Page 91 - Hollard Business Branch Policy Wording

Combined Liability (Claims-made Basis)
3. Automa c acquisi ons
The indemnity a orded by this Sub-Sec on of the Policy will apply automa cally to all opera ons including premises acquired, established or created during the period of insurance;
PROVIDED THAT:
3.1 the Insured no fy the Company in wri ng with full underwri ng informa on:
3.1.1 within 90 (ninety) days for new acquisi ons where annual turnover is not more than 15% ( een percent) of the Insured’s last published annual turnover gure and there is no material altera on to the business or risk;
3.1.2 as soon as prac cable for new acquisi ons other than as detailed in 3.1.1 above;
3.1.3 at the beginning of any new period of insurance if this is earlier than 3.1.1 or 3.1.2 above;
3.2 turnover for any new acquisi ons will be declared in accordance with Speci c Policy Condi on 7 where this Sub-Sec on of the Policy is wri en on an adjustable basis;
3.3 the Company reserves the right to:
3.3.1 establish a separate rate and premium and, if appropriate, terms where the Sub-Sec on of the Policy is wri en on a nonadjustable basis and the total annual turnover of the new acquisi ons represents an increase in turnover greater than 15% ( een percent) of the es mate provided at the beginning of the period of insurance; or
3.3.2 accept or deny coverage at the me of no ca on and to establish a separate rate and premium and, if appropriate, terms for any such coverage where the new acquisi on represents a material altera on to the business or risk.
4. Liability by agreement
This Sub-Sec on will also indemnify the Insured against liability assumed by the Insured under any contract entered into with or given to any rail service provider, government or quasi-government departments, provincial administra ons, municipali es and/or similar bodies covering the use of railway sidings or in respect of cartage (hazardous premises) agreements and/or agreements of a similar nature.
5. Movement of motor vehicles
Notwithstanding the Excep ons applicable to Sub-Sec on 1 and anything else to the contrary in this Sub-Sec on of the Policy and risks insured under the Road Accident Fund Act 56 of 1996 (and/or as amended), this Sub-Sec on is extended to include liability arising through or in connec on with the moving of any motor vehicle, trailer or caravan (not being the Insured’s property) by any person being an employee or ac ng on the Insured’s behalf;
PROVIDED THAT:
such movement of motor vehicles, trailers or caravans is undertaken to facilitate the carrying on of the business.
6. Security rms
Notwithstanding Speci c Excep on 3 of this Sub-Sec on, if in terms of a contract with a security rm engaged to protect the insured property or persons in the course of the Insured’s business, the Insured becomes legally liable for the acts or omissions of the employees of the security rm in the course of their employment, then this Sec on includes such legal liability to the extent that indemnity would have been granted under Sub-Sec on 1, had the said employees been under a contract of service to the Insured and not the security rm, but not exceeding the limit of indemnity stated in the Schedule.
If, at the me of an event giving rise to a claim under this Sub-Sec on, the security rm is en tled to an indemnity under any other Policy in respect of the same event, the Company will not be liable to make any payment except in respect of any amount above the amount payable under such other Policy.
Page | 90 Hollard Business Policy – Branch – Version 1 2018