit of indemnity shall not exceed R5 000 000 ( ve million Rand) any one event; or
2. the Public Liability limit stated in the Schedule, whichever is the lesser.
Page | 88 Hollard Business Policy – Branch – Version 1 2018