Page 92 - Hollard Business Branch Policy Wording

Combined Liability (Claims-made Basis)
7. Statutory legal defence costs
The Company will pay legal costs incurred by the Insured or at the Insured’s request by any director, partner (where the Insured is a partnership) or employee of the Insured for the defence of a prosecu on (including an appeal against a convic on) for a breach of statute or amending legisla on with similar intent enacted within South Africa, commi ed or alleged to have been commi ed during the period of insurance in the course of the business;
PROVIDED THAT:
7.1 the prosecu on arises out of an event which is the subject of this Sub-Sec on;
7.2 the Company will not be liable for nes or penal es of any kind;
7.3 the Insured is not en tled to indemnity under any other Policy;
7.4 the proceedings are not consequent upon any deliberate act or omission by:
7.4.1 the Insured;
7.4.2 any director or partner of the Insured;
7.4.3 any employee with any speci c responsibility for compliance with any legisla on which could reasonable have been expected to cons tute a breach of the said legisla on.
SUB SECTION 2 – PRODUCTS LIABILITY AND DEFECTIVE WORKMANSHIP LIABILITY (if stated in the Schedule to be included)
Products Liability
The Company will indemnify the Insured in respect of de ned events happening anywhere within the Geographical Limits as de ned below, elsewhere than at premises occupied by the Insured, and caused by goods or products (including containers and labels) sold or supplied (including wrongful delivery and delivery of incorrect goods) by the Insured in connec on with the business.
The amount payable under this Sub-Sec on, inclusive of any legal costs recoverable from the Insured by a claimant or any number of claimants, and all other costs and expenses incurred with the Company’s consent, for any one event or series of events with one original cause or source or during any one (annual) period of insurance, will not exceed in the aggregate the limit of indemnity for this Sub-Sec on stated in the Schedule.
Geographical limits (applicable to Products Liability only)
For the purposes of this Sub-Sec on:
1. the Republic of South Africa, Namibia, Botswana, Lesotho, Swaziland, Zimbabwe, Zambia, Mozambique and Malawi or in connec on with O shore work within the Con nental Shelf around those countries;
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.
EXCLUSIONS (applicable to Sub-Sec on 2 – Products Liability only)
Notwithstanding anything to the contrary contained within this Policy, the Company will not indemnify the Insured under this Sub-Sec on against liability:
1. for the cost of repair, altera on, recall or replacement of the goods or products (including containers and labels) causing injury or damage;
2. for the cost of demoli on, breaking out, dismantling, delivery, rebuilding, supply and installa on of the goods or products (including containers and labels) and any other property essen al to such repair, altera on or replacement unless physically damaged by the goods or products;
3. 3.1
arising from defec ve or faulty design, formula, plan or speci ca on, but if the Insured is a retailer this speci c excep on does not apply if the Insured's ac vi es are wholly restricted to sales, distribu on and/or marke ng (including any marke ng advisory service accompanying the products) of the product, and the Insured's ac vi es do not include nal prepara on which means repackaging, packing, labeling, cleaning or provision of opera ng instruc ons prior to sale to the Insured's original customers, nor include any enhancement, amendment or altera on to the product;
Hollard Business Policy – Branch – Version 1 2018 Page | 91